(1) The Board must
consider an application that has been made to it for the grant or renewal of a
local practising certificate and may —
(a)
grant or refuse to grant the certificate; or
(b)
renew or refuse to renew the certificate.
(2) The Board may,
when granting or renewing the certificate, impose conditions as referred to in
section 47.
(3) The Board may
refuse —
(a) to
consider an application if —
(i)
it is not made in accordance with this Act; or
(ii)
the required fees and costs have not been paid;
or
(b) to
grant or renew a local practising certificate if the applicant has not
complied with this Act in relation to the application.
(4) The Board must not
grant a local practising certificate unless it is satisfied that the
applicant —
(a) was
eligible to apply for the grant when the application was made; and
(b) is a
fit and proper person to hold the certificate.
(5) The Board must not
renew a local practising certificate if it is satisfied that the
applicant —
(a) was
not eligible to apply for the renewal when the application was made; or
(b) is
not a fit and proper person to continue to hold the certificate.
(6) The Board must not
grant or renew a local practising certificate if it considers the
applicant’s circumstances have changed since the application was made
and the applicant would (having regard to information that has come to the
Board’s attention) not have been eligible to make the application when
the application is being considered.
(7) If the Board
grants or renews a local practising certificate, the Board must, as soon as
practicable, give the applicant —
(a) for
the grant of a certificate — a local practising certificate; or
(b) for
the renewal of a certificate — a new local practising certificate.
(8) If the
Board —
(a)
refuses to grant or renew a local practising certificate; or
(b)
imposes a condition on the certificate and the applicant does not agree to the
condition,
the Board must, as
soon as practicable, give the applicant an information notice.
(9) The Board is taken
to have refused to grant a local practising certificate if the certificate has
neither been granted nor refused within 6 months after —
(a) if
the Board has given the applicant a notice under section 75 —
the applicant has complied with the notice to the Board’s satisfaction;
or
(b) if
paragraph (a) does not apply — the application was lodged.