The Code Manager Selection Regulations 2024
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Change 1
6 Specially formed company
(1) Where the Authority determines in relation to a code that the code manager is to be selected on a non-competitive basis, the Authority may, instead of selecting a candidate under regulation 5, decide to— (a) form a limited company, and (b) select that company as code manager. (2) The Authority may not select a specially formed company as code manager in accordance with paragraph (1) unless the conditions in paragraphs (3) to (5) are met. (3) The first condition is that either— (a) the Authority, and any nominee of the Authority, has ceased to be a member of the company, or (b) the Authority has made arrangements by which no later than the relevant time the Authority and any such nominee will cease to be a member of the company. (4) The second condition is that either— (a) no person that is an officer or employee of or a contractor to the Authority is a director or other officer or employee of or engaged as a contractor by the company, or (b) the Authority has made arrangements by which no later than the relevant time any such person will cease to be a director or other officer or employee of or engaged as a contractor by the company. (5) The third condition is that the Authority is satisfied that, after taking account of any decision made by the Authority to exercise any of its powers under Schedule 12 or 13 of the Act, the specially formed company will at the relevant time be in compliance with the conditions of the code manager licence. (6) For the purposes of paragraphs (3) to (5), the relevant time is the time of selection of the candidate or if later the time from which the code manager licence is effective. (7) Before granting a code manager licence to a specially formed company, the Authority must— (a) publish a notice— (i) stating that the Authority proposes to grant the licence and identifying the code and the name and such other details of the company as the Authority considers appropriate; (ii) stating the reasons why it proposes to grant the licence; (iii) setting out the period within which representations may be made about the proposed grant of the licence, and (b) consider any representations made within the period specified in the notice about the proposed grant of the licence. (8) If after following the steps in paragraph (7) the Authority decides to grant the code manager licence to the specially formed company, the Authority must, as soon as reasonably practicable thereafter, publish a notice of the grant. (9) Except as provided in paragraphs (2) to (5) nothing in these Regulations limits the powers of the Authority to take any step that it considers requisite or desirable for the formation or (pending its selection as code manager) management of a specially formed company.
6 Specially formed company
(1) Where the Authority determines in relation to a code that the code manager is to be selected on a non-competitive basis, the Authority may, instead of selecting a candidate under regulation 5, decide to— (a) form a limited company, and (b) select that company as code manager. (2) The Authority may not select a specially formed company as code manager in accordance with paragraph (1) unless the conditions in paragraphs (3) to (5) are met. (3) The first condition is that either— (a) the Authority, and any nominee of the Authority, has ceased to be a member of the company, or (b) the Authority has made arrangements by which no later than the relevant time the Authority and any such nominee will cease to be a member of the company. (4) The second condition is that either— (a) no person that is an officer or employee of or a contractor to the Authority is a director or other officer or employee of or engaged as a contractor by the company, or (b) the Authority has made arrangements by which no later than the relevant time any such person will cease to be a director or other officer or employee of or engaged as a contractor by the company. (5) The third condition is that the Authority is satisfied that, after taking account of any decision made by the Authority to exercise any of its powers under Schedule 12 or 13 of the Act, the specially formed company will at the relevant time be in compliance with the conditions of the code manager licence. (6) For the purposes of paragraphs (3) to (5), the relevant time is the time of selection of the candidate or if later the time from which the code manager licence is effective. (7) Before granting a code manager licence to a specially formed company, the Authority must— (a) publish a notice— (i) stating that the Authority proposes to grant the licence and identifying the code and the name and such other details of the company as the Authority considers appropriate; (ii) stating the reasons why it proposes to grant the licence; (iii) setting out the period within which representations may be made about the proposed grant of the licence, and (b) consider any representations made within the period specified in the notice about the proposed grant of the licence. (8) If after following the steps in paragraph (7) the Authority decides to grant the code manager licence to the specially formed company, the Authority must, as soon as reasonably practicable thereafter, publish a notice of the grant. (9) Except as provided in paragraphs (2) to (5) nothing in these Regulations limits the powers of the Authority to take any step that it considers requisite or desirable for the formation or (pending its selection as code manager) management of a specially formed company.
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