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Application for Court order where certain convictions
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62. (1) Where a registered person is convicted of an offence to which this section applies, the registration body may, where it considers it appropriate in circumstances where the commission of the offence has caused loss of life, serious injury or substantial economic loss, apply to the Court, on notice to the registered person, seeking an order revoking the registration of that registered person and imposing a prohibition on that person.
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(2) An order under subsection (1) shall not take effect until—
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(a) the ordinary time for bringing an appeal against the conviction concerned has expired without any such appeal having been brought,
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(b) any such appeal has been withdrawn or abandoned, or
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(c) on any such appeal, the conviction or order, as the case may be, is upheld.
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(3) In considering an application under subsection (1) the Court may have regard to the circumstances considered by the Board under subsection (1) and to—
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(a) the seriousness of the offence,
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(b) the extent of any failure by the registered person to co-operate with an investigation of the offence,
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(c) any explanation provided by the registered person for the commission of the offence,
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(d) the duration of the conduct which constituted the commission of the offence, or
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(e) whether the person has a previous conviction for an offence under this Act.
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(4) The Registrar shall, as soon as practicable after a decision of the Court is made under this section, give notice to the person the subject of the application under subsection (1), of the decision, the date on which it was made and the date from which it will take effect.
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(5) In this section—
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“Court” means the High Court;
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“prohibition” means a prohibition from applying for registration in any division or particular class of works in a division and may include a permanent prohibition, a prohibition for a specified period or a prohibition subject to specified conditions.
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