Part 2Licences and certificates
Certificates: how to get them
23Waiver of disqualification
A Licensing Authority may waive disqualification under section 22 if—
- the disqualified person applies in writing to the Licensing Authority for a waiver; and
- any prescribed fee is paid; and
- 1 or both of the following apply to the disqualification:
- the disqualification is on the ground set out in section 22(a) and the relevant conviction is for a minor offence:
- the disqualification is on 1 or more of the grounds set out in section 22(b) to (h); and
- the disqualification is on the ground set out in section 22(a) and the relevant conviction is for a minor offence:
- the Licensing Authority is satisfied, on the basis of written material before him or her, that there are special reasons why the person should not be disqualified from holding a certificate taking into account—
- the person’s character, circumstances, and background; and
- the nature of any offence relevant to the person’s disqualification.
- the person’s character, circumstances, and background; and
A person who wishes to seek a waiver of disqualification may do so only in connection with an application for a certificate or licence, or an application for renewal of a certificate or licence, or in connection with the cancellation or suspension of a certificate or the cancellation or suspension of a licence.
A waiver expires on the expiry of any certificate or licence to which it relates.
A Licensing Authority may, at any time, cancel a waiver, by notice in writing (with reasons) to the person concerned, if satisfied on reasonable grounds that the waiver should no longer apply.
In this section, minor offence means an offence that is, or the consequences of which are, minor in nature.
Notes
- Section 23(1): amended, on , by section 304 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
- Section 23(1)(c): replaced, on , by section 282(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
- Section 23(1)(d): replaced, on , by section 282(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
- Section 23(2): amended, on , by section 282(3) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
- Section 23(4): amended, on , by section 304 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
- Section 23(5): inserted, on , by section 282(4) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).


