499Process for suspending or cancelling a licence in all other cases

499 Process for suspending or cancelling a licence in all other cases

(1) The Authority may, on its own initiative or after receiving a complaint, conduct an inquiry to determine whether grounds exist to suspend or cancel a licence.

(2) The Authority must give the licence holder written notice of the inquiry.

(3) The notice must—

(b) set out an outline of all allegations, facts and circumstances known to the Authority that are relevant to the inquiry; and

(c) invite the licence holder to make a submission to the inquiry; and

(d) specify a period of not less than 14 days within which the licence holder may make a submission.

(4) After considering any submission made by, or on behalf of, the licence holder in the period allowed, the Authority must decide—

(a) whether or not grounds exist to suspend or cancel the licence; and

(b) if such grounds exist, whether or not to suspend or cancel the licence.

(5) The Authority must give the licence holder written notice of its decision.

(6) If the Authority decides to suspend or cancel the licence, the Authority must include in the notice—

(a) a statement of its reasons for its decision; and

(b) if it decides to suspend the licence, a statement of when the suspension is to begin and when it is to end; and

(c) if it decides to cancel the licence, a statement of when the cancellation is to take effect.

(7) In specifying the date that the suspension or cancellation is to take effect, unless there exists an immediate risk to health or safety, the Authority must specify a date that is at least—

(a) in the case of a major hazard facility licence, 30 days after the licence holder is given the notice; or

(b) in any other case, 14 days after the licence holder is given the notice.

(8) The 14 day minimum period specified in subregulation (3)(d) does not apply if, in the opinion of the Authority, there are exceptional circumstances that pose an immediate significant risk to health or safety.

(9) If the Authority intends to suspend a high risk work licence on the ground that the licence holder is not, or has not been, safely and competently performing the relevant high risk work then, despite subregulation (6)(b), the Authority may suspend the licence until the licence holder provides it with satisfactory new evidence that the licence holder is competent to perform that work.

(10) This regulation does not apply to a suspension or cancellation that is required by regulation 498.