C4C3C6C5C2C7C1 Part V Certificates of Criminal Records, &c.

Annotations:
Modifications etc. (not altering text)
C4

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)

C3

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)

C2

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)

C7

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)

C1

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)

E2I1I2122 Code of practice.

1

The Secretary of State shall publish, and may from time to time revise, a code of practice in connection with the use of information provided to F15, or the discharge of any function by, registered persons under this Part.

2

The Secretary of State shall lay before Parliament the code of practice under this section as soon as practicable after publication and after revision.

3

F12Subsection (3A) applies if the Secretary of State thinks that the F9registered person who countersignedF9person who acted as the registered person in relation to an application for a certificate under section 113A or 113B—

a

has failed to comply with the code of practice under this section, or

b

F6countersignedF6acted as the registered person at the request of a body which, or individual who, has failed to comply with the code of practice.

F53A

The Secretary of State may—

a

refuse to issue the certificate;

b

suspend the registration of the person;

c

cancel the registration of the person.

3B

Section 120AB applies if the Secretary of State proposes to suspend or cancel a person's registration under subsection (3A) above as it applies if he proposes to suspend or cancel a person's registration by virtue of section 120AA.

E1I1I2122F13 Code of practice.

1

The Secretary of State shall publish, and may from time to time revise, a code of practice in connection with the use of information provided to F10, or the discharge of any function by, registered persons under this Part.

2

The Secretary of State shall lay before Parliament the code of practice under this section as soon as practicable after publication and after revision.

3

The Secretary of State may refuse to issue a certificate under section F14113A or 113BF3, or make a disclosure under section 52 or 53 of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), if he believes that the registered person who countersigned the application F7or, as the case may be, made the declaration in relation to the disclosure request —

a

has failed to comply with the code of practice under this section, or

b

countersigned F8or, as the case may be, made the declaration acted as the registered person at the request of a body which, or individual who, has failed to comply with the code of practice.

F24

Where the Scottish Ministers have reason to believe that—

a

a registered person; or

b

a body or individual at whose request a registered person

F11i

has countersigned or is likely to countersign an application under section F4113A or 113BF1; or

ii

has made or is likely to make a declaration in relation to a disclosure request made under section 52 or 53 of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14)

has failed to comply with the code of practice, they may remove the registered person from the register or impose conditions on him as respects his continuing to be listed in the register.