Part I The National Criminal Intelligence Service
The Service Authority
F571 The Service Authority for the National Criminal Intelligence Service.
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Functions
F572 General functions of the NCIS Service Authority and NCIS.
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F573 Objectives.
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F574 Service plans.
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F575 Annual reports.
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Director General and other members
F576 Appointment of Director General.
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F577 Removal of Director General by the Authority.
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F578 Deputy Director General.
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F579 Members of NCIS.
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F579A Removal of certain members appointed under section 9
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Functions of Director General
F5710 General function of Director General.
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F5711 Reports by Director General to the Authority.
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F5712 Responsibility for co-ordination of police and Security Service activities.
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Service Authority’s officers and employees
F5713 Officers and employees.
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F5714 Appointment of clerk.
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F5715 Appointment of persons not employed by the NCIS Service Authority.
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Financial provisions
F5716NCIS service fund.
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F5716A Budget statement
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F5717 Grants from the Secretary of State
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F5717A Provision supplemental to section 17
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F5718. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5718A Financing by the Scottish Ministers
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F5719 Charges.
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F5720 Acceptance of gifts and loans.
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F5721 Pensions and gratuities.
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F5721A Accounts
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General provisions
F5722 Collaboration agreements.
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F5723 Aid by and for NCIS.
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F5724 Provision of special services.
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Central supervision and direction
F5725 General duty of the Secretary of State and the Scottish Ministers
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F5726 Setting of objectives.
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F5727 Setting of performance targets.
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F5728 Codes of practice.
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F5728A Codes of practice for Director General of NCIS
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F5729 Removal of Director General etc.
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F5730 Power to give directions to NCIS Service Authority
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F5731 Reports from NCIS Service Authority.
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F5731A Power to give directions as to action plans
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F5731B Procedure for giving directions by the Secretary of State
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F5731C Procedure for giving directions by the Scottish Ministers
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F5732 Reports from Director General.
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F5733 Criminal statistics.
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F5734 Inquiries.
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F5734A Regulations for NCIS
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F5735 Regulations as to standard of equipment.
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F5736 Common services.
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Discipline and complaints
F5737 Discipline regulations.
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F5738 Appeals.
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F5739 Complaints.
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F5740 Information as to the manner of dealing with complaints etc.
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Miscellaneous
F5741 Arrangements for consultation.
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F5742 Liability for wrongful acts of constables etc.
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F5743 Causing disaffection.
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F5744 Orders governing NCIS Service Authority.
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General
F5745 Orders and regulations.
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F5746 Interpretation of Part I.
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C1Part II The National Crime Squad
The Service Authority
F5747 The Service Authority for the National Crime Squad.
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Functions
F5748 General functions of the NCS Service Authority and the National Crime Squad.
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F5749 Objectives.
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F5750 Service plans.
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F5751 Annual reports.
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Director General and other members
F5752 Appointment of Director General.
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F5753 Removal of Director General by the Authority.
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F5754 Deputy Director General.
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F5755 Members of the National Crime Squad.
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F5755A Removal of certain members appointed under section 55
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Functions of Director General
F5756 General function of Director General.
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F5757 Reports by Director General to the Authority.
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Service Authority’s officers and employees
F5758 Officers and employees.
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F5759 Appointment of clerk.
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F5760 Appointment of persons not employed by the NCS Service Authority.
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Financial provisions
F5761NCS service fund.
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F5761A Budget statement
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F5762 Grants from the Secretary of State
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F5762A Provision supplemental to section 62
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F5763 Initial financing of NCS Service Authority.
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F5764 Charges.
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F5765 Acceptance of gifts and loans.
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F5766 Pensions and gratuities.
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F5766A Accounts
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F5767 Revenue accounts and capital finance.
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F5768 Financial administration.
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Special services
F5769 Provision of special services.
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Central supervision and direction
F5770 General duty of Secretary of State.
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F5771 Setting of objectives.
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F5772 Setting of performance targets.
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F5773 Codes of practice.
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F5773A Codes of practice for Director General of NCS
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F5774 Removal of Director General etc.
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F5775 Power to give directions to NCS Service Authority
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F5776 Reports from NCS Service Authority.
