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)
E1I1I2122 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 F12, or the discharge of any function by, registered persons under this Part.
F201A
The reference in subsection (1) to the use of information provided to registered persons under this Part includes a reference to the use of information provided in accordance with section 116A(1) to relevant persons (within the meaning of that section) who are not 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
F6Subsection (3A) applies if F16the Secretary of StateF16DBS thinks that the F7registered person who countersignedF7person 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
F53A
a
F21refuse to issue the certificate;
b
suspend the registration of the person;
c
cancel the registration of the person.
3B
E2I1I2122F3 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 F2, 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 F13113A or 113BF9, 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 F10or, 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 F11or, 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.
F14
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
F14i
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.
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)