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Unit Standard No.12164Page 108

Withdrawal of authorisation

10. (1) The registrar may at any time withdraw any licence (including the licence of a licensee under provisional or final suspension in terms of section 9), if satisfied on the basis of available facts and information that the licensee-

(a) did not, when applying for the licence, make a full disclosure of all relevant

information to the registrar, or furnished false or misleading information; or

(b) has since such issue contravened or failed to comply with any provision of this

Act in a material manner.

(2) The provisions of-

(a) section 9(2), regarding a decision to suspend an authorisation (excluding such provisions relating to periods and terms); and

(b) section 9(3) and (4), regarding a provisional suspension followed by a

decision to lift or to finalise it, as the case may be , apply with the necessary changes to a withdrawal of a licence contemplated in subsection (1).

(3) (a) A person whose licence has been withdrawn under this section is debarred for

a period specified by the registrar from applying for a new licence.

(b) The registrar may, on good cause shown, vary any such period.

Requirements for reappointment of debarred representatives

2. The requirements for the reappointment of a debarred representative shall be as follows, namely, that the applicant must be a person who, on the date of

reappointment, complies with the following, which compliance must, where necessary, be proved by the submission to the appointing provider by the

applicant and, where appropriate, the debarring provider or any other person,

of relevant original substantiating documentation or certified copies thereof,

including affidavits (if any):

(a) At least 12 (twelve) months since the debarment date must have elapsed, unless the debarment was consequent on the applicant not having qualified as contemplated in section 13(2)(a) of the Act, and the applicant has within that period qualified as so contemplated;

(b) all unconcluded business of the applicant as former representative, referred to in the proviso to section 14(1) of the Act, has been properly concluded;

(c) all-

(i) complaints or legal proceedings (if any) submitted by clients to the applicant or the debarring provider, or the Ombud or any court of law; or

(ii) other administrative or legal procedures or proceedings in terms of the Act or any other law, arising out of any acts or omissions in which the applicant was directly or indirectly involved prior to the debarment date, have been properly and lawfully resolved or concluded, as the case may be, and that the applicant has fully complied with any decision, determination or court order in connection therewith, given or issued in respect of the applicant;

(d) all fit and proper requirements as contemplated in section 8(1)(a) and

(b), read with section 13(2), of the Act are complied with.

INSMAT final materials31/10/03

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