36ADisciplinary action against former licensees

#### 36A Disciplinary action against former licensees 36A Disciplinary action against former licensees > > (1) Service of show cause notices on former licensees (application of section 34) The provisions of section 34 apply to a former licensee in the same way as they apply to a licensee, but not in respect of matters that occurred or came into being after the person ceased to be a licensee. > > > (2) However, a notice may only be served under section 34 (as applied by this section) on a person who has held a licence within the period of 12 months ending with the date of service of the notice. > > > (3) Former licensee may adduce evidence (application of section 35) The provisions of section 35 apply to a former licensee on whom— > > > > > (a) a notice has been served under section 34 when the person was a licensee, or > > > > > (b) a notice has been served under section 34 (as applied by this section) after the person ceased to be a licensee, > > > > in the same way as they apply to a licensee. > > > (4) Disciplinary action by Secretary against former licensee (provisions corresponding to section 36) The Secretary may undertake such inquiry and investigation in relation to the matters to which any such notice relates, and any submissions made and evidence adduced by or on behalf of the former licensee in relation to those matters, as the Secretary thinks fit. > > > (5) If, after such inquiry and investigation, the Secretary is satisfied on the balance of probabilities that the ground of any such notice has been substantiated against the former licensee, the Secretary may make either or both of the following determinations— > > > > > (a) a determination that a licence is not to be granted to the former licensee for a specified period, > > > > > (b) a determination that a licence is not to be granted to the former licensee, or that a licence held by the former licensee is not to be renewed, in future unless one or more specified conditions are attached to it. > > > (6) A determination under subsection (5)(a) precludes the grant of a licence to the former licensee for the specified period. > > > (7) Continuation under this section if person ceases to be licensed If— > > > > > (a) a notice has been served under section 34 on a person who was a licensee when the notice was served, and > > > > > (b) the person ceases to be licensed before the matters raised by the notice are finalised, > > > > the matters may continue to be dealt with under this Part, as if anything done or omitted to be done under sections 34–36 in relation to the person as a licensee had been done or omitted to be done under this section in relation to the person as a former licensee. > > **s 36A:** Ins 2002 No 104, Sch 1 \[37\].