Section 39 | Notice stating that connected and other persons are not qualified.

(1)Where notice has been served on any employer under section 38(2) of this Act and has not been cancelled, the Commission may serve notice on any of the following persons—

(a)any body corporate controlled by him and, if he is a body corporate, any associated body corporate, and

(b)any person connected with him,

stating that the person on whom the notice is served is not qualified for the purposes of sections 41 to 43 of this Act.

(2)No notice shall be served on any person under subsection (1) above if it appears to the Commission—

(a)that it is unlikely that he will execute any work or supply any goods or services for the purposes of any contract—

(i)made by a public authority accepting any offer made in response to an invitation by the public authority to submit offers, or

(ii)falling within a class or description for the time being specified for the purposes of section 41(3) of this Act to which a public authority is a party, or

(b)that, if he executes any work or supplies any goods or services for the purposes of any such contract, it is unlikely that the employer on whom the notice was served under section 38(2) of this Act will benefit, directly or indirectly.

(3)Where notice has been served on any person under subsection (1) above, the Commission shall serve notice on him cancelling the notice—

(a)if the notice served on the employer under section 38(2) of this Act is cancelled, or

(b)if it appears to the Commission, whether on an application under subsection (4) below or otherwise, that (apart from section 41(1) of this Act) subsection (2)(a) or (b) above is satisfied in his case.

(4)An application under this subsection may be made by the person on whom the notice under subsection (1) above was served, but if he has previously made an application under this subsection may not be made before the expiry of the period of six months beginning with the latest date on which he so applied.

(5)Where the Commission refuses to grant an application under subsection (4) above, it shall serve notice of that fact on the applicant and the applicant may, within 21 days from the date of the notice, appeal to the Tribunal against the refusal.

(6)If, on the appeal, it appears to the Tribunal that (apart from section 41(1) of this Act) subsection (2)(a) or (b) above is satisfied in the appellant’s case, the Commission shall serve notice on him cancelling the notice under subsection (1) above.