Part V Certificates of Criminal Records, &c.
120 Registered persons.
(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)
F2Subject to regulations under section 120ZA and 120AA and to section 120A the F2The Secretary of State shall include in the register any person who—
(a)
applies to him in writing to be registered, F3and
(b)
satisfies the conditions in subsections (4) to (6), F4and
(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.
F5(2A)
Subsection (2) is subject to—
(a)
regulations under section 120ZA,
(b)
section 120A, and
(c)
section 120AA and regulations made under that section.
F6(3)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)
A person applying for registration under this section must be—
(a)
a body corporate or unincorporate,
(b)
(c)
an individual F9aged 18 or over 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
(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 F12113A.
F13120 Registered persons.
(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)
(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,
F16(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 F17113A 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 F11113A 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 F12113A.