Revised Laws of Saint Lucia (2023)

15.   Suspension and revocation of licence, etc.

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    (1)   The Central Bank may suspend or revoke a licence granted to a credit bureau —

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      (a)     if the credit bureau —

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        (i)     provides the Central Bank with false or inaccurate information;

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        (ii)     does not commence operations within 12 months from the date of the grant of the licence, or a longer period as may be agreed between the Central Bank and the credit bureau;

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        (iii)     is in breach of any duty or obligation imposed upon it by this Act or the Regulations;

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        (iv)     has committed an offence of misrepresentation or fraud or other dishonest act in relation to business; or

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        (v)     demonstrates incompetence or untrustworthiness in the operation of its business;

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      (b)     if the credit bureau fails to comply with —

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        (i)     any term or condition imposed on it in respect of the licence granted to it;

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        (ii)     any provision of this Act or any other law to which it is subject; or

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        (iii)     any direction issued under this Act or the Regulations within the time specified;

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      (c)     if the Central Bank reasonably believes that —

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        (i)     the carrying on of business by the credit bureau is no longer in the interest of the public; or

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        (ii)     the rights and interests of the subscribers or the data subjects of the credit bureau are threatened; or

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      (d)     on any ground on which the Central Bank might have refused to grant the licence under section 8.

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    (2)   Before the Central Bank suspends or revokes a licence granted to a credit bureau, the Central Bank shall —

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      (a)     provide to the credit bureau a notice in the prescribed form of its intention to suspend or revoke the licence and the reason for the intended suspension or revocation; and

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      (b)     give the credit bureau a reasonable opportunity to make representation regarding the intended suspension or revocation of the licence.

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    (3)   Where a credit bureau makes any representation under this section in respect of the intended suspension or revocation of its licence, the Central Bank shall —

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      (a)     upon consideration of the representation, make a decision; and

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      (b)     in accordance with subsection (4), notify the credit bureau of its decision.

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    (4)   Where the Central Bank suspends or revokes a licence under this section —

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      (a)     the Central Bank shall give to the credit bureau a notice in writing of its decision —

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        (i)     stating the reasons for the decision; and

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        (ii)     informing the credit bureau of its right of review under Part 7 and the right of appeal under Part 8; and

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      (b)     the credit bureau shall, as of the date of receipt of the notice referred to in paragraph (a), cease to carry on the business of a credit bureau.

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    (5)   The Central Bank may —

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      (a)     at any time after the period of suspension ends; and

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      (b)     upon receipt of the prescribed reinstatement fee,

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    reinstate a licence that was suspended if the Central Bank considers it appropriate to do so.