18Determination of application

18 Determination of application

18 Determination of application

(1) The Secretary is to determine an application for an accreditation, or for renewal of an accreditation, by—

(a) granting the application (unconditionally or with any conditions that the Secretary considers appropriate), or

(b) refusing the application.

(2) The Secretary cannot accredit a person, or renew a person’s accreditation, to provide a class of contestable services unless satisfied that the person is competent to provide contestable services of that class.

(3) Without limiting subclause (2), the Secretary may refuse to accredit a person, or to renew a person’s accreditation, to provide a class of contestable services if—

(a) the application or the applicant fails to comply with clause 17, or

(b) in the opinion of the Secretary, the applicant fails to satisfy requirements specified in the Scheme Rules relating to eligibility for accreditation, or

(c) the Secretary is not satisfied that—

(i) the applicant is a fit and proper person to provide contestable services, or

(ii) in a case where the applicant is a natural person—each person with whom the person is in partnership in connection with a business that provides or proposes to provide contestable services is a fit and proper person to be involved in the provision of contestable services, or

(iii) in a case where the applicant is a body corporate—each director of, or person concerned in the management of, the body corporate is a fit and proper person to be involved in the provision of contestable services, or

(d) the applicant has previously failed to comply with any condition to which an accreditation of the applicant is subject, or

(e) the applicant holds or has held an accreditation that has been suspended or cancelled.

(4) The Secretary must give written notice to the applicant of the determination of the application, including—

(a) if the application is granted—notice of the period for which the accreditation is granted, or

(b) if the application is refused—notice of the reasons for the refusal.