Motor Car Traders Act 1986

This section applies to a person—

in relation to whom a claim has been admitted against the Fund;

who was a partner or director of, or a person concerned in the management of, a partnership or body corporate that has had a claim admitted against the Fund in relation to an act or omission that occurred at the time the person was a partner or director of, or a person concerned in the management of, the partnership or body corporate.

For the purposes of this section, person includes a partnership.

The person may apply to the Authority—

to prevent a suspension under section 29 from taking effect or for the removal of a suspension under that section; or

for permission to hold, or to continue to hold, a licence; or

for permission to be employed as an employee of a motor car trader in a customer service capacity (within the meaning of section 35A); or

for permission to be a partner or director of, or a person concerned in the management of, a motor car trader.

An application under this section must be in the form approved by the Authority and contain any information and be accompanied by any documents required by the Authority.

In considering an application under this section, the Authority may—

conduct any inquiries it thinks fit;

require the applicant to provide any further information that the Authority thinks fit in the manner required by the Authority;

seek advice and information on the application from any other person or body as it thinks fit.

The Authority may refuse to give its permission if the applicant does not provide the further information required, or his or her consent for the Authority to obtain that information, within a reasonable time after the requirement is made.

Subject to subsection (4), the Authority may grant the application if it is satisfied—

that either—

the person has refunded all amounts paid out of the Fund in respect of the claim; or

the person has agreed to refund all amounts paid out of the Fund in respect of the claim; and

that having regard to the conduct of the person before and after the claim, there is no reasonable expectation that the person will not comply with this Act and the regulations in future; and

that the granting of the application is not contrary to the public interest.

The Authority may grant an application by a partnership or body corporate whose licence would otherwise be suspended under section 29(1B) if the Authority is satisfied that the granting of the application is not contrary to the public interest.