§ 89 — Content and effect of directives: general

89.—(1) A directive mentioned in section 88 (each called a directive under Part 5 or 6) is binding on the person to whom it is addressed.(2) A directive under Part 5 or 6 must be in writing.

(3) A directive under Part 5 or 6 must state —(a)

the things that the politically significant person is required by the competent authority to do, or to refrain from doing, as are specified in the directive or are of a description as specified in the directive;

(b)

whether the person to whom it is given must —(i)

advise the competent authority of the details of the manner in which the person proposes to comply with the directive;

(ii)

keep information about the matters that are the subject of the directive;

(iii)

regularly notify the competent authority about the steps being taken towards compliance with the directive; or

(iv)

give written notice to the competent authority when the person has complied with the directive; and

(c)

that it is an offence under this Act to fail to comply with the directive.

(4) To avoid doubt, subsection (3) does not prevent any other relevant matter as is reasonably necessary to enable the directive to be effective being contained in a directive under Part 5 or 6.

(5) A directive under Part 5 or 6 that is given in accordance with this Part takes effect when it is given or on a later date specified in the directive.

(6) A directive under Part 5 or 6 continues in force until the competent authority revokes the directive or it is cancelled on review under Part 8.

(7) A directive under Part 5 or 6 may be amended or revoked at any time by the competent authority if the competent authority is satisfied that the circumstances warrant it.

(8) Subsection (6) does not prevent a further directive being made under Part 5 or 6 in the same terms as a directive that has been revoked.

(9) Any person to whom a directive is given under Part 5 or 6 must comply with the directive.

(10) Unless otherwise ordered by the Minister, a directive of the competent authority appealed against under Part 8 must be complied with until the determination of the appeal.

(11) A directive under Part 5 or 6 has effect despite the provisions of —(a)

any other written law in force on the date of commencement of this Part; and

(b)

the constitution, memorandum or articles of association, trust deed or equivalent instrument of a politically significant person.

—(1) A directive mentioned in section 88 (each called a directive under Part 5 or 6) is binding on the person to whom it is addressed.

(2) A directive under Part 5 or 6 must be in writing.

(3) A directive under Part 5 or 6 must state —(a)

the things that the politically significant person is required by the competent authority to do, or to refrain from doing, as are specified in the directive or are of a description as specified in the directive;

(b)

whether the person to whom it is given must —(i)

advise the competent authority of the details of the manner in which the person proposes to comply with the directive;

(ii)

keep information about the matters that are the subject of the directive;

(iii)

regularly notify the competent authority about the steps being taken towards compliance with the directive; or

(iv)

give written notice to the competent authority when the person has complied with the directive; and

(c)

that it is an offence under this Act to fail to comply with the directive.

(4) To avoid doubt, subsection (3) does not prevent any other relevant matter as is reasonably necessary to enable the directive to be effective being contained in a directive under Part 5 or 6.

(5) A directive under Part 5 or 6 that is given in accordance with this Part takes effect when it is given or on a later date specified in the directive.

(6) A directive under Part 5 or 6 continues in force until the competent authority revokes the directive or it is cancelled on review under Part 8.

(7) A directive under Part 5 or 6 may be amended or revoked at any time by the competent authority if the competent authority is satisfied that the circumstances warrant it.

(8) Subsection (6) does not prevent a further directive being made under Part 5 or 6 in the same terms as a directive that has been revoked.

(9) Any person to whom a directive is given under Part 5 or 6 must comply with the directive.

(10) Unless otherwise ordered by the Minister, a directive of the competent authority appealed against under Part 8 must be complied with until the determination of the appeal.

(11) A directive under Part 5 or 6 has effect despite the provisions of —(a)

any other written law in force on the date of commencement of this Part; and

(b)

the constitution, memorandum or articles of association, trust deed or equivalent instrument of a politically significant person.