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.