Commentary on provisions of Act Section 1: Duty to notify member States of convictions
This section places a duty on the UK designated authority to notify the EU Member State(s) (all Member States of which the individual is a national) of the conviction information of an EU national convicted in the UK. The duty is created by subsection (3). The relevant authority is designated by the Secretary of State (see section 6).
	Subsection (1) sets out that the duty applies where the person has been convicted by or before a court in a part of the UK and the conviction is recorded in the relevant criminal records database.
	Subsection (2) sets out that the duty also applies to convictions which have arisen in service disciplinary proceedings (including where those have taken place outside of the UK) and the conviction is included in the relevant criminal records database.
	Subsection (4) provides that where a person is a national of more than one EU Member State, the UK designated authority must notify every EU Member State of which the individual is a national.
	Subsection (5) requires the notification to be sent within 28 days from the date the conviction information is entered on the relevant criminal records database.
	Subsection (6) provides that the conviction notification, when sent, must include the information set out in Schedule 1 of this Act and may include any other information the designated UK authority considers appropriate.
	Subsection (7) sets out that if the conviction information is deleted or amended following the original notification, so as to alter certain key information relating to the conviction, the UK designated authority must send an updated record to the relevant EU Member State(s).
	Subsection (8) clarifies that the section does not require the UK designated authority to disclose any information if to do so would contravene UK data protection legislation, although in determining whether a contravention exists, this duty must be taken into account.
	Subsection (9) ensures that convictions relating to a person with more than one nationality are to be disclosed even where one of the nationalities concerned is of the UK.