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Amendment of Part 6 of Act of 2021 - insertion of Chapter 3A
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58. The Act of 2021 is amended, in Part 6, by the insertion of the following Chapter after Chapter 3:
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“Chapter 3A
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Special enforcement notices
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Definitions
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143A. In this Chapter, ‘special enforcement notice’ means a notice under section 143B(2).
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Issue of special enforcement notices
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143B. (1) Subsection (2) applies where the MARA is of the opinion (in this section referred to as the ‘relevant opinion’) that a relevant ground applies to a holder and the gravity or potential gravity of such ground is so great that the provisions of this Chapter should apply to that ground rather than the provisions of Chapter 3.
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(2) Without prejudice to the generality of the other provisions of this Part and subject to subsection (3), the MARA may give the holder a notice in writing, accompanied by a copy of this Chapter—
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(a) stating the relevant opinion,
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(b) specifying the relevant ground as to why it is of that opinion and the reasons why it is of that opinion,
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(c) directing the holder to take such steps as are specified in the notice to remedy the relevant ground or, as the case may be, the matters occasioning it, and
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(d) specifying a period (being a period reasonable in all the circumstances of the case) within which those steps must be taken.
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(3) The period specified by the MARA pursuant to subsection (2)(d) may, at the request of the holder, be extended at the discretion of the MARA.
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(4) The MARA shall not give the holder a special enforcement notice unless, in the interests of procedural fairness, the MARA has first—
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(a) given the holder a notice in writing stating the nature of the special enforcement notice that the MARA is minded to give to the holder and the reasons why the MARA is so minded,
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(b) given the holder a reasonable opportunity, in the circumstances concerned, to make representations in writing to the MARA on what is stated in the notice referred to in paragraph (a), and
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(c) had regard to the representations (if any) referred to in paragraph (b) made to the MARA.
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(5) The steps specified in a special enforcement notice to remedy any relevant ground to which the notice relates may be framed so as to afford the holder a choice between different ways of remedying the relevant ground.
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(6) The MARA may cancel a special enforcement notice by notice in writing given to the holder.
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(7) Subject to subsection (8), where the holder fails to take the steps specified in a special enforcement notice, the MARA may, by notice in writing given to the holder, revoke the holder’s relevant authorisation.
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(8) The revocation of a relevant authorisation under subsection (7) shall not take effect until—
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(a) the date (if any) on which the MARA receives a notice in writing from the holder, not later than 30 days after the holder is given the notice concerned under subsection (6), stating that the holder accepts the revocation, or
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(b) the date (if any) that the High Court specifies that the revocation shall take effect in an order under section 143C confirming the termination,
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whichever first occurs.
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(9) For the avoidance of doubt, it is hereby declared that the giving of a special enforcement notice to the holder does not relieve the holder of—
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(a) any duty, obligation or responsibility under another provision of this Act or another enactment that relates to, or
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(b) any liability arising from,
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the relevant ground to which the notice relates.
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Application to High Court to confirm revocation of relevant authorisation under section 143B(6)
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143C. (1) Where the MARA does not receive a notice referred to in section 143B(7)(a) within the period specified in that section, it may, as soon as is practicable after the expiration of that period and on notice to the holder, make an application in a summary manner to the High Court for an order confirming the revocation of the holder’s relevant authorisation under section 143B(6).
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(2) The High Court may determine an application under subsection (1) by—
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(a) making any order that it considers appropriate, including an order revoking the relevant authorisation the subject of the application from the date specified for the purpose by the High Court in the order, and
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(b) giving to the MARA any other direction that it considers appropriate.
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(3) The MARA shall, on complying with a direction of the High Court under subsection (2)(b), give notice in writing to the holder concerned of the MARA’s compliance with such direction.
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(4) The decision of the High Court on an application under subsection (1) is final except that the MARA or the holder the subject of the decision may, by leave of that Court or the Court of Appeal, appeal against the decision to the Court of Appeal on a point of law.
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Rules of court
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143D. Rules of court may make provision for the expedition of the hearing of proceedings under this Chapter.”.
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