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F5776A Power to give directions as to action plans
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F5776B Procedure for giving directions under sections 75 and 76A
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F5777 Reports from Director General.
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F5778 Criminal statistics.
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F5779 Inquiries.
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F5779A Regulations for NCS
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F5780 Regulations as to standard of equipment.
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F5780A Regulation of procedures and practices
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Discipline and complaints
F5781 Discipline regulations.
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F5782 Appeals.
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F5783 Complaints.
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F5784 Information as to the manner of dealing with complaints etc.
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Miscellaneous
F5785 Arrangements for consultation.
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F5786 Liability for wrongful acts of constables etc.
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F5787 Causing disaffection.
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I188 Application to NCS Service Authority of local authority enactments.
Schedule 6 (which amends local authority enactments applying to police authorities so as to apply those enactments in a similar way to the NCS Service Authority) shall have effect.
General
F6389 Orders and regulations.
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F6490 Interpretation of Part II.
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C5C6C34C43 Part III Authorisation of Action in Respect of Property
Pt. 3 (ss. 91-108) amended (S.) (29.9.2000) by 2000 asp 11, s. 24(2)(b) (with s. 30); S.S.I. 2000/341, art. 2
Pt. 3: power to apply (with modifications) conferred (1.10.2002) by Police Reform Act 2002 (c. 30), s. 19(2)(b); S.I. 2002/2306, art. 2(b)(v)
Pt. 3 modified (1.4.2004) by The Independent Police Complaints Commission (Investigatory Powers) Order 2004 (S.I. 2004/815), arts. 1(1), 2 (as amended (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 10(5) (with reg. 37))
Pt. 3: power to amend conferred (1.11.2022 for specified purposes, 20.2.2023 for specified purposes, 19.6.2023 in so far as not already in force) by 2006 c. 52, s. 340P(5)(b) (as inserted by Armed Forces Act 2021 (c. 35), ss. 11(3), 24(1); S.I. 2022/1095, reg. 3; S.I. 2023/158, reg. 4; S.I. 2023/621, reg. 2)
The Commissioners
F52691 The Commissioners.
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Authorisations
92 Effect of authorisation under Part III.
No entry on or interference with property or with wireless telegraphy shall be unlawful if it is authorised by an authorisation having effect under this Part.
C293 Authorisations to interfere with property etc.
1
Where subsection (2) applies, an authorising officer may authorise—
a
the taking of such action, in respect of such property in the relevant area, as he may specify,
F1ab
the taking of such action falling within subsection (1A), in respect of property outside the relevant area, as he may specify, or
b
the taking of such action in the relevant area as he may specify, in respect of wireless telegraphy.
F21A
The action falling within this subsection is action for maintaining or retrieving any equipment, apparatus or device the placing or use of which in the relevant area has been authorised under this Part F559or the Investigatory Powers Act 2016 or Part II of the Regulation of Investigatory Powers Act 2000 or under any enactment contained in or made under an Act of the Scottish Parliament which makes provision equivalent to that made by Part II of that Act of 2000.
1B
Subsection (1) applies where the authorising officer is a F423National Crime Agency officerF517giving an authorisation on an application made by virtue of subsection (3)(b)(i), F136an officer of Revenue and CustomsF415, an immigration officerF430or the chair of the Competition and Markets Authority with the omission of—
a
the words “in the relevant area”, in each place where they occur; and
b
paragraph (ab).
2
This subsection applies where the authorising officer believes—
a
that it is necessary for the action specified to be taken F3for the purpose of preventing or detectingF579—
i
serious crime, or
ii
the use of an unmanned aircraft in the commission of a relevant offence, and
F4b
that the taking of the action is proportionate to what the action seeks to achieve.
F52A
Subsection (2) applies where the authorising officer is the Chief Constable or the Deputy Chief Constable of the F6Police Service of Northern Ireland as if the reference in subsection (2)(a) to preventing or detecting serious crime included a reference to the interests of national security.
F442AA
Where the authorising officer is the F431chair of the Competition and Markets Authority, the only purpose falling within subsection (2)(a) is the purpose of preventing or detecting an offence under section 188 of the Enterprise Act 2002.
