C1C2C3C5C4 Part V Certificates of Criminal Records, &c.

Annotations:
Modifications etc. (not altering text)
C1

Pt. 5 (ss. 112-127) explained (prosp) by 1998 c. 29, s. 56(4)

C2

Pt. 5 power to apply (with modifications) conferred (E.W.) (7.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 163(4), 178(2)

C3

Pt. 5 explained (7.7.2008 for specified purposes, 3.3.2011 for specified purposes, 10.3.2015 in so far as not already in force) by Data Protection Act 1998 (c. 29), s. 56(4) (as amended (19.5.2008) by 2006 c. 47, ss. 63, 65, Sch. 9 para. 15(3) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2008/1320, art. 3; S.I. 2008/1592, art. 2; S.I. 2011/601, art. 2; S.I. 2015/312, art. 2)

I1I2122 Code of practice.

1

The Secretary of State shall publish, and may from time to time revise, a code of practice in connection with the use of information provided to F2, or the discharge of any function by, registered persons under this Part.

2

The Secretary of State shall lay before Parliament the code of practice under this section as soon as practicable after publication and after revision.

3

F6The Secretary of State may refuse to issue a certificate under section F3113A or 113B if he believes that the F7registered person who countersignedF7person who acted as the registered person in relation to the application—

F6Subsection (3A) applies if the Secretary of State thinks that the F7registered person who countersignedF7person who acted as the registered person in relation to an application for a certificate under section 113A or 113B—

a

has failed to comply with the code of practice under this section, or

b

F8countersignedF8acted as the registered person at the request of a body which, or individual who, has failed to comply with the code of practice.

F53A

The Secretary of State may—

a

refuse to issue the certificate;

b

suspend the registration of the person;

c

cancel the registration of the person.

3B

Section 120AB applies if the Secretary of State proposes to suspend or cancel a person's registration under subsection (3A) above as it applies if he proposes to suspend or cancel a person's registration by virtue of section 120AA.

F14

Where the Scottish Ministers have reason to believe that—

a

a registered person; or

b

a body or individual at whose request a registered person has countersigned or is likely to countersign an application under section F4113A or 113B,

has failed to comply with the code of practice, they may remove the registered person from the register or impose conditions on him as respects his continuing to be listed in the register