Commentary on provisions of the Act Licences Section 8: Grant of licences: general
Section 8(1) gives the regulator a discretion in respect of grant of a licence, providing the regulator thinks fit to grant such a licence and subject to the subsequent provisions of the section.
	Under subsection (2), the regulator may only grant a licence if satisfied that the granting of a licence will not impair national security; is consistent with the United Kingdom’s international obligations (of any type); and is not contrary to the national interest.
	Under subsection (3), the regulator is also precluded from granting a licence unless satisfied that the applicant has the necessary financial and technical resources; is otherwise a fit and proper person; and that persons performing any licensee obligations under the licence are also fit and proper to carry out the licensed activities.
	Subsection (4) provides that where a person has been appointed to perform a licensing function under section 16, that person must obtain the prior approval of the Secretary of State before granting a licence.
	Subsection (5) contains a power to make regulations concerning the making and determination of licence applications.
	Subsection (6) enables the regulations to make provision concerning procedural, administrative and evidential matters relating to a licence application.
	Subsection (7) enables the regulations to cover a range of inspections and enquiries that prescribed persons, or persons of prescribed descriptions, may need to carry out on behalf of the regulator. The purpose of such enquiries and inspections will be to enable the regulator to be satisfied that any tests set out in, or enabled by, sections 8, 9 and 10 (as appropriate) are met, before a licence can be granted.