Police Act 1997

120 Registered persons. E+W+N.I.

(1) For the purposes of this Part a registered person is a person who is listed in a register to be maintained by the Secretary of State for the purposes of this Part.

[F1 (2) Subject to regulations under section 120ZA and 120AA and to section 120A the Secretary of State shall include in the register any person who—

(a) applies to him in writing to be registered,

(b) satisfies the conditions in subsections (4) to (6), and

(c) has not in the period of two years ending with the date of the application been removed from the register under section 120A or 120AA.]

F2 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) A person applying for registration under this section must be—

(a) a body corporate or unincorporate,

(b) a person appointed to an office by virtue of any enactment, or

(c) an individual who employs others in the course of a business.

(5) A body applying for registration under this section must satisfy the Secretary of State that it—

(a) is likely to ask exempted questions, or

(b) is likely to countersign applications under section [F3 113A or 113B] at the request of bodies or individuals asking exempted questions.

(6) A person, other than a body, applying for registration under this section must satisfy the Secretary of State that he is likely to ask exempted questions.

(7) In this section “exempted question” has the same meaning as in section [F4 113A].

Textual Amendments

F1 S. 120(2) substituted (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. 6(2); S.I. 2006/751, art. 2(c)(ii); S.I. 2007/3340, art. 2(b)

F2 S. 120(3) repealed (29.1.2004 for E.W., 3.12.2007 for N.I.) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 35 para. 6(3), Sch. 37 Pt. 11; S.I. 2004/81, art. 4(1)(2)(p); S.I. 2007/3340, art. 2(b)

F3 Words in s. 120(5)(b) substituted (1.4.2006 for S., 6.4.2006 for E.W., 3.12.2007 for N.I.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(4)(e)(8), Sch. 14 para. 6(b); S.S.I. 2006/166, art. 2(1)(e); S.I. 2006/378, art. 7(c); S.I. 2007/3341, art. 2(d)

F4 Word in s. 120(7) substituted (1.4.2006 for S., 6.4.2006 for E.W., 3.12.2007 for N.I.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(4)(e)(8), Sch. 14 para. 6(c); S.S.I. 2006/166, art. 2(1)(e); S.I. 2006/378, art. 7(c); S.I. 2007/3341, art. 2(d)

Modifications etc. (not altering text)

C3 This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only

Commencement Information

I1 S. 120(3) in force for E.W. at 19.3.2001 and s. 120(1)(2)(4)-(7) in force for E.W. at 1.5.2001 by S.I. 2001/1097, art. 2

S. 120(3) in force for S. at 1.1.2002 and s. 120(1)(2)(4)-(7) in force for S. at 1.2.2002 by S.S.I. 2001/482, art. 2

120 Registered persons. S

(1) For the purposes of this Part a registered person is a person who is listed in a register to be maintained by the Secretary of State for the purposes of this Part.

(2) Subject to [F5 section 120A and] regulations under subsection (3), the Secretary of State shall include in the register any person who applies to him in writing to be registered and satisfies the conditions in subsections (4) to (6).

(3) The Secretary of State may make regulations about the maintenance of the register; and regulations may, in particular, provide for—

(a) the information to be included in the register,

[F6 (aa) the nomination by—

(i) a body corporate or unincorporate; or

(ii) a person appointed to an office by virtue of an enactment,

whether that body or person is registered or applying to be registered, of an individual to act for it or, as the case may be, him in relation to the countersigning of applications under this Part;

(ab) the refusal by the Scottish Ministers, on such grounds as may be specified in or determined under the regulations, to accept or to continue to accept any nomination made by virtue of this subsection;

(ac) as to the period which must elapse before any person refused registration or removed from the register may apply to be included in the register;]

(b) the removal from the register of persons who are, in the opinion of the Secretary of State, no longer likely to wish to countersign applications under section [F7 113A or 113B] , and

(c) the payment of fees.

(4) A person applying for registration under this section must be—

(a) a body corporate or unincorporate,

(b) a person appointed to an office by virtue of any enactment, or

(c) an individual who employs others in the course of a business.

(5) A body applying for registration under this section must satisfy the Secretary of State that it—

(a) is likely to ask exempted questions, or

(b) is likely to countersign applications under section [F3 113A or 113B] at the request of bodies or individuals asking exempted questions.

(6) A person, other than a body, applying for registration under this section must satisfy the Secretary of State that he is likely to ask exempted questions.

(7) In this section “exempted question” has the same meaning as in section [F4 113A].

Extent Information

E1 This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland only

Textual Amendments

F3 Words in s. 120(5)(b) substituted (1.4.2006 for S., 6.4.2006 for E.W., 3.12.2007 for N.I.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(4)(e)(8), Sch. 14 para. 6(b); S.S.I. 2006/166, art. 2(1)(e); S.I. 2006/378, art. 7(c); S.I. 2007/3341, art. 2(d)

F4 Word in s. 120(7) substituted (1.4.2006 for S., 6.4.2006 for E.W., 3.12.2007 for N.I.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(4)(e)(8), Sch. 14 para. 6(c); S.S.I. 2006/166, art. 2(1)(e); S.I. 2006/378, art. 7(c); S.I. 2007/3341, art. 2(d)

F5 Words in s. 120(2) inserted (S.) (1.4.2006) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 70(6)(a), 89(2); S.S.I. 2006/168, art. 2

F6 S. 120(3)(aa)-(ac) inserted (S.) (1.4.2006) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 70(6)(b), 89(2); S.S.I. 2006/168, art. 2

F7 Words in s. 120(3)(b) substituted (1.4.2006 for S.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(4)(e)(8), Sch. 14 para. 6(a); S.S.I. 2006/166, art. 2(1)(e); S.I. 2007/3341, art. 2(d)

Commencement Information

I2 S. 120(3) in force at 19.3.2001 for E.W. and s. 120(1)(2)(4)-(7) in force at 1.5.2001 for E.W. by S.I. 2001/1097, art. 2

S. 120(3) in force at 1.1.2002 for S. and s. 120(1)(2)(4)-(7) in force at 1.2.2002 for S. by S.S.I. 2001/482, art. 2