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CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 349 Variation of an approval in principle or a licence

CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 349

Variation of an approval in principle or a licence

(1)     The chief executive may at any time vary an approval in principle or a licence

        (a)     by removing a proprietor; or

        (b)     by varying or cancelling a condition; or

        (c)     by imposing a new condition; or

        (d)     in relation to a licence only—by varying its period.

(2)     However, the chief executive may not vary the period of a licence so that it exceeds 3 years.

(3)     The chief executive may act under subsection (1)—

        (a)     except under paragraph (1) (a)—of his or her own initiative, after consultation with the proprietor of the service provided under the approval or license; or

        (b)     on application by the proprietor.

(4)     An application for variation must be—

        (a)     in writing in a form approved by the chief executive; and

        (b)     accompanied by any determined fee.

(5)     The chief executive may only vary an approval or a licence on application by a proprietor if satisfied that the applicant would be eligible—

        (a)     under section 337 to be granted an approval; or

        (b)     under section 344 to be granted a licence.

(6)     The chief executive must send a notice of the variation of the approval or licence and a copy of the varied approval or licence to the licensee within 7 days after deciding that the approval or licence should be varied.

(7)     A variation of the period of an approval or a licence or a condition takes effect—

        (a)     with the consent of the proprietor—at such time as is stated for the purpose in the variation; or

        (b)     in any other case—60 days after the day the chief executive gives the proprietor notice in writing of the variation.

(8)     In this section, the chief executive varies a condition of an approval or a licence if he or she suspends the operation of the condition for a stated period.