C1Part V Certificates of Criminal Records, &c.

Annotations:
Modifications etc. (not altering text)
C1

Part V (ss. 112 - 127) explained (prosp) by 1998 c. 29, s. 56(4)

120AF1 Refusal and cancellation of registration

1

The Secretary of State may refuse to include a person in the register maintained for the purposes of this Part if it appears to him that the registration of that person is likely to make it possible for information to become available to an individual who, in the Secretary of State’s opinion, is not a suitable person to have access to that information.

2

The Secretary of State may remove a person from the register if it appears to the Secretary of State—

a

that the registration of that person is likely to make it possible for information to become available to an individual who, in the Secretary of State’s opinion, is not a suitable person to have access to that information; or

b

that the registration of that person has resulted in information becoming known to such an individual.

F23

In determining for the purposes of this section whether an individual is a suitable person to have access to any information, the Secretary of State may have regard, in particular, to—

a

any information relating to that person which concerns a relevant matter;

b

whether that person is included in any list mentioned in section 113(3A) or (3C); and

c

any information provided to the Secretary of State under subsection (4).

4

It shall be the duty of the chief officer of any police force to comply, as soon as practicable after receiving it, with any request by the Secretary of State to provide the Secretary of State with information which—

a

is available to the chief officer;

b

relates to—

i

an applicant for registration;

ii

a registered person; or

iii

an individual who is likely to have access to information in consequence of the countersigning of applications by a particular applicant for registration or by a particular registered person;

and

c

concerns a matter which the Secretary of State has notified to the chief officer to be a matter which, in the opinion of the Secretary of State, is relevant to the determination of the suitability of individuals for having access to the information that may be provided in consequence of the countersigning of applications under this Part.

5

In this section “relevant matter” has the same meaning as in section 113.