# Police Act 1997, Section 120A: Refusal and cancellation of registration on grounds related to disclosure

Extent: E+W+S

(1) DBS may refuse to include a person in the register maintained for the purposes of this Part if it appears to it that the registration of that person is likely to make it possible for information to become available to an individual who, in DBS's opinion, is not a suitable person to have access to that information.
(2) DBS may remove a person from the register if it appears to DBS—
(a) that the registration of that person is likely to make it possible for information to become available to an individual who, in DBS's opinion, is not a suitable person to have access to that information; or
(b) that the registration of that person has resulted in information becoming known to such an individual.
(3) In determining for the purposes of this section whether an individual is a suitable person to have access to any information, DBS may have regard, in particular, to—
(a) any information relating to that person which concerns a relevant matter;
(b) any information relating to the person of a kind specified in subsection (3A);
(c) any information provided to DBS under subsection (4).
(3A) The information is—
(a) whether the person is barred from regulated activity;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) whether the person is subject to a direction under section 167A of the Education Act 2002 (prohibition on participation in management of independent school).
(3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3D) Expressions used in subsection (3A) and in the Safeguarding Vulnerable Groups Act 2006 have the same meaning in that subsection as in that Act ....
(4) It shall be the duty of the chief officer of any police force to comply, as soon as practicable after receiving it, with any request by DBS to provide DBS with information which—
(a) is available to the chief officer;
(b) relates to—
(i) an applicant for registration;
(ii) a registered person; or
(iii) an individual who is likely to have access to information in consequence of a particular applicant for registration, or a particular registered person, acting as the registered person in relation to applications under this Part;
and
(c) concerns a matter which DBS has notified to the chief officer to be a matter which, in the opinion of DBS, is relevant to the determination of the suitability of individuals for having access to the information that may be provided in consequence of a person acting as the registered person in relation to applications under this Part.
(5) In this section “relevant matter” has the same meaning as in section 113A.
(6) For the purposes of this section references to a police force include any body mentioned in subsections (10)(a) to (i) and (11) of section 113B and references to a chief officer must be construed accordingly.
(7) The Secretary of State may by order made by statutory instrument amend subsection (3A) for the purpose of altering the information specified in that subsection.
(8) Such an order is subject to annulment in pursuance of a resolution of either House of Parliament.

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Source: https://www.legislation.gov.uk/ukpga/1997/50/section/120A (the official version)
Page: https://openlegislation.uk/police-act-1997/section-120A
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.