The Police Act 1997 (Criminal Records) (Registration) (Scotland) Regulations 2010

Nomination of countersignatories

4.—(1) A body corporate or unincorporate or statutory office-holder applying for registration under section 120(1) may nominate a countersignatory by submitting with the application the surname, all forenames and title, any previous surnames and forenames, home address, date, place and country of birth, any current business address, business telephone or facsimile or electronic mailing address and a specimen signature of the countersignatory.

(2) A registered person who is a body corporate or unincorporate or a statutory office-holder may nominate a countersignatory by submitting to the Scottish Ministers the surname, all forenames and title, any previous surnames and forenames, home address, date, place and country of birth, any current business address, business telephone or facsimile or electronic mailing address and a specimen signature of any countersignatory nominated after the registration of the body corporate or unincorporate or statutory office-holder, whether or not in substitution for any name previously submitted.

(3) The Scottish Ministers may refuse to accept, or to continue to accept, the nomination of a countersignatory if, in the opinion of the Scottish Ministers, that countersignatory is not a suitable person to have access to information which has become, or is likely to become, available to that countersignatory as a result of the registration of the body corporate or unincorporate or statutory office-holder which nominated that countersignatory.

(4) In determining for the purposes of this regulation whether a countersignatory is a suitable person to have access to any information, the Scottish Ministers may have regard, in particular, to—

(a) the matters specified in section 120A(3) (refusal and cancellation of registration: Scotland)(2);

(b) whether or not the Scottish Ministers have previously refused to accept, or to continue to accept, that countersignatory’s nomination; and

(c) whether or not that countersignatory has previously been a person who has been removed from the register, or has had conditions imposed on them as respects their continued listing in the register, by the Scottish Ministers under section 122(4) (code of practice).

(5) Before the Scottish Ministers refuse to accept, or to continue to accept, the nomination of a countersignatory under this regulation, they must notify in writing—

(a) the body corporate or unincorporate or the statutory office-holder concerned that they are of the opinion that they should refuse to accept, or to continue to accept, the nomination of that countersignatory, and that body or statutory office-holder may nominate another countersignatory in substitution; and

(b) the countersignatory nominated that they are of the opinion that they should refuse to accept, or continue to accept, the nomination of that countersignatory and state the reasons for that opinion and must inform that countersignatory of the right to make representations under paragraph (6).

(6) A countersignatory who has been notified in accordance with paragraph (5)(b) may, within 28 days of the receipt of such notice, make representations in writing to the Scottish Ministers as to why the Scottish Ministers should not refuse to accept, or to continue to accept, their nomination and the Scottish Ministers must consider any such representations.

(7) After considering such representations, the Scottish Ministers must notify the countersignatory nominated in writing—

(a) that they have decided that they should refuse to accept, or to continue to accept, the nomination of that countersignatory, and state the reasons for that opinion; or

(b) that they do not propose to refuse to accept, or to continue to accept, the nomination of that countersignatory.

(8) If no representations are received within the period specified in paragraph (6), the Scottish Ministers may proceed at the end of that period to refuse to accept, or to continue to accept, that countersignatory’s nomination.

(9) If representations are received under paragraph (6) and the Scottish Ministers decide to refuse to accept, or to continue to accept, the nomination of that countersignatory, that decision must be implemented within 28 days from the date of receipt of the notification sent under paragraph (7)(a) to the countersignatory nominated.

(10) No countersignatory may be nominated under this regulation if the Scottish Ministers have, within the period of two years prior to the date on which the nomination is received by them, refused to accept, or to continue to accept, that countersignatory’s nomination.

(1)

Section 120 was amended by the 2003 Act, section 70(1) and (6), and by the 2005 Act, section 163(3) and Schedule 14, paragraph 6.

(2)

Section 120A(3) was inserted by the 2003 Act, section 70(2), and amended by the 2005 Act, section 166(1) and Schedule 14, paragraph 9.