sec.24Procedure for suspension or cancellation

sec.24 Procedure for suspension or cancellation

This section applies if the chief inspector considers there is a ground to suspend or cancel an authority or security clearance (the proposed action ). Before taking the proposed action, the chief inspector must give the holder of the authority or security clearance a written notice stating— the proposed action; and the grounds for the proposed action; and an outline of the facts and circumstances that are the basis of the grounds; and if the proposed action is suspension of the authority or security clearance—the proposed suspension period; and that the holder may show, within a stated reasonable time (not less than 28 days after the notice is given to the holder) why the proposed action should not be taken. If, after considering all representations made within the stated time, the chief inspector still considers there is a ground to take the proposed action, the chief inspector may— if the proposed action was to suspend the authority or security clearance for a stated period—suspend the authority or security clearance for not longer than the proposed suspension period; or if the proposed action was to cancel the authority or security clearance—either cancel the authority or security clearance or suspend it for a period. The chief inspector must inform the holder of the authority or security clearance of the decision by written notice. If the chief inspector decides to suspend or cancel the authority or security clearance, the chief inspector must give the holder of the authority or security clearance an information notice for the decision. The decision takes effect on the day the notice is given to the holder of the authority or security clearance, or if a later day of effect is stated in the notice, the later day. However, if the authority or security clearance is suspended or cancelled because of the conviction of a person for an offence, the suspension or cancellation— does not take effect until— the end of the time to appeal against the conviction; and if an appeal is made against the conviction—the appeal is finally decided or otherwise ends; and has no effect if the conviction is quashed. s 24 amd 2009 No. 24 s 484 ; 2019 No. 7 s 36 (sec.24-ssec.1) This section applies if the chief inspector considers there is a ground to suspend or cancel an authority or security clearance (the proposed action ). (sec.24-ssec.2) Before taking the proposed action, the chief inspector must give the holder of the authority or security clearance a written notice stating— the proposed action; and the grounds for the proposed action; and an outline of the facts and circumstances that are the basis of the grounds; and if the proposed action is suspension of the authority or security clearance—the proposed suspension period; and that the holder may show, within a stated reasonable time (not less than 28 days after the notice is given to the holder) why the proposed action should not be taken. (sec.24-ssec.3) If, after considering all representations made within the stated time, the chief inspector still considers there is a ground to take the proposed action, the chief inspector may— if the proposed action was to suspend the authority or security clearance for a stated period—suspend the authority or security clearance for not longer than the proposed suspension period; or if the proposed action was to cancel the authority or security clearance—either cancel the authority or security clearance or suspend it for a period. (sec.24-ssec.4) The chief inspector must inform the holder of the authority or security clearance of the decision by written notice. (sec.24-ssec.5) If the chief inspector decides to suspend or cancel the authority or security clearance, the chief inspector must give the holder of the authority or security clearance an information notice for the decision. (sec.24-ssec.6) The decision takes effect on the day the notice is given to the holder of the authority or security clearance, or if a later day of effect is stated in the notice, the later day. (sec.24-ssec.7) However, if the authority or security clearance is suspended or cancelled because of the conviction of a person for an offence, the suspension or cancellation— does not take effect until— the end of the time to appeal against the conviction; and if an appeal is made against the conviction—the appeal is finally decided or otherwise ends; and has no effect if the conviction is quashed.