§ 92 — Directive regarding responsible executive or key officer

92.—(1) A directive under this section cannot be given in relation to a class licensee.(2) The Authority may give a directive to a licensee prohibiting the licensee from permitting to act as a responsible executive, or a category 1 key officer, of the licensee an individual —(a)

whom the Authority is of the opinion is no longer a suitable person to be involved in providing a gambling service authorised by the licensee’s licence; and

(b)

who is specified in the directive.

(3) A directive under subsection (2) has to relate to an individual specified therein and may, in particular, direct the licensee concerned —(a)

to suspend for a period specified in the directive, the individual from the exercise of his or her office, employment or membership (as the case may be) pending consideration being given to the individual’s removal (whether under this section or otherwise) from his or her office, employment or membership; or

(b)

to remove, within the period specified in the directive, the individual from his or her office, employment or membership.

(4) However, a period of suspension under subsection (3)(a) must not exceed 24 months.

(5) No civil or criminal liability is incurred by the licensee or an officer, employee or agent of a licensee, for doing or omitting to do any act, if the act is done or omitted to be done with reasonable care and in good faith and for the purpose of the person complying with or giving effect to a directive under this section given to the licensee.

—(1) A directive under this section cannot be given in relation to a class licensee.

(2) The Authority may give a directive to a licensee prohibiting the licensee from permitting to act as a responsible executive, or a category 1 key officer, of the licensee an individual —(a)

whom the Authority is of the opinion is no longer a suitable person to be involved in providing a gambling service authorised by the licensee’s licence; and

(b)

who is specified in the directive.

(3) A directive under subsection (2) has to relate to an individual specified therein and may, in particular, direct the licensee concerned —(a)

to suspend for a period specified in the directive, the individual from the exercise of his or her office, employment or membership (as the case may be) pending consideration being given to the individual’s removal (whether under this section or otherwise) from his or her office, employment or membership; or

(b)

to remove, within the period specified in the directive, the individual from his or her office, employment or membership.

(4) However, a period of suspension under subsection (3)(a) must not exceed 24 months.

(5) No civil or criminal liability is incurred by the licensee or an officer, employee or agent of a licensee, for doing or omitting to do any act, if the act is done or omitted to be done with reasonable care and in good faith and for the purpose of the person complying with or giving effect to a directive under this section given to the licensee.