Issue Date September 2010
B3 Cessation of Authorisation and Other Changes to Businesses
Voluntary Cessation
1.
An AE may voluntarily cease to be authorised at any time by notifying the local VOSA Office in writing. See
Section B4 paragraph 19.
Automatic Cessation
2.
An authorisation ceases automatically if the authorised legal entity is no longer in control of the testing
operation at the VTS.
3.
Cessation of an authorisation is automatic in the following circumstances also:
a. If the AE is a sole trader and:
i.
dies;
ii.
is adjudged bankrupt or, in Scotland, has his/her estate sequestrated,
or;
iii.
becomes a patient within the meaning of Part VIII of the Mental Health Act 1983 or, in Scotland,
becomes incapable of managing his/her own affairs.
b. If the AE is a partnership and this is then dissolved. See also paragraph 9.
c. If the AE is a company for which:
i.
a winding-up order is made;
ii.
a resolution for voluntary winding-up is passed;
iii. a receiver or manager of the body’s undertaking is appointed, or;
iv. the taking of possession, by or on behalf of the holders of any debenture secured by as floating
charge, or of any property of the body comprised in or subject to the charge, occurs.
4.
An AE must notify the local VOSA Office if any of the above changes to the business occurs. Testing must
stop immediately if any of the above circumstances occurs until VOSA confirms it can recommence. Any
test carried out after the effective date of the change will have been carried out improperly – this
may adversely affect the authorisation of a re-constituted business. To minimise any disruption to a
business that wishes to continue trading following any such changes, AEs should notify the local VOSA
Office in advance when any of the above changes are planned allowing any necessary applications for new
authorisations to be processed before the change takes place. An authorisation cannot automatically be
transferred with a business.
Cessation for Disciplinary Reasons
5.
VOSA, on behalf of the Secretary of State (see Section F), has the discretionary power to take disciplinary
action against an AE, including cessation of the authorisation. Failure to adhere to the Requirements for
Authorisation may result in disciplinary action against the AE and/or the NT. Section I explains the
disciplinary and appeal processes.
6.
When the AE is a sole trader the responsibility for taking action to ensure that the authorisation is operated
in accordance with the Secretary of State's requirements and the penalties for failure to do so falls on that
person. With partnerships and companies, however, individuals must ensure correct operation of testing.
The responsibility therefore falls not only on the company or partnership but also on the following
individuals:
B
Authorised Examiners