F5802AB
Where the authorising officer is the Chief Constable of the Civil Nuclear Constabulary, the only purpose falling within subsection (2)(a) is the purpose of preventing or detecting the use of an unmanned aircraft in the commission of a relevant offence.
F5812AC
In the case of an England and Wales prison authorisation, the only purpose falling within subsection (2)(a) is the purpose of preventing or detecting the use of an unmanned aircraft in the commission of a relevant offence.
F5822AD
In the case of a Northern Ireland prison authorisation, the only purpose falling within subsection (2)(a) is the purpose of preventing or detecting the use of an unmanned aircraft in the commission of a relevant offence.
F5832AE
In the case of a Scottish penal institution authorisation, the only purpose falling within subsection (2)(a) is the purpose of preventing or detecting the use of an unmanned aircraft in the commission of a relevant offence.
2B
The matters to be taken into account in considering whether the requirements of subsection (2) are satisfied in the case of any authorisation shall include whether what it is thought necessary to achieve by the authorised action could reasonably be achieved by other means.
3
An authorising officer shall not give an authorisation under this section except on an application made—
F184za
if the authorising officer is within subsection (5)(a) to (c)—
i
by a member of the officer's police force; F518...
ii
iii
in a case where the chief officer of police of the authorising force has made an agreement under that section with the Director General of the National Crime Agency, by a National Crime Agency officer (but see subsection (3AA));
F378zb
if the authorising officer is within subsection (5)(d), by a constable of the Police Service of Scotland;
a
F8aa
if the authorising officer is within subsection (5)(eb) to (ed), by a member, as the case may be, of the F93Royal Navy Police, the Royal Military Police or the Royal Air Force Police;
F620aaa
if the authorising officer is within subsection (5)(eda), by a member of the tri-service serious crime unit;
F632aab
if the authorising officer is within subsection (5)(edb), by the investigating officer designated to take charge of the investigation under regulation 36(2)(a) of the Service Police (Complaints etc.) Regulations 2023 or a person designated under paragraph (2)(b) of that regulation to assist the person designated under sub-paragraph (a);
F584ab
if the authorising officer is within subsection (5)(ef), by a member of the Civil Nuclear Constabulary;
F65b
if the authorising officer is within F521subsection (5)(f)—
ii
in a case where the Director General of the National Crime Agency has made an agreement under section 22A of the Police Act 1996 with the chief officer of police of one or more police forces, by a member of a collaborative force;
d
F416da
if the authorising officer is within subsection (5)(ha), by an immigration officer;
F585db
in the case of an England and Wales prison authorisation, by—
i
a prison officer,
ii
an officer of a young offender institution,
iii
an officer of a secure training centre, or
iv
an officer of a secure college,
whose duties as such an officer are exercisable in relation to the relevant England and Wales institution (and, where that institution is a contracted out institution, such an officer who is temporarily attached to that institution is to be taken to have duties exercisable in relation to it);
F586dc
in the case of a Northern Ireland prison authorisation, by—
i
a prison officer, or
ii
a member of custodial staff for a juvenile justice centre,
whose duties as such an officer or member of staff are exercisable in relation to the relevant Northern Ireland institution;
F587dd
in the case of a Scottish penal institution authorisation, by a Scottish prison officer whose duties as such an officer are exercisable in relation to the relevant Scottish penal institution (and, where that institution is a contracted out Scottish penal institution, a Scottish prison officer who is temporarily attached to that institution is to be taken to have duties exercisable in relation to it);
e
if the authorising officer is within subsection (5)(i), by an officer of the F432Competition and Markets Authority.
F379ea
if the authorising officer is within subsection (5)(ia), by a staff officer of the Police Investigations and Review Commissioner.
F381f
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F1833A
For the purposes of subsection (3)(za)(ii)—
a
a police force is a collaborative force if—
i
its chief officer of police is a party to the agreement mentioned in that provision; and
ii
its members are permitted by the terms of the agreement to make applications for authorisations under this section to the authorising officer of the authorising force; and
b
a reference to a police force is to the following—
i
any police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London);
ii
the metropolitan police force; and
iii
the City of London police force.
