Maritime Area Planning Act 2021
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SCHEDULE 2 Fit and Proper Person | ||
1. In this Schedule— | ||
“person concerned”, in relation to a relevant person which is a body corporate, means— | ||
(a) a person who exercises control (within the meaning of section 11 or 432 of the Taxes Consolidation Act 1997 ) in relation to the body, | ||
(b) a member (including the chairperson) of the body, or the board or board of directors of the body, or any other person acting in such capacity, | ||
(c) the managing director or chief executive officer of the body, or any other person acting in such capacity, or | ||
(d) a person to whom paragraph 2(f) relates or, in the case of a relevant person who falls within clause (a) of the definition of “relevant person”, would relate if the MARA grants the MAC concerned; | ||
“relevant person” means— | ||
(a) in the case of a MAC application, the applicant, or | ||
(b) the holder of a MAC. | ||
2. Subject to section 90 , the MARA shall, in determining whether a relevant person is a fit and proper person to be granted a MAC or to continue to be the holder of a MAC, as the case may be, have regard to the following: | ||
(a) letters of reference; | ||
(b) that the relevant person, or any other person concerned, stands convicted of— | ||
(i) an indictable offence under this Act or an offence in another state equivalent to an indictable offence, | ||
(ii) an indictable offence under an enactment prescribed for the purposes of this clause, or | ||
(iii) an offence involving fraud or dishonesty; | ||
(c) if the relevant person is a body corporate, whether any of its directors has a declaration under section 819 of the Act of 2014 made against him or her or is deemed to be subject to such a declaration by virtue of Chapter 5 of Part 14 of that Act, or is subject to or deemed to be subject to— | ||
(i) a disqualification order, within the meaning of Chapter 4 of Part 14 of the Act of 2014, whether by virtue of that Chapter or any other provision of that Act, or | ||
(ii) a disqualification outside the State to like effect which corresponds to a disqualification order within the meaning of Chapter 4 of Part 14 of the Act of 2014; | ||
(d) if the relevant person is an individual, whether he or she is adjudicated bankrupt or is subject to proceedings for a declaration of bankruptcy or becomes an arranging debtor; | ||
(e) if the relevant person is a body corporate, whether it— | ||
(i) has commenced a voluntary winding-up or is subject to a winding-up order or is subject to proceedings for such an order, | ||
(ii) is subject to the appointment of a receiver or examiner, or | ||
(iii) has proposed a compromise or arrangement that is sanctioned under section 453(2) of the Act of 2014 or section 201(3) of the Act of 1963; | ||
(f) if the relevant person is a body corporate incorporated under the law of another state— | ||
(i) whether an event which corresponds to an event referred to in clause (c) has occurred in relation to any of its directors, or | ||
(ii) whether an event which corresponds to an event referred to in clause (e) has occurred in relation to the body corporate; | ||
(g) whether the relevant person, or a person acting for or on behalf of the relevant person in the relevant person’s capacity as such, has (or has access to), or continues to have (or have access to), as the case may be, the requisite technical knowledge or qualifications, or both, to undertake the proposed maritime usage, or continue to undertake the maritime usage, as the case may be; | ||
(h) whether the relevant person is likely to be in a position to meet, or continue to meet, as the case may be, any financial commitments or obligations that the MARA reasonably considers will be entered into or incurred by the relevant person— | ||
(i) in undertaking the proposed maritime usage, or in continuing to undertake the maritime usage, as the case may be, or | ||
(ii) in ceasing to undertake the proposed maritime usage or the maritime usage, as the case may be; | ||
(i) the previous performance of the relevant person when granted— | ||
(i) a MAC, | ||
(ii) a development permission, | ||
(iii) a licence, or | ||
(iv) an authorisation (howsoever described) under the Act of 1933. |