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Police Act 1997

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Police Act 1997, Section 122 is up to date with all changes known to be in force on or before 16 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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122 Code of practice.E+W+N.I.

(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 [F1, or the discharge of any function by,] registered persons under this Part.

[F2(1A)The reference in subsection (1) to the use of information provided to registered persons under this Part includes a reference to the use of information provided in accordance with section 116A(1) to relevant persons (within the meaning of that section) who are not 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)[F3Subsection (3A) applies if [F4the Secretary of State] [F4DBS] thinks that the [F5registered person who countersigned] [F5person 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)[F6countersigned] [F6acted as the registered person] at the request of a body which, or individual who, has failed to comply with the code of practice.

[F7(3A)[F8The Secretary of State] [F8DBS] may—

(a)[F9refuse to issue the certificate;]

(b)suspend the registration of the person;

(c)cancel the registration of the person.

(3B)Section 120AB applies if [F10the Secretary of State] [F10DBS] proposes to suspend or cancel a person's registration under subsection (3A) above as it applies if [F11he] [F11it] proposes to suspend or cancel a person's registration by virtue of section 120AA.]

Extent Information

E1This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only

Textual Amendments

F1Words in s. 122(1) inserted (E.W.N.I.) (20.1.2009) by Safeguarding Vulnerable Groups Act 2006 (c. 47), ss. 29(2), 65 (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/39, art. 2(1)(d)

F3Words in s. 122(3) substituted (E.W.N.I.) (20.1.2009) by Safeguarding Vulnerable Groups Act 2006 (c. 47), ss. 29(3), 65 (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/39, art. 2(1)(d)

F7S. 122(3A)(3B) inserted (E.W.N.I.) (20.1.2009) by Safeguarding Vulnerable Groups Act 2006 (c. 47), ss. 29(4), 65 (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/39, art. 2(1)(d)

Commencement Information

I1S. 122(1)(2) in force at 19.3.2001 for E.W. by S.I. 2001/1097, art. 2(1); s. 122(3) in force at 1.3.2002 for E.W. by S.I. 2002/413, art. 2

S. 122(1)(2) in force at 1.1.2002 for S. by S.S.I. 2001/482, art. 2(1); s. 122(3) in force at 25.4.2002 for S. by S.S.I. 2002/124, art. 4

I2S. 122 in force at 3.12.2007 for N.I. by S.I. 2007/3342, art. 2(f)

[F12122 Code of practice.S

(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 [F13, 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)The Secretary of State may refuse to issue a certificate under section [F14113A or 113B] [F15, or make a disclosure under section 52 or 53 of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14),] if he believes that the registered person who countersigned the application [F16or, as the case may be, made the declaration in relation to the disclosure request]

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

(b)countersigned [F17or, as the case may be, made the declaration] acted as the registered person at the request of a body which, or individual who, has failed to comply with the code of practice.

[F18(4)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

[F19(i)]has countersigned or is likely to countersign an application under section [F20113A or 113B] [F21; or

(ii)has made or is likely to make a declaration in relation to a disclosure request made under section 52 or 53 of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14)]

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.]]

Extent Information

E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland only

Textual Amendments

F12Ss. 124A, 124B inserted (S.) (1.4.2006 for the insertion of s. 124A) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 70(8), 89(2); S.S.I. 2006/168, art. 2

F19S. 122(4)(b)(i): words in s. 122(4)(b) renumbered as s. 122(4)(b)(i) (S.) (28.2.2011) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), s. 101(2), sch. 4 para. 39(b)(i) (with ss. 90, 99); S.S.I. 2011/157, art. 2(a) (with art. 4)

Commencement Information

I1S. 122(1)(2) in force at 19.3.2001 for E.W. by S.I. 2001/1097, art. 2(1); s. 122(3) in force at 1.3.2002 for E.W. by S.I. 2002/413, art. 2

S. 122(1)(2) in force at 1.1.2002 for S. by S.S.I. 2001/482, art. 2(1); s. 122(3) in force at 25.4.2002 for S. by S.S.I. 2002/124, art. 4

I2S. 122 in force at 3.12.2007 for N.I. by S.I. 2007/3342, art. 2(f)

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