43Cancellation because of fraud etc

43 Cancellation because of fraud etc

43 Cancellation because of fraud etc

(1) The Secretary may, by serving on the holder of the authority a written notice setting out the reason for the cancellation, cancel an authority if—

(a) the authority was issued, renewed or restored because of a misrepresentation (whether fraudulent or not), or

(b) the authority was issued, renewed or restored in error (whether as a result of such a misrepresentation or not).

(2) The Secretary may, by a further notice served on the holder of an authority cancelled under this section, retrospectively restore the authority if the Secretary is satisfied—

(a) that the error concerned has been rectified, and

(b) that the holder acted in good faith.

s 43: Am 1996 No 122, Sch 5 [9].