Section 4 | The database

(1)In this Act “licensing information database” means the database operated for the purposes of this Act—

(a)by a person designated by the Secretary of State, or

(b)where no such person is designated, by, or on behalf of, the Secretary of State.

(2)A designation under subsection (1)(a)—

(a)may contain conditions to which it is subject, and

(b)may be varied or withdrawn by the Secretary of State.

(3)The person operating the database must ensure that—

(a)every licensing authority, relevant authority and the Department for Infrastructure in Northern Ireland are, subject to subsection (4), able to search the database, make entries in it and amend, remove and reinstate entries that it has made,

(b)every entry made in the database in accordance with section 2 is removed from the database at the end of the period of 11 years beginning with the day on which it is first made, and

(c)the information contained in the database is disclosed only for the purposes of ensuring—

(i)the safeguarding of passengers, and

(ii)road safety.

(4)The person operating the database may charge a fee to a person specified in subsection (3)(a) in respect of the costs of the database.

(5)A fee under subsection (4) may in particular be a periodic fee calculated in such manner as the person operating the database considers appropriate.

(6)But a person designated under subsection (1)(a) may only charge fees under subsection (4) if the Secretary of State has agreed the level of the fees to be charged.