C1C7C3C2C4C5C6 Part V Certificates of Criminal Records, &c.
Pt. 5 explained (7.7.2008 for specified purposes, 3.3.2011 for specified purposes, 10.3.2015 in so far as not already in force) by Data Protection Act 1998 (c. 29), s. 56(4) (as amended (19.5.2008) by 2006 c. 47, ss. 63, 65, Sch. 9 para. 15(3) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2008/1320, art. 3; S.I. 2008/1592, art. 2; S.I. 2011/601, art. 2; S.I. 2015/312, art. 2)
Pt. 5 modified (temp.) (S.) (20.1.2009) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Transitory Provisions in Consequence of the Safeguarding Vulnerable Groups Act 2006) Order 2009 (S.S.I. 2009/4), arts. 1(2), 5 (with art. 3)
Pt. 5 modified (temp.) (S.) (20.1.2009) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Transitory Provisions in Consequence of the Safeguarding Vulnerable Groups Act 2006) Order 2009 (S.S.I. 2009/4), arts. 1(2), 4 (with art. 3)
Pt. 5 extended in part (Guernsey) (with modifications) (10.12.2009) by The Police Act 1997 (Criminal Records) (Guernsey) Order 2009 (S.I. 2009/3215), arts. 1(2), 3, Sch. 1, Sch. 3 (with arts. 1(3), 6-8)
Pt. V extended in part (Jersey) (with modifications) (18.3.2010) by The Police Act 1997 (Criminal Records) (Jersey) Order 2010 (S.I. 2010/765), arts. 1(2), 3, Schs. 1, 3 (with arts. 1(3), 6-8)
Pt. V extended in part (Isle of Man) (with modifications) (18.3.2010) by The Police Act 1997 (Criminal Records) (Isle of Man) Order 2010 (S.I. 2010/764), arts. 1(2), 3, Schs. 1, 3 (with arts. 1(3), 6-8)
I1120AAE1F1Refusal, cancellation or suspension of registration on other grounds
1
2
Subsection (3) applies where a registered person—
a
b
has, in any period of twelve months during which he was registered, F4acted as the registered person in relation to fewer applications under this Part than the minimum number specified in respect of him by regulations under subsection (1), or
c
has failed to comply with any condition of his registration.
3
Subject to section 120AB, F9DBS may—
a
suspend that person’s registration for such period not exceeding 6 months as F9DBS thinks fit, or
b
remove that person from the register.
F54
Subsection (6) applies if an application is made under section 120 by an individual who—
a
has previously been a registered person; and
b
has been removed from the register (otherwise than at that individual's own request).
5
Subsection (6) also applies if an application is made under section 120 by a body corporate or unincorporate which—
a
has previously been a registered person; and
b
has been removed from the register (otherwise than at its own request).
6
F8DBS may refuse the application.
I1120AAE2Refusal, cancellation or suspension of registration on other grounds
1
Regulations may make provision enabling the Secretary of State in prescribed cases to refuse to register a person who, in the opinion of the Secretary of State, is likely to F10 act as the registered person in relation to fewer applications under this Part in any period of twelve months than a prescribed minimum number.
2
Subsection (3) applies where a registered person—
a
is, in the opinion of the Secretary of State, no longer likely to wish to F11act as the registered person in relation to applications under this Part,
b
has, in any period of twelve months during which he was registered, F12 acted as the registered person in relation to fewer applications under this Part than the minimum number specified in respect of him by regulations under subsection (1), or
c
has failed to comply with any condition of his registration.
3
Subject to section 120AB, the Secretary of State may—
a
suspend that person’s registration for such period not exceeding 6 months as the Secretary of State thinks fit, or
b
remove that person from the register.
F134
Subsection (6) applies if an application is made under section 120 by an individual who—
a
has previously been a registered person; and
b
has been removed from the register (otherwise than at that individual's own request).
5
Subsection (6) also applies if an application is made under section 120 by a body corporate or unincorporate which—
a
has previously been a registered person; and
b
has been removed from the register (otherwise than at its own request).
6
The Department may refuse the application.
Pt. 5 power to apply (with modifications) conferred (E.W.) (7.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 163(4), 178(2)