F5233AA
A National Crime Agency officer may make an application by virtue of subsection (3)(za)(iii) only if permitted by the terms of the agreement mentioned in that provision to make applications for authorisations under this section to the authorising officer of the authorising force.
3AB
For the purposes of subsection (3)(b), a police force is a collaborative force if—
a
its chief officer of police is a party to the agreement mentioned in that provision, and
b
its members are permitted by the terms of the agreement to make applications for authorisations under this section to the authorising officer mentioned in that provision.
Paragraph (b) of subsection (3A) applies for the purposes of this subsection.
F3773ZA
An authorisation under this section may be given by the authorising officer within subsection (5)(ia) only where it relates to the taking of action in pursuance of paragraph (b)(i) of section 33A of the Police, Public Order and Criminal Justice (Scotland) Act 2006.
F6333ZB
An authorisation under this section may be given by the authorising officer within subsection (5)(edb) only where it relates to the carrying out of the functions of the Service Police Complaints Commissioner.
F3873B
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F3873C
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F3873D
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F3873E
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4
For the purposes of subsection (2), conduct which constitutes one or more offences shall be regarded as serious crime if, and only if,—
a
it involves the use of violence, results in substantial financial gain or is conduct by a large number of persons in pursuit of a common purpose, or
b
the offence or one of the offences is an offence for which a person who has attained the age of twenty-one and has no previous convictions could reasonably be expected to be sentenced to imprisonment for a term of three years or more,
and, where the authorising officer is within subsection (5)(h), F420the conduct relates to an assigned matter within the meaning of section 1(1) of the M1Customs and Excise Management Act 1979 F421or, where the authorising officer is within subsection (5)(ha), any of the offences is an immigration or nationality offence.
F5784A
For the purposes of subsection (2), “relevant offence” means—
a
an offence under any of these provisions of the Prison Act 1952—
i
section 39 (assisting a prisoner to escape);
ii
section 40B (conveyance etc of List A articles into or out of prison);
iii
section 40C (conveyance etc of List B or C articles into or out of prison);
iv
section 40CB (throwing articles into prison);
b
an offence under any of these provisions of the Prison Act (Northern Ireland) 1953—
i
section 29(1) (assisting escape from lawful custody);
ii
section 33 (facilitating escape by conveying things into prison);
iii
section 34A (conveyance etc of List A articles into or out of prison);
iv
section 34B (conveyance etc of List B or C articles into or out of prison);
c
an offence at common law in Scotland committed by assisting a prisoner in a penal institution in Scotland in escaping or attempting to escape from the institution;
d
an offence at common law in Scotland committed by, intending to facilitate the escape of a prisoner from a penal institution in Scotland, doing any of the following things—
i
bringing, throwing or otherwise conveying anything into the institution;
ii
causing another person to bring, throw or otherwise convey anything into the institution;
iii
giving anything to a prisoner or leaving anything in any place (whether inside or outside the institution);
e
an offence under either of these provisions of the Prisons (Scotland) Act 1989—
i
section 41 (unlawful introduction of proscribed articles into a prison);
ii
section 41ZA (provision to and use by prisoners of personal communication devices);
f
an offence under section 1(2) of the Aviation and Maritime Security Act 1990 (endangering safety at aerodromes);
g
an offence under any of these provisions of the Air Navigation Order 2016—
i
article 94A (certain unmanned aircraft: permission for flights over or near aerodromes);
ii
article 239(4) (prohibited or restricted flying);
iii
article 240 (endangering safety of an aircraft);
iv
article 241 (endangering safety of any person or property);
v
article 265A(2) (various requirements under the Unmanned Aircraft Implementing Regulation relating to UAS operators);
vi
article 265B(2) (various requirements under the Unmanned Aircraft Implementing Regulation relating to remote pilots);
h
an offence under article 265B(3) of the Air Navigation Order 2016 committed by the contravention of a relevant requirement set out or referred to in any of the following provisions of that Order—
i
article 265B(5)(a), (h), (i) or (j);
ii
article 265B(6);
iii
article 265B(7)(e), but only insofar as that requirement (to comply with authorised limitations and conditions) regulates the operation of an unmanned aircraft during flight;
iv
article 265B(7)(f), (g) or (i);
v
article 265B(8), but only insofar as that requirement (conditions under which operations in the framework of the model aircraft clubs or associations may be conducted) regulates the operation of an unmanned aircraft during flight.
