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Section 9

Imposition of restrictions in lieu of revocation of licence

of Direct Sales and Anti-Pyramid Scheme Act 1993

ActIn forceProvision 9 of 44
Section 9
(1)

Where the Controller is satisfied that there are grounds on which his power to revoke a licence is exercisable under subsection 8(1) but the circumstances are not such as to justify revocation, the Controller may restrict the licence by—

(a)

imposing such limits on its duration as he thinks fit;

(b)

imposing such conditions as he thinks desirable or expedient for the protection of the purchasers or prospective purchasers or other persons dealing with the licensee; or

(c)

imposing both such limits and conditions.

(2)

A limit on the duration of a licence shall not be such as to allow the licence to continue in force for a period longer than one year from the date on which it is imposed; and such a limit may in particular be imposed in a case where the Controller considers that the licensee should be allowed to repay its purchasers or other persons dealing with it in an orderly manner.

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(3)

The conditions imposed under this section may, in particular—

(a)

require the licensee to take certain steps or to refrain from adopting or pursuing a particular course of action or to restrict the scope of its business in a particular way; or

(b)

prohibit the licensee from entering into any transaction or class of transactions, or permit it to enter into such transactions subject to such restrictions or conditions as may be specified.

(4)

Any condition imposed under this section may be varied or revoked by the Controller and any limit imposed under this section on the duration of the licence may be varied but not so as to allow the licence to continue in force for a period longer than that provided in subsection (2).

(5)

Failure to comply with any condition imposed under this section shall be a ground for the revocation of the licence but shall not invalidate any transaction.