Page:Cybersecurity Act 2018.pdf/48

Rh (3) The licensing officer must give the licensee written notice of—
 * (a) the licensing officer’s intention to exercise any power under subsection (1) or (2); and
 * (b) the date on which the licensing officer intends to exercise the power.

(4) The licensing officer must not, during a period of 14 days after the licensing officer informs the licensee of such intention, exercise any power under subsection (1) or (2) unless the licensee concerned is given an opportunity to be heard, whether in person or by a representative and whether in writing or otherwise.

(5) Where the licensing officer has by order revoked a licence under subsection (1) or made any order under subsection (2) in respect of a licensee, the licensing officer must serve on the licensee concerned a notice of the order.

(6) An order under subsection (1) or (2) by the licensing officer revoking or suspending a licence—
 * (a) takes effect immediately upon service of the notice of the order under subsection (5), in a case where the licensing officer states in the order that it is undesirable in the public interest for the licensee to continue to carry on the licensee’s business as a licensee; and
 * (b) in any other case, takes effect at the end of 14 days after the service of the notice of the order on the licensee under subsection (5).

(7) In any proceedings under this section consequent upon the conviction of a licensee for a criminal offence, the licensing officer must accept the licensee’s conviction as final and conclusive.

(8) In deciding for the purposes of this section whether a licensee is a fit and proper person to continue to hold a licence, the licensing officer may take into account any matter the licensing officer considers relevant, including any matter mentioned in section 26(8).