Police Act 1997

[F1117AOther disputes about section 113B(4) informationE+W

(1)Subsection (2) applies if a person believes that information provided in accordance with section 113B(4) and included in a certificate under section 113B or 116 —

(a)is not relevant for the purpose described in the statement under section 113B(2) or (as the case may be) 116(2), or

(b)ought not to be included in the certificate.

(2)The person may apply in writing to the independent monitor appointed under section 119B for a decision as to whether the information is information which falls within subsection (1)(a) or (b) above.

(3)The independent monitor, on receiving such an application, must ask such chief officer of a police force as the independent monitor considers appropriate to review whether the information concerned is information which—

(a)the chief officer reasonably believes to be relevant for the purpose described in the statement under section 113B(2) or (as the case may be) 116(2), and

(b)in the chief officer's opinion, ought to be included in the certificate.

(4)In exercising functions under subsection (3), the chief officer concerned must have regard to any guidance for the time being published under section 113B(4A).

(5)If, following a review under subsection (3), the independent monitor considers that any of the information concerned is information which falls within subsection (1)(a) or (b)—

(a)the independent monitor must inform [F2DBS] of that fact, and

(b)on being so informed, [F2DBS] must issue a new certificate.

(6)In issuing such a certificate, [F3DBS] must proceed as if the information which falls within subsection (1)(a) or (b) had not been provided under section 113B(4).

(7)In deciding for the purposes of this section whether information is information which falls within subsection (1)(a) or (b), the independent monitor must have regard to any guidance for the time being published under section 113B(4A).

(8)Subsections (10) and (11) of section 113B apply for the purposes of this section as they apply for the purposes of that section.]

Textual Amendments

F1S. 117A inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 82(5), 120 (with s. 97); S.I. 2012/2234, art. 2(u)