23Carrying on of business on behalf of licensee’s estate or following bankruptcy

23 Carrying on of business on behalf of licensee’s estate or following bankruptcy

23 Carrying on of business on behalf of licensee’s estate or following bankruptcy

(1) If a licensee dies, becomes mentally incapacitated or is declared bankrupt, the legal personal representative or trustee of the licensee’s estate may, in person or by a designated agent, carry on the business authorised by the licence for the relevant period.

(2) A person carrying on a business in accordance with this clause must immediately notify the Secretary of that fact.

(3) For the purposes of the Act and this Regulation—

(a) a person carrying on a business in accordance with this clause is taken, while so doing, to be the licensee, and

(b) an agent through whom the person acts for the purposes of the business is taken to be an employee of the business.

(4) If the licence concerned expires during the relevant period, sections 6 and 7 of the Act do not apply so as to make the person carrying on business in accordance with this clause guilty of an offence because of doing so.

(5) The Secretary may, by written notice to a person carrying on business in accordance with this clause, revoke the authority conferred by this clause, if the Secretary considers it appropriate in the circumstances.

(6) In this clause—

relevant period means the period of 3 months after the death or incapacity of the licensee or a court order declaring the licensee bankrupt.