S.L. 583.6 Art. 7Authorisation suspension.

(1) When the Authority has reason to suspect that an authorised person is conducting its affairs in breach of any applicable regulatory instrument or is otherwise no longer suitable to hold such authorisation, it shall initiate a formal investigation of such authorised person.

(2) The authorised person shall be informed of the investigation and the reasons for which it was initiated:

Provided that where the Authority reasonably believes that informing the authorised person of such investigation may prejudice the investigation or any possible outcome thereof, or is precluded from informing the authorised person by virtue of any applicable law, it may carry out the investigation without informing the authorised person.

(3) In conducting such investigation, the Authority shall be empowered to request and, or access any and all information, documents and other things from the authorised person or from third parties that directly or indirectly provide one or more services to, or obtain one or more services from, the authorised person, that it deems relevant.

Provided that where the Authority requests information, documents or any other things from a third party, it shall not require the consent of the authorised person to which the information, documents or other things relate.

Provided further that, where such information, documents and other things constitute personal data, the Authority shall only request and, or access the personal data which it deems to be relevant to the investigation.

(4) It shall be an offence against the Act for the authorised person not to provide the Authority with any information, documents and, or other things which the Authority may require, or to otherwise hinder the Authority’s investigation or to neglect to collaborate therewith. In any such case it shall also be lawful for the Authority to make a decision based on the information available to it.

(5) When the Authority’s investigation is concluded, the Authority shall provide the authorised person with a report thereon which shall include:

(a) the reason or reasons for which the investigation was initiated;

(b) the breaches of applicable regulatory instruments by the authorised person, if any, and the evidence proving such breaches; and

(c) the enforcement measures which the Authority has deemed it fit to take in the circumstances, if any:

Provided that the Authority may withhold any or all of the above information if disclosing them to the authorised person may prejudice the interests of players or of any other person, or would amount to a breach of any applicable law.

(6) The authorised person may contest the findings in such report within twenty days from the date of notification thereof.

(7) Upon receiving the authorised person’s contestation, if any, or upon the lapse of twenty days from the date of notification of the Authority’s report, whichever is earlier, the Authority shall communicate to the authorised person its final decision on the matter, confirming, revoking or amending the report.

Part V

Enforcement Measures