4B
The Secretary of State may by regulations made by statutory instrument amend subsection (4A) to add or remove an offence.
4C
The Secretary of State may not make regulations under subsection (4B) unless a draft of the statutory instrument containing the regulations has been laid before Parliament and approved by a resolution of each House of Parliament.
5
In this section “authorising officer” means—
a
the chief constable of a police force maintained under section 2 of the M2Police Act 1996 (maintenance of police forces for areas in England and Wales except London);
b
the Commissioner, or an Assistant Commissioner, of Police of the Metropolis;
c
the Commissioner of Police for the City of London;
F386d
the chief constable of the Police Service of Scotland, or any deputy chief constable or assistant chief constable of the Police Service of Scotland who is designated for the purposes of this paragraph by the chief constable;
e
the Chief Constable or a Deputy Chief Constable of the F6Police Service of Northern Ireland;
F9ea
the Chief Constable of the Ministry of Defence Police;
eb
the Provost Marshal of the F94Royal Navy Police;
ec
the Provost Marshal of the Royal Military Police;
ed
the Provost Marshal of the Royal Air Force Police;
F621eda
the Provost Marshal for serious crime;
F634edb
the Service Police Complaints Commissioner;
ee
the Chief Constable of the F52British Transport Police;
F588ef
the Chief Constable of the Civil Nuclear Constabulary;
F425f
the Director General of the National Crime Agency, or any other National Crime Agency officer who is designated for the purposes of this paragraph by that Director General;
F138h
an officer of Revenue and Customs who is a senior official within the meaning of the Regulation of Investigatory Powers Act 2000 and who is designated for the purposes of this paragraph by the Commissioners for Her Majesty's Revenue and Customs;F419...
F417ha
an immigration officer who is a senior official within the meaning of the Regulation of Investigatory Powers Act 2000 and who is designated for the purposes of this paragraph by the Secretary of State;
F589hb
a member of senior management for prisons in England and Wales—
i
whose duties as a member of senior management for prisons in England and Wales are exercisable in relation to the relevant England and Wales institution, and
ii
who is designated for the purposes of this paragraph by the Secretary of State;
F590hc
a member of senior management for prisons in Northern Ireland whose duties as a member of senior management for prisons in Northern Ireland are exercisable in relation to the relevant Northern Ireland institution;
F591hd
a member of senior management for penal institutions in Scotland—
i
whose duties as a member of senior management for penal institutions in Scotland are exercisable in relation to the relevant Scottish penal institution, and
ii
who is designated for the purposes of this paragraph by the Scottish Ministers;
F380ia
the Police Investigations and Review Commissioner.
F382j
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
In this section “relevant area”—
a
in relation to a person within paragraph (a), (b) or (c) of subsection (5) F187to whom an application is made by virtue of subsection (3)(za)(i), means the area in England and Wales for which his police force is maintained;
F185aa
in relation to a person within any of those paragraphs to whom an application is made by virtue of subsection (3)(za)(ii), means the area in England and Wales—
i
for which any collaborative force (within the meaning of subsection (3A)) is maintained; and
ii
which is specified in relation to members of that force in the agreement mentioned in subsection (3)(za)(ii);
F524ab
in relation to a person within any of those paragraphs to whom an application is made by virtue of subsection (3)(za)(iii), means the area in England and Wales for which—
i
the person's police force is maintained, or
ii
any other police force whose chief officer of police is a party to the agreement mentioned in subsection (3)(za)(iii) is maintained,
and which is specified in relation to NCA officers in the agreement mentioned in that provision;
b
