203Grounds for varying administrative determinations and approvals

203 Grounds for varying administrative determinations and approvals

203 Grounds for varying administrative determinations and approvals

(1) The Competent Authority may vary an administrative determination or approval if the application for the determination or approval—

(a) did not comply with this Regulation, or

(b) was false or misleading in a material particular.

(2) The Competent Authority may vary an administrative determination or approval if—

(a) a relevant change has happened since the determination was made or the approval was given, and

(b) if the change had happened earlier—

(i) the determination would have been made in the way in which it is proposed to be varied, or

(ii) the approval would have been given in the way in which it is proposed to be varied.

(3) The Competent Authority may vary an administrative determination or approval if the person on whose application the determination was made, or to whom the approval was given, is unsuitable to continue to be a person to whom the determination applies, or the approval was given, without variation because the person has contravened—

(a) a provision of the Act or this Regulation, or

(b) a provision of the law in force in another participating jurisdiction corresponding to a provision mentioned in paragraph (a).

(4) If an administrative determination applies to more than one person, the Competent Authority may vary the determination by removing the name of a person who is unsuitable as described in subsection (3), even if the person was the original applicant for the determination.

(5) In subsection (2)—

relevant change means a change about something the Competent Authority may or must consider in deciding whether to make the determination or give the approval.