(1)This section applies where an application is made to the Commissioners for two or more [F390 persons, whoF390] are eligible [F391 by virtue of section 43AF391] , to be treated as members of a group.
(2)This section also applies where two or more [F392 personsF392] are treated as members of a group and an application is made to the Commissioners—
(a)for another [F393 person, whoF393] is eligible [F394 by virtue of section 43AF394] to be treated as a member of the group, to be treated as a member of the group,
(b)for a [F395 personF395] to cease to be treated as a member of the group,
(c)for a member to be substituted as the group’s representative member, or
(d)for the [F396 personsF396] no longer to be treated as members of a group.
(3)An application with respect to any [F397 personsF397] —
(a)must be made by one of them or by the person controlling them, and
(b)in the case of an application for the [F398 personsF398] to be treated as a group, must appoint one of them as the representative member.
(4)Where this section applies in relation to an application it shall, subject to subsection (6) below, be taken to be granted with effect from—
(a)the day on which the application is received by the Commissioners, or
(b)such earlier or later time as the Commissioners may allow.
(5)The Commissioners may refuse an application, within the period of 90 days starting with the day on which it was received by them, if it appears to them—
(a)in the case of an application such as is mentioned in subsection (1) above, that the [F399 personsF399] are not eligible [F400 by virtue of section 43AF400] to be treated as members of a group,
(b)in the case of an application such as is mentioned in subsection (2)(a) above, that the [F401 personF401] is not eligible [F402 by virtue of section 43AF402] to be treated as a member of the group, or
(c)in any case, that refusal of the application is necessary for the protection of the revenue.
(6)If the Commissioners refuse an application it shall be taken never to have been granted.F389]