in relation to a person within paragraph (d) F385or (ia) of subsection (5), means Scotland;
c
in relation to a person within paragraph (e) of that subsection, means Northern Ireland;
F10ca
in relation to a person within paragraph (ea), means any place where, under section 2 of the M3Ministry of Defence Police Act 1987, the members of the Ministry of Defence Police have the powers and privileges of a constable;
cb
in relation to a person within paragraph (ee), means the United Kingdom;
F592cbza
in relation to a person within subsection (5)(ef), means any place where, under section 56 of the Energy Act 2004, the members of the Civil Nuclear Constabulary have the powers and privileges of a constable;
F525cba
in relation to a person within subsection (5)(f) to whom an application is made by virtue of subsection (3)(b)(ii), means the area in England and Wales—
i
for which any collaborative force (within the meaning of subsection (3AB)) is maintained, and
ii
which is specified in relation to members of that force in the agreement mentioned in subsection (3)(b)(ii);
F593cbb
in relation to an England and Wales prison authorisation, means the area of—
i
a prison in England or Wales,
ii
a young offender institution in England or Wales,
iii
a secure training centre in England or Wales, or
iv
a secure college in England or Wales,
together with such area or areas adjoining the boundary of that prison, institution, centre or college as the authorising officer considers it necessary and proportionate for the authorisation to relate to;
F594cbc
in relation to a Northern Ireland prison authorisation, means the area of—
i
a prison in Northern Ireland,
ii
a young offenders centre in Northern Ireland,
iii
a remand centre in Northern Ireland, or
iv
a juvenile justice centre in Northern Ireland,
together with such area or areas adjoining the boundary of that prison or centre as the authorising officer considers it necessary and proportionate for the authorisation to relate to;
F595cbd
in relation to a Scottish penal institution authorisation, means the area of a penal institution in Scotland together with such area or areas adjoining the boundary of that institution as the authorising officer considers it necessary or proportionate for the authorisation to relate to;
F383cc
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F66d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F67e
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11f
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and in each case includes the adjacent United Kingdom waters.
F126A
For the purposes of any authorisation by a person within paragraph (eb), (ec) , (ed) F635, (eda) or (edb) of subsection (5) property is in the relevant area or action in respect of wireless telegraphy is taken in the relevant area if, as the case may be—
a
the property is owned, occupied, in the possession of or being used by a person F180who is subject to service law or is a civilian subject to service discipline; or
b
the action is taken in relation to the use of wireless telegraphy by such a person.
F1816B
In subsection (6A) “subject to service law” and “civilian subject to service discipline” have the same meanings as in the Armed Forces Act 2006.
F4146C
For the purposes of this section, an offence is an immigration or nationality offence if conduct constituting the offence—
a
relates to the entitlement of one or more persons who are not nationals of the United Kingdom to enter, transit across, or be in, the United Kingdom (including conduct which relates to conditions or other controls on any such entitlement), or
b
is undertaken for the purposes of, or otherwise in relation to, any of these enactments—
i
the British Nationality Act 1981;
ii
the Hong Kong Act 1985;
iii
the Hong Kong (War Wives and Widows) Act 1996;
iv
the British Nationality (Hong Kong) Act 1997;
v
the British Overseas Territories Act 2002;
vi
an instrument made under any of those Acts.
7
The powers conferred by, or by virtue of, this section are additional to any other powers which a person has as a constable either at common law or under or by virtue of any other enactment and are not to be taken to affect any of those other powers.
