Part V Certificates of Criminal Records, &c.

F1120AARefusal, cancellation or suspension of registration on other grounds

(1)

Regulations may make provision enabling F2DBS in prescribed cases to refuse to register a person who, in the opinion of F2DBS, is likely to F3act as the registered person in relation to fewer applications under this Part in any period of twelve months than a prescribed minimum number.

(2)

Subsection (3) applies where a registered person—

(a)

is, in the opinion of F4DBS, no longer likely to wish to F5act as the registered person in relation to applications under this Part,

(b)

has, in any period of twelve months during which he was registered, F6acted as the registered person in relation to fewer applications under this Part than the minimum number specified in respect of him by regulations under subsection (1), or

(c)

has failed to comply with any condition of his registration.

(3)

Subject to section 120AB, F7DBS may—

(a)

suspend that person’s registration for such period not exceeding 6 months as F7DBS thinks fit, or

(b)

remove that person from the register.

F8(4)

Subsection (6) applies if an application is made under section 120 by an individual who—

(a)

has previously been a registered person; and

(b)

has been removed from the register (otherwise than at that individual's own request).

(5)

Subsection (6) also applies if an application is made under section 120 by a body corporate or unincorporate which—

(a)

has previously been a registered person; and

(b)

has been removed from the register (otherwise than at its own request).

(6)

F9DBS may refuse the application.

120AARefusal, cancellation or suspension of registration on other grounds

(1)

Regulations may make provision enabling the Secretary of State in prescribed cases to refuse to register a person who, in the opinion of the Secretary of State, is likely to F10 act as the registered person in relation to fewer applications under this Part in any period of twelve months than a prescribed minimum number.

(2)

Subsection (3) applies where a registered person—

(a)

is, in the opinion of the Secretary of State, no longer likely to wish to F11act as the registered person in relation to applications under this Part,

(b)

has, in any period of twelve months during which he was registered, F12 acted as the registered person in relation to fewer applications under this Part than the minimum number specified in respect of him by regulations under subsection (1), or

(c)

has failed to comply with any condition of his registration.

(3)

Subject to section 120AB, the Secretary of State may—

(a)

suspend that person’s registration for such period not exceeding 6 months as the Secretary of State thinks fit, or

(b)

remove that person from the register.

F13(4)

Subsection (6) applies if an application is made under section 120 by an individual who—

(a)

has previously been a registered person; and

(b)

has been removed from the register (otherwise than at that individual's own request).

(5)

Subsection (6) also applies if an application is made under section 120 by a body corporate or unincorporate which—

(a)

has previously been a registered person; and

(b)

has been removed from the register (otherwise than at its own request).

(6)

The Department may refuse the application.