S.L. 545.38 Art. 5Grounds of refusal for an authorisation.

The Regulator shall have the right to refuse a request for the issue of an authorisation or, if an authorisation has been issued, a request for the renewal of an authorisation, on the grounds that:

(a) the Regulator considers that the request does not meet one or more of the criteria referred to in regulation 4(2); or

(b) the application does not contain all such information requested by the Regulator in the application form or any other additional information that the Regulator may request from the applicant for the purpose of determining an application for the authorisation; or

(c) the application is not accompanied by such application fee as specified in accordance with these regulations:

Provided that any decision taken by the Regulator, including refusal or withdrawal of an authorisation, shall be fully reasoned and shall be open to challenge before the Administrative Review Tribunal:

Provided further that in case of failure by the Regulator to inform the applicant regarding any decision taken concerning access to a service activity or the exercise thereof, including refusal or withdrawal of an authorisation, shall not mean in any manner whatsoever, that the Regulator has tacitly granted such authorisation and that the applicant has automatically been granted access to a service activity or the exercise thereof.