C1C7C3C2C4C5C6 Part V Certificates of Criminal Records, &c.

Annotations:
Modifications etc. (not altering text)
C1

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)

C7

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)

C4

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)

C5

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)

C6

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)

I1120ABF1Procedure for cancellation or suspension under section 120AA

1

Before cancelling or suspending a person’s registration by virtue of section 120AA, F3the Secretary of StateF3DBS must send F4himF4its written notice of his intention to do so.

2

Every such notice must—

a

give F5the Secretary of State’sF5DBS's reasons for proposing to cancel or suspend the registration, and

b

inform the person concerned of his right under subsection (3) to make representations.

3

A person who receives such a notice may, within 21 days of service, make representations in writing to F6the Secretary of StateF6DBS as to why the registration should not be cancelled or suspended.

4

After considering such representations, F7the Secretary of StateF7DBS must give the registered person written notice—

a

that at the end of a further period of six weeks beginning with the date of service, the person’s registration will be cancelled or suspended, or

b

that F10heF10it does not propose to take any further action.

5

If no representations are received within the period mentioned in subsection (3) F8the Secretary of StateF8DBS may cancel or suspend the person’s registration at the end of the period mentioned in that subsection.

6

Subsection (1) does not prevent F9the Secretary of StateF9DBS from imposing on the registered person a lesser sanction than that specified in the notice under that subsection.

7

Any notice under this section that is required to be given in writing may be given by being transmitted electronically.

8

This section does not apply where—

a

F2the Secretary of StateF2DBS is satisfied, in the case of a registered person other than a body, that the person has died or is incapable, by reason of physical or mental impairment, of F11acting as the registered person in relation to applications under this Part, or

b

the registered person has requested to be removed from the register.

9

The Secretary of State may by regulations amend subsection (4)(a) by substituting for the period there specified, such other period as may be specified in the regulations.