OpenLegislation

Regulation 10 Review of publication

Original text. Later amendments are not shown.

(1)

This regulation applies where the specified information in relation to a person (“P”) who is included in the Civil Nuclear Constabulary barred list is published by the Authority under regulation 9.

(2)

The Authority must consider any matter which comes to its attention (including by way of representations made in a written statement under provision equivalent to rule 26(7) of the Police Appeals Tribunals Rules 2020f1) which may be relevant to the question of whether the continued publication of some or all of the specified information in relation to P—

(a)

is against the interests of national security,

(b)

might prejudice the investigation or prosecution of a criminal offence or any civil proceedings, or

(c)

is resulting in a significant risk of harm to any person (including P).

(3)

If the Authority determines that continuing to publish some or all of the specified information in relation to P has any of the effects mentioned in paragraph (2), the Authority must cease to publish all of the specified information in relation to P.

(4)

Where the Authority is required to cease publishing the specified information under paragraph (3), it must do so before the end of the period of five working days beginning with the day on which it makes the determination under that paragraph.

(5)

If, after the Authority has ceased publishing the specified information under paragraph (3), it becomes aware that the circumstances which led to that determination no longer apply, the Authority must republish the specified information for the remainder of the required period.

(6)

If the Authority determines that continuing to publish the specified information would not have the effects described in paragraph (2) in a particular case, the Authority is not required to review that determination if there has been no material change in the circumstances which led to that determination.

(7)

If the Authority removes a person from the Civil Nuclear Constabulary barred list, the Authority must cease to publish all of the specified information in relation to P.

(8)

In this regulation—

  • “required period” means the period for which the Authority is required to publish the specified information under regulation 9(3)(c), ending no later than the end of the period of five years beginning with the day on which the information was first published by the Authority;

  • “specified information” has the meaning given in regulation 9(2).

Annotations

Footnotes

f1

S.I. 2020/1. As a consequence of making provision equivalent to the Police (Conduct) Regulations 2020 (pursuant to section 58 of the 2004 Act), the Authority has also made provision equivalent to the Police Appeals Tribunals Rules 2020.