Finance (Provision of Access to Cash Infrastructure) Act 2025
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Direction not to carry out business other than as directed | ||
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27. (1) If the Bank reasonably believes that there may be grounds for revoking a registration under section 25 , the Bank may decide to give to the holder a direction prohibiting the holder from carrying on business as an ATM deployer or CIT provider, as the case may be, other than in accordance with conditions specified by the Bank in the direction. | ||
(2) The Bank shall include in a direction under this section a statement— | ||
(a) setting out the reasons for giving the direction, | ||
(b) specifying the period during which the direction is to remain in force, and | ||
(c) specifying the conditions with which the holder is required to comply. | ||
(3) Subject to subsection (5), a decision of the Bank to give a direction under subsection (1) is an appealable decision for the purposes of Part VIIA of the Act of 1942. | ||
(4) A holder to whom a direction is given under subsection (1) may apply to the High Court for, and the High Court may, if it considers it appropriate to do so, grant, an order affirming, setting aside or varying the direction. | ||
(5) A holder may not make an appeal under Part VIIA of the Act of 1942 against a direction under subsection (1) where the direction is or has been the subject of an application to the High Court under subsection (4). | ||
(6) An application under subsection (4) shall be made not later than 21 days after the date of the direction given to the holder under subsection (1) or within such extended period as the High Court allows. | ||
(7) At the hearing of an application made under subsection (4), the High Court may make such order as it considers appropriate in the circumstances (including an order dismissing the application). | ||
(8) The High Court may direct the hearing together of applications made under subsection (4) and section 35 that relate to the same direction. | ||
(9) Where the High Court is satisfied that it is desirable, because of the nature or the circumstances of the case, or having regard to the interests of justice, then the whole or any part of proceedings relating to an application under subsection (4) before it may be heard otherwise than in public. | ||
(10) The Bank may, by notice given to the holder concerned, amend or revoke a direction given under this section. | ||
(11) A direction under this section takes effect from the date on which it is given or, if a later date is specified in the direction, from that date, whether or not an application is made under subsection (4) or an appeal against the direction is made by virtue of subsection (3). | ||
(12) A direction under this section ceases to have effect on the earlier of— | ||
(a) the end of the period, not exceeding 12 months, specified in the direction, or | ||
(b) on the revocation of the holder’s registration under this Part. | ||
(13) A person shall comply with a direction given to the person under this section. | ||
(14) A person who contravenes a direction given to the person under this section commits an offence. |