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Regulation 9 Information to be published

Original text. Later amendments are not shown.

(1)

This regulation applies in relation to a person (“P”) who is included in the Civil Nuclear Constabulary barred list under paragraph 2(2) of Schedule 25 (inclusion of constables) where—

(a)

in the case of inclusion in the barred list under paragraph 2(2)(a) of Schedule 25, P was dismissed at proceedings under provision made by the Authority relating to matters which are the subject of the Police (Conduct) Regulations 2020;

(b)

in the case of inclusion in the barred list under paragraph 2(2)(b) of Schedule 25, the finding by virtue of which P was included in the list was made at proceedings under provision made by the Authority relating to matters which are the subject of the Police (Conduct) Regulations 2020.

(2)

Subject to paragraph (4), the Authority must publish, in relation to P, the information mentioned in regulation 4(1)(a), (c), (d)(i), (e)(i), (h) and (i) (“the specified information”).

(3)

The information published under paragraph (2) must—

(a)

be published in such manner as the Authority considers appropriate,

(b)

be published no later than the last working day of the month following the month in which P was included in the barred list,

(c)

subject to regulation 10, remain published by the Authority for a period of five years beginning with the day on which it is first published, and

(d)

cease to be published by the Authority at the end of that period.

(4)

But the Authority must not publish any of the specified information in relation to P if to publish some or all of that information—

(a)

would be against the interests of national security,

(b)

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

(c)

would result in a significant risk of harm to any person (including P).

(5)

In determining whether paragraph (4) applies, the Authority must have regard to the extent to which (and manner in which) any of the specified information in relation to P has already been made available to the public.

(6)

If, after the Authority determines that it must not publish any of the specified information under paragraph (4), it becomes aware that the circumstances which led to that conclusion no longer apply, the Authority must publish the specified information under paragraph (2).