PART 1

Security

Criminal records

Duty to notify member States of convictions
1
1
This section applies where—
a
an individual who is a national of a member State has been convicted by or before a court in a part of the United Kingdom, and
b
the conviction is recorded in the criminal records database for that part.
2
This section also applies where—
a
an individual who is a national of a member State has been convicted in UK service disciplinary proceedings (whether or not in a part of the United Kingdom), and
b
the conviction is recorded in the criminal records database for any part of the United Kingdom.
3
The designated UK authority must notify the central authority of the member State of the conviction.
4
If the individual is a national of more than one member State, the designated UK authority must notify the central authority of each of those member States of the conviction.
5
Notification under this section must be given before the end of the period of 28 days beginning with the day on which the conviction is recorded in the criminal records database.
6
A notification under this section—
a
must include the information listed in Schedule 1, and
b
may include any other information that the designated UK authority considers appropriate.
7
If the record of the conviction is amended so as to alter or delete any of the information mentioned in paragraph 13, 14, 16, 17, 19 or 20 of Schedule 1 (information about the conviction), subsections (3) to (6) apply in relation to the amendment as they apply in relation to the conviction.
8
Nothing in this section requires the designated UK authority to disclose any information if the disclosure would contravene the data protection legislation (but, in determining whether the disclosure would contravene that legislation, the duties imposed by this section are to be taken into account).
9
For the purposes of this section it does not matter if the individual is a national of the United Kingdom as well as a national of a member State.
S. 1 in force at 31.12.2020 by S.I. 2020/1662, reg. 2(a)