Regulation 18 Notice of withdrawal assessmentI1

England and Wales

(1)

Subject to paragraph (3), the assessor must, as soon as reasonably practicable after being appointed, give the officer concerned a written notice stating—

(a)

the matter that is being considered and how that matter indicates that the officer may no longer be suitable to hold vetting clearance,

(b)

the result of the vetting severity assessment conducted under regulation 15,

(c)

that there is to be a withdrawal assessment and the identity of the assessor,

(d)

the potential outcomes of the withdrawal assessment,

(e)

that the officer has the right to seek advice from the officer’s staff association,

(f)

the effect of regulations 9, 10(1) to (3) and 19,

(g)

that the officer has a duty to give appropriate cooperation during the withdrawal assessment, and

(h)

that whilst the officer may take advice on whether and how to respond when interviewed or when providing any information under regulation 19(1), it may harm the officer's case if the officer does not mention something on which they later seek to rely.

(2)

Subject to paragraph (3), where a written notice is given under paragraph (1) and the vetting authority revises its vetting severity assessment under regulation 15(5), the vetting authority must as soon as practicable give the officer concerned a revised written notice in light of the revised vetting severity assessment.

(3)

The assessor must not give a written notice under paragraph (1) or (2) for so long as the assessor considers that it might prejudice the withdrawal assessment or any other investigation.

(4)

Any written notice given under paragraph (1) or (2) is subject to the harm test.

Annotations

Commencement

I1: Reg. 18 in force at 14.5.2025, see reg. 1(1)