F5968
In this section—
“England and Wales prison authorisation” means an authorisation where the authorising officer is within subsection (5)(hb);
“contracted out institution” means—
- a
a prison or young offender institution that is a contracted out prison within the meaning of Part 4 of the Criminal Justice Act 1991 (see section 84(4) of that Act and the definition of “prison” in section 92(1) of that Act),
- b
a contracted out secure training centre within the meaning of sections 7 to 14 of the Criminal Justice and Public Order Act 1994 (see section 15 of that Act), or
- c
a contracted-out secure college within the meaning of Schedule 10 to the Criminal Justice and Courts Act 2015 (see paragraph 1 of that Schedule);
- a
“contracted out Scottish penal institution” means a penal institution for the running of which a contract under section 106 of the Criminal Justice and Public Order Act 1994 is for the time being in force;
“member of custodial staff for a juvenile justice centre” means a person who is authorised by the managers of a juvenile justice centre to take charge of a person detained by them;
“member of senior management for penal institutions in Scotland” means a person—
- a
who is a member of staff of the Scottish Administration of a seniority designated for the purposes of this section by the Scottish Ministers, and
- b
whose duties are exercisable in relation to penal institutions in Scotland generally, or any type of such institutions;
- a
“member of senior management for prisons in England and Wales” means a person—
- a
who is a senior official within the meaning of the Regulation of Investigatory Powers Act 2000, and
- b
whose duties as a senior official are exercisable in relation to prisons, young offender institutions, secure training centres or secure colleges in England and Wales;
- a
“member of senior management for prisons in Northern Ireland” means a person—
- a
who is a senior official within the meaning of the Regulation of Investigatory Powers Act 2000, and
- b
whose duties as a senior official are exercisable in relation to prisons, young offenders centres, remand centres or juvenile justice centres in Northern Ireland;
- a
“Northern Ireland prison authorisation” means an authorisation where the authorising officer is within subsection (5)(hc);
“Northern Ireland prison officer” means a person appointed under section 2(2) of the Prison Act (Northern Ireland) 1953 (including any person whose duties are exercisable in relation to a young offenders centre or remand centre in Northern Ireland);
“penal institution” has the meaning given by section 108 of the Criminal Justice (Scotland) Act 2016;
“prison”, in relation to Northern Ireland, has the meaning given in section 47(1A) of the Prison Act (Northern Ireland) 1953;
“prisoner”, in relation to a penal institution, means a person who is detained or imprisoned in such an institution;
“relevant England and Wales institution”, in relation to an England and Wales prison authorisation, means the prison, young offender institution, secure training centre or secure college in England and Wales to which the authorisation relates;
“relevant Northern Ireland institution”, in relation to a Northern Ireland prison authorisation, means the prison, young offenders centre, remand centre or juvenile justice centre in Northern Ireland to which the authorisation relates;
“relevant Scottish penal institution”, in relation to a Scottish penal institution authorisation, means the penal institution in Scotland to which the authorisation relates;
“Scottish penal institution authorisation” means an authorisation where the authorising officer is within subsection (5)(hd);
“Scottish prison officer” means a person who holds a post, otherwise than as a medical officer, to which the person has been appointed for the purposes of section 3(1A) of the Prisons (Scotland) Act 1989;
“unmanned aircraft” means any aircraft operating or designed to operate autonomously or to be piloted remotely without a pilot on board.
C3C994 Authorisations given in absence of authorising officer.
1
Subsection (2) applies where it is not reasonably practicable for an authorising officer to consider an application for an authorisation under section 93 and—
a
b
F598ba
in the case of an England and Wales prison authorisation, it is also not reasonably practicable for the application to be considered by the authorising officer's designated deputy;
F599bb
in the case of a Northern Ireland prison authorisation, it is also not reasonably practicable for the application to be considered by the authorising officer's designated deputy; or
F600bc
in the case of a Scottish penal institution authorisation, it is also not reasonably practicable for the application to be considered by the authorising officer's designated deputy.
F70c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
Where this subsection applies, the powers conferred on the authorising officer by section 93 may, in an urgent case, be exercised—
a
where the authorising officer is within paragraph (a) F372or (d) of subsection (5) of that section, by a person holding the rank of assistant chief constable in his force;
b
where the authorising officer is within paragraph (b) of that subsection, by a person holding the rank of commander in the metropolitan police force;
c
where the authorising officer is within paragraph (c) of that subsection, by a person holding the rank of commander in the City of London police force;
d
where the authorising officer is within paragraph (e) of that subsection, by a person holding the rank of assistant chief constable in the F14Police Service of Northern Ireland;
F15da
where the authorising officer is within paragraph (ea) of that subsection, by a person holding the rank of deputy or assistant chief constable in the Ministry of Defence Police;
db
where the authorising officer is within paragraph (eb) of that subsection, by a person holding the position of assistant Provost Marshal in the F95Royal Navy Police;
dc
where the authorising officer is within paragraph (ec) or (ed) of that subsection, by a person holding the position of deputy Provost Marshal in the Royal Military Police or, as the case may be, in the Royal Air Force Police;
F622dca
where the authorising officer is within paragraph (eda) of that subsection, by a person holding the position of deputy Provost Marshal in the tri-service serious crime unit;
F636dcb
where the authorising officer is within paragraph (edb) of that subsection, by a person designated by the Service Police Complaints Commissioner for the purposes of this section;
dd
where the authorising officer is within paragraph (ee) of that subsection, by a person holding the rank of deputy or assistant chief constable in the F53British Transport Police;
F601de
where the authorising officer is within paragraph (ef) of that subsection, by a person holding the rank of deputy or assistant chief constable in the Civil Nuclear Constabulary;
F69e
where the authorising officer is within paragraph (f) of that subsection, by a person designated for the purposes of this section by the F426Director General of the National Crime Agency;
f
where the authorising officer is within paragraph (h) of that subsection, F140by an officer of Revenue and Customs who is a senior official within the meaning of the Regulation of Investigatory Powers Act 2000 and who is designated by the Commissioners for Her Majesty's Revenue and Customs for the purposes of this section.
