Regulation (2014:936) On Disqualification

Original Language Title: Förordning (2014:936) om näringsförbud

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2014:936

Introductory provisions



section 1 of this Regulation applies to disqualification and temporary

disqualification given pursuant to the Act (2014:836)

If the disqualification or the equivalent older provisions.



section 2 of the Prohibition Of business register "means the register referred to in

section 40 of the Act (2014:836) on disqualification.



Legal notification obligations



section 3 A court disqualification or

temporary ban should append to the judgment or decision

a special notice closer to explaining what the ban

means.



The notification shall be drawn up in accordance with a form

determined by the courts.



section 4 the court prohibition to register the business and to

Enforcement authority to transmit information on judgments and decisions in

the Court has



1. announced the disqualification or temporary ban,



2. amended or repealed a disqualification or suspension

disqualification,



3. exemption from the ban announced a temporary

disqualification,



4. the withdrawal of an exemption,



5. extended the time for a derogation,



6. decided that a disqualification or suspension

disqualification until further notice shall not apply, or



7. extended time on a disqualification.



When such a task as referred to in the first paragraph 3 should

It also clearly set out what activities the exemption

refers to.



Judicial authority may, after giving the companies registration office and

Enforcement authority the opportunity to comment, notify

regulations on how the courts are to fulfil their

obligation under this section.



§ 5 information on judgments and decisions referred to in paragraph 4 shall be submitted

as soon as the decision on disqualification. In

the case, the decision shall be effective immediately, however, the data

According to section 4 of the left as soon as the decision has been announced.



section 6 If any authorised by an authority to operate

Nutrition within a particular regulated the business area announced

disqualification or temporary ban, the Court shall

in the case referred to in paragraph 4 shall send a copy of the judgment or decision

to the approval authority. In the case of when such

notification shall be made in terms of section 5.



Business register of prohibition



section 7 of the business register is kept of prohibition by using the automated

treatment and used for



1. coordinated registration and information about the announced

disqualification and temporary disqualification,



2. request for certificate and an extract from the register,



3. the production of evidence if announced the disqualification and

temporary disqualification, as well as evidence of freedom from

disqualification, and



4. notifications under section 12.



The Swedish companies registration office is personal responsible according to

personal data Act (1998:204) for the treatment of

personal data in the business register of prohibition.



The Swedish companies registration office shall ensure that it does not arise from improper

intrusion into the privacy of the data subject or risks

from the point of view of safety. For these purposes, the work in

individual cases set up specific requirements for the treatment

of personal data.



section 8 When a disqualification or temporary ban has

granted, companies Registration Office announce this in a magazine

the piece gives out. The Swedish companies registration office may notify arrangements

If such a release.



section 9 of the business register of prohibition shall indicate



1. full name, social security number or, if there is none,

date of birth, and mailing address in the case of a person who

a disqualification or temporary ban,



2. whether the food ban is temporary,



3. the duration of the prohibition of nutrition,



4. whether the prohibition of nutrition has changed or repealed,



5. the exceptions and conditions in connection with the exemption, and if

whether the exemption is revoked, and



6. which court has decided if the disqualification or

temporary ban and the case number.



section 10 details of the disqualification and temporary ban

to screen out the business register of prohibition as soon as possible

After the food ban has expired, or

task has been submitted that the prohibition of any other reasons,

expired.



section 11 of the companies registration office may provide for how the statement should

left out of the business register of prohibition.



section 12 notifications of the data that is entered in the

business register of prohibition and of the changes made in

the register will be continuously sent to the bailiff

and the tax office.



section 13 If the service handles an extract from

business register of prohibition finds reason to believe that its

content is incorrect, he or she shall immediately notify the

to Bolagsverket.



section 14 of the companies registration office shall submit the necessary extracts from the register

judicial statistics according to the instructions

The Swedish national courts administration, after giving

The Swedish companies registration office the opportunity to comment.



15 § the information contained in the economic prohibition the register shall

be public.



In the case of personal data to the business register of prohibition have

for the purpose of providing information for



1. the activities of the State responsible for according to law

Constitution and



– as concerns such trade or business for which the insertion is done

in the registry,



– as concerns the performance of the obligation, or



– as to be performed requires access to

information contained in the register,



2. General or individual activity where the information

included in the economic prohibition table forms the basis for trials

or decisions.



Social security numbers and other identity numbers in the registry may

be processed for the purposes referred to in the first subparagraph.



section 16 of the Swedish companies registration office, for the purposes set out in section 15, and in

the extent that it is consistent with section 33

personal data Act (1998:204) permit direct access to

business register of prohibition.



Only one authority may nevertheless be granted direct access to the

personal data relating to offences involving criminal offences;

judgments in criminal cases, pre-trial supervision measures, or

administrative detention, unless a derogation from

prohibition for processing such data have been notified under

by paragraph 21 of the personal data Act (1998:204).



section 17 the provisions of the personal data Act (1998:204) about

correction or compensation applicable in the treatment of

personal data under this regulation.



section 18 of That decision on rectification and refusal of

information pursuant to section 26 of the personal data Act (1998:204),

be appealed to the Administrative Court follows from § 52 the

the law.



Enforcement the Agency's enforcement activities



section 19 of the enforcement authority will implement regulatory oversight of

announced the disqualification with respect to personal

integrity and in such a way that supervision does not Institute

undue attention or otherwise cause a person who has

disqualification or any other single larger problems than

necessary.



section 20 notice of call shall be sent by mail or be at the

other appropriate means. When a penalty or other sanction is imposed,

the notice shall be in writing and must be served.



section 21 of a penalty under section 43 or 45 teams

(2014:836) on disqualification shall be in writing.

The notice must be served.



section 22 of the enforcement authority shall appropriately

document the information that is collected in connection with

supervision.



section 23 of the Decision taken by the bailiff shall be recorded

in an appropriate manner.



section 24 enforcement authority shall notify the Prosecutor of the

There is reason to suspect that a ban is violated

or has been contravened or that the person has a derogation from

such a prohibition under section 35 (2014:836) on

disqualification is in breach of its obligations in the business

referred to with the exception, or against what right have decided in

When it granted the exception.



section 25 of the bailiff and the Revenue Commissioners shall, in particular,

pay attention when there may be reasons to inform

disqualification under section 6 of the Act (2014:836) on disqualification

and report this to the Prosecutor.