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§ 21 — Conditions of approval
21.—(1) In granting any approval under section 20 in respect of an individual, the Licensing Officer may impose any condition on the licensee or the individual (or both) that the Licensing Officer considers requisite or expedient having regard to the purpose of this Act.(2) Without limiting subsection (1), an approval granted under section 20 may be subject to conditions —(a)
requiring the licensee or the individual (or both) to notify the Licensing Officer of any change in the particulars of the individual in respect of whom the approval is granted; and
(b)
requiring the licensee to take reasonable steps to ensure that the individual carries out any debt collection activity in compliance with one or more other conditions imposed under subsection (1).
(3) Subject to subsections (4), (5) and (6), it is lawful for the Licensing Officer to modify the conditions of an approval without compensating the licensee or the individual in respect of whom the approval is granted.
(4) Before modifying any conditions of an approval, the Licensing Officer must give notice to the licensee and the individual in respect of whom the approval is granted, respectively —(a)
stating that the Licensing Officer intends to make the modification in the manner specified in the notice; and
(b)
specifying the time (being at least 14 days after the date of service of the notice on the licensee and the individual or (where the notices are served on the licensee and the individual on different dates) on the later of those dates) within which the licensee and the individual may make their written representations to the Licensing Officer with respect to the proposed modification.
(5) Upon receiving any written representation mentioned in subsection (4)(b), the Licensing Officer must consider that representation and may —(a)
reject the representation;
(b)
amend the proposed modification in any manner that the Licensing Officer thinks fit having regard to the representation; or
(c)
withdraw the proposed modification.
(6) Where —(a)
the Licensing Officer rejects any written representation under subsection (5)(a);
(b)
the Licensing Officer amends any proposed modification to the conditions of the approval under subsection (5)(b); or
(c)
no representation is received by the Licensing Officer within the time specified in subsection (4)(b), or any representation made under that provision is subsequently withdrawn, and the licensee or the individual, or both (as the case may be) have not given immediate effect to the modification,
the Licensing Officer must issue a direction in writing to the licensee, or the individual, or both (as the case may be) requiring the licensee or the individual, or both (as the case may be), within the time specified by the Licensing Officer, to give effect to the modification as specified in the notice under subsection (4) or as amended by the Licensing Officer, as the case may be.
—(1) In granting any approval under section 20 in respect of an individual, the Licensing Officer may impose any condition on the licensee or the individual (or both) that the Licensing Officer considers requisite or expedient having regard to the purpose of this Act.
(2) Without limiting subsection (1), an approval granted under section 20 may be subject to conditions —(a)
requiring the licensee or the individual (or both) to notify the Licensing Officer of any change in the particulars of the individual in respect of whom the approval is granted; and
(b)
requiring the licensee to take reasonable steps to ensure that the individual carries out any debt collection activity in compliance with one or more other conditions imposed under subsection (1).
(3) Subject to subsections (4), (5) and (6), it is lawful for the Licensing Officer to modify the conditions of an approval without compensating the licensee or the individual in respect of whom the approval is granted.
(4) Before modifying any conditions of an approval, the Licensing Officer must give notice to the licensee and the individual in respect of whom the approval is granted, respectively —(a)
stating that the Licensing Officer intends to make the modification in the manner specified in the notice; and
(b)
specifying the time (being at least 14 days after the date of service of the notice on the licensee and the individual or (where the notices are served on the licensee and the individual on different dates) on the later of those dates) within which the licensee and the individual may make their written representations to the Licensing Officer with respect to the proposed modification.
(5) Upon receiving any written representation mentioned in subsection (4)(b), the Licensing Officer must consider that representation and may —(a)
reject the representation;
(b)
amend the proposed modification in any manner that the Licensing Officer thinks fit having regard to the representation; or
(c)
withdraw the proposed modification.
(6) Where —(a)
the Licensing Officer rejects any written representation under subsection (5)(a);
(b)
the Licensing Officer amends any proposed modification to the conditions of the approval under subsection (5)(b); or
(c)
no representation is received by the Licensing Officer within the time specified in subsection (4)(b), or any representation made under that provision is subsequently withdrawn, and the licensee or the individual, or both (as the case may be) have not given immediate effect to the modification,
the Licensing Officer must issue a direction in writing to the licensee, or the individual, or both (as the case may be) requiring the licensee or the individual, or both (as the case may be), within the time specified by the Licensing Officer, to give effect to the modification as specified in the notice under subsection (4) or as amended by the Licensing Officer, as the case may be.
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