§ 10 — Licence conditions

10.—(1) In granting or renewing a licence under section 8, the Licensing Officer may impose any condition that the Licensing Officer considers requisite or expedient having regard to the purpose of this Act.(2) The Licensing Officer may impose —(a)

conditions generally applicable to all licences;

(b)

conditions specifically applicable to a class of licences; or

(c)

conditions specifically applicable to a particular licence.

(3) Without limiting subsection (1), a licence may include conditions —(a)

requiring the licensee to put in place measures to ensure that every debt collector of the licensee carries out any debt collection activity in compliance with —(i)

all the conditions of the approval granted under section 20 for the debt collector to be deployed as a debt collector of the licensee;

(ii)

all the codes of practice that are applicable to the licensee; and

(iii)

this Act and any other written law, including the Penal Code 1871 and the Protection from Harassment Act 2014; and

(b)

requiring the licensee to undergo and pass any audit that the Licensing Officer may determine for compliance with —(i)

the provisions of this Act;

(ii)

the conditions of the licence or any approval granted under section 20 for an individual to be deployed as a debt collector of the licensee;

(iii)

the codes of practice that are applicable to the licensee; and

(iv)

any direction given by the Licensing Officer under section 11(4), 21(6), 22(2)(a), 25(2)(b) or 26(5).

(4) For the purpose of subsection (3)(b) —(a)

the audit may be conducted only by —(i)

an authorised officer; or

(ii)

any qualified individual or qualified audit team that may be approved by the Licensing Officer for that purpose; and

(b)

the Licensing Officer may require the licensee to submit to the Licensing Officer or to the persons conducting the audit any information that the Licensing Officer may specify which pertains to the licensee.

(5) Without limiting subsection (1), the Licensing Officer may grant a renewal of a licence with or without modifying the conditions of the licence, but section 11 does not apply to or in relation to granting a renewal of a licence with modifications to the conditions of the licence.

—(1) In granting or renewing a licence under section 8, the Licensing Officer may impose any condition that the Licensing Officer considers requisite or expedient having regard to the purpose of this Act.

(2) The Licensing Officer may impose —(a)

conditions generally applicable to all licences;

(b)

conditions specifically applicable to a class of licences; or

(c)

conditions specifically applicable to a particular licence.

(3) Without limiting subsection (1), a licence may include conditions —(a)

requiring the licensee to put in place measures to ensure that every debt collector of the licensee carries out any debt collection activity in compliance with —(i)

all the conditions of the approval granted under section 20 for the debt collector to be deployed as a debt collector of the licensee;

(ii)

all the codes of practice that are applicable to the licensee; and

(iii)

this Act and any other written law, including the Penal Code 1871 and the Protection from Harassment Act 2014; and

(b)

requiring the licensee to undergo and pass any audit that the Licensing Officer may determine for compliance with —(i)

the provisions of this Act;

(ii)

the conditions of the licence or any approval granted under section 20 for an individual to be deployed as a debt collector of the licensee;

(iii)

the codes of practice that are applicable to the licensee; and

(iv)

any direction given by the Licensing Officer under section 11(4), 21(6), 22(2)(a), 25(2)(b) or 26(5).

(4) For the purpose of subsection (3)(b) —(a)

the audit may be conducted only by —(i)

an authorised officer; or

(ii)

any qualified individual or qualified audit team that may be approved by the Licensing Officer for that purpose; and

(b)

the Licensing Officer may require the licensee to submit to the Licensing Officer or to the persons conducting the audit any information that the Licensing Officer may specify which pertains to the licensee.

(5) Without limiting subsection (1), the Licensing Officer may grant a renewal of a licence with or without modifying the conditions of the licence, but section 11 does not apply to or in relation to granting a renewal of a licence with modifications to the conditions of the licence.