Protection of Freedoms Bill (HC Bill 189)

(b) the Secretary of State cancels the application on either of the

following grounds—

(i) 15that the keeper has not answered, within such

reasonable period as was required by the Secretary of

State, a request from the Secretary of State as to whether

the keeper still wishes to be notified if the circumstances

are, or become, as mentioned in subsection (5A)(a)(i) or

20(as the case may be) (ii), or

(ii) that A neither appears in the register nor is being

considered for inclusion in the register.

(5D) A keeper of a relevant register may apply for information under this

section, or to be notified under this section, in relation to a person (A)

25only if—

(a) A appears in the register, or

(b) A is being considered for inclusion in the register.

(5E) The duties in subsections (2), (4) and (5B) do not apply if ISA or (as the

case may be) the Secretary of State is satisfied that the keeper of the

30register already has the information concerned.

(5F) The Secretary of State may determine the form, manner and contents of

an application for the purposes of this section.

(5G) In this section relevant information is information—

(a) which—

(i) 35relates to the protection of children or vulnerable adults

in general, or of any child or vulnerable adult in

particular, and

(ii) is relevant to the exercise of any function of the keeper

of the register, but

(b) 40which is not—

(i) information that the circumstances are as mentioned in

subsection (1)(b)(i) or (ii) in relation to a person,

(ii) any information provided under subsection (2)(b), or

(iii) information falling within paragraph 19(5) of Schedule


(5H) The Secretary of State may by order amend subsection (5G).