Part VU.K. Certificates of Criminal Records, &c.

Modifications etc. (not altering text)

C2Pt. 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)

C5Pt. 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)

C6Pt. 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)

C7Pt. 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)

[F1120ABProcedure for cancellation or suspension under section 120AAU.K.

(1)Before cancelling or suspending a person’s registration by virtue of section 120AA, [F2the Secretary of State][F2DBS] must send [F3him][F3its] written notice of his intention to do so.

(2)Every such notice must—

(a)give [F4the Secretary of State’s][F4DBS'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 [F5the Secretary of State][F5DBS] as to why the registration should not be cancelled or suspended.

(4)After considering such representations, [F6the Secretary of State][F6DBS] 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 [F7he][F7it] does not propose to take any further action.

(5)If no representations are received within the period mentioned in subsection (3) [F8the Secretary of State][F8DBS] 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 State][F9DBS] 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)[F10the Secretary of State][F10DBS] 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.]

Textual Amendments

F1Ss. 120AA, 120AB inserted (6.4.2006 for E.W., 3.12.2007 for N.I.) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 35 para. 9; S.I. 2006/751, art. 2(c)(ii); S.I. 2007/3340, art. 2(b)

Commencement Information

I1S. 120AB in force at 3.12.2007 for N.I. by S.I. 2007/3342, art. 2(e)