Criminal Justice Act 2003

9 After section 120A there is inserted— E+W+N.I.

“120AA Refusal, 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 countersign 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 countersign applications under this Part,

(b) has, in any period of twelve months during which he was registered, countersigned 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.

120AB Procedure for cancellation or suspension under section 120AA

(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 countersigning 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.”

Annotations:

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Extent Information

E1 Sch. 35: extent widened (7.4.2005) from E.W. to E.W.N.I. as a result of the amendment to s. 337(5) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 167(a), 178(1)(a)

Commencement Information

I1 Sch. 35 para. 9 wholly in force at 3.12.2007; Sch. 35 para. 9 not in force at Royal Assent, see s. 336(3); Sch. 35 para. 9 in force for E.W. at 6.4.2006 by S.I. 2006/751, art. 2 and Sch. 35 para. 9 in force for N.I. at 3.12.2007 by S.I. 2007/3340, art. 2(b)