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Police Act 1997
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- UK Public General Acts
- 1997 c. 50
- Part V
- Section 120AB
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[F1120ABProcedure for cancellation or suspension under section 120AAU.K.
(1)Before cancelling or suspending a person’s registration by virtue of section 120AA, the Secretary of State must send him written notice of his intention to do so.
(2)Every such notice must—
(a)give the Secretary of State’s reasons for proposing to cancel or suspend the registration, and
(b)inform the person concerned of his right under subsection (3) to make representations.
(3)A person who receives such a notice may, within 21 days of service, make representations in writing to the Secretary of State as to why the registration should not be cancelled or suspended.
(4)After considering such representations, the Secretary of State must give the registered person written notice—
(a)that at the end of a further period of six weeks beginning with the date of service, the person’s registration will be cancelled or suspended, or
(b)that he does not propose to take any further action.
(5)If no representations are received within the period mentioned in subsection (3) the Secretary of State may cancel or suspend the person’s registration at the end of the period mentioned in that subsection.
(6)Subsection (1) does not prevent the Secretary of State from imposing on the registered person a lesser sanction than that specified in the notice under that subsection.
(7)Any notice under this section that is required to be given in writing may be given by being transmitted electronically.
(8)This section does not apply where—
(a)the Secretary of State is satisfied, in the case of a registered person other than a body, that the person has died or is incapable, by reason of physical or mental impairment, of [F2countersigning] [F2acting as the registered person in relation to] applications under this Part, or
(b)the registered person has requested to be removed from the register.
(9)The Secretary of State may by regulations amend subsection (4)(a) by substituting for the period there specified, such other period as may be specified in the regulations.]
Textual Amendments
F1Ss. 120AA, 120AB inserted (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. 9; S.I. 2006/751, art. 2(c)(ii); S.I. 2007/3340, art. 2(b)
F2Words in s. 120AB(8) substituted (E.W.) (2.3.2009) by The Police Act 1997 (Criminal Records) (Electronic Communications) Order 2009 (S.I. 2009/203), arts. 1(1), 9
Commencement Information
I1S. 120AB in force at 3.12.2007 for N.I. by S.I. 2007/3342, art. 2(e)
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