F422fa
where the authorising officer is within paragraph (ha) of that subsection, by a senior official (within the meaning of the Regulation of Investigatory Powers Act 2000) in the department of the Secretary of State by whom functions relating to immigration are exercisable who is designated by the Secretary of State for the purposes of this section;
F602fb
in the case of an England and Wales prison authorisation, by a person—
i
who is a member of the civil service (within the meaning of Chapter 1 of Part 1 of the Constitutional Reform and Governance Act 2010 — see section 1(4) of that Act),
ii
whose duties are exercisable in relation to the relevant England and Wales institution, and
iii
who is designated for the purposes of this paragraph by the Secretary of State;
F603fc
in the case of a Northern Ireland prison authorisation, by a person—
i
who is a member of the Northern Ireland Civil Service,
ii
whose duties are exercisable in relation to the relevant Northern Ireland institution, and
iii
who is designated for the purposes of this paragraph by the Department of Justice in Northern Ireland;
F604fd
in the case of a Scottish penal institution authorisation, by a person—
i
who is a member of staff of the Scottish Administration,
ii
whose duties are exercisable in relation to the relevant Scottish penal institution, and
iii
who is designated for the purposes of this paragraph by the Scottish Ministers;
F46g
where the authorising officer is within paragraph (i) of that subsection, by an officer of the F434Competition and Markets Authority designated by it for the purposes of this section.
F368ga
where the authorising officer is within paragraph (ia) of that subsection, by a staff officer of the Police Investigations and Review Commissioner who is designated by the Commissioner for the purposes of this section.
F369h
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F713
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
In subsection (1), “designated deputy”—
F89a
in the case of an authorising officer within paragraph (a) of section 93(5), means—
i
the person who is the appropriate deputy chief constable for the purposes of section 12A(1) of the Police Act 1996, or
ii
the person holding the rank of assistant chief constable designated to act under section 12A(2) of that Act;
F370aa
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
F605ba
in the case of an England and Wales prison authorisation, a member of senior management for prisons in England and Wales who is designated for the purposes of this paragraph by the Secretary of State;
F606bb
in the case of a Northern Ireland prison authorisation, a member of senior management for prisons in Northern Ireland who is designated for the purposes of this paragraph by the Department of Justice in Northern Ireland;
F607bc
in the case of a Scottish penal institution authorisation, a member of senior management for penal institutions in Scotland who is designated for the purpose of this paragraph by the Scottish Ministers.
F72c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6084A
In this section “England and Wales prison authorisation”, “member of senior management for prisons in England and Wales” and “relevant England and Wales institution” have the same meanings as in section 93.
F6094B
In this section “member of senior management for prisons in Northern Ireland”, “Northern Ireland prison authorisation” and “relevant Northern Ireland institution” have the same meanings as in section 93.
F6104C
In this section, “member of senior management for penal institutions in Scotland”, “Scottish penal institution authorisation” and “relevant Scottish penal institution” have the same meanings as in section 93.
F3715
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3716
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3717
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
95 Authorisations: form and duration etc.
1
An authorisation shall be in writing, except that in an urgent case an authorisation (other than one given by virtue of section 94) may be given orally.
2
An authorisation shall, unless renewed under subsection (3), cease to have effect—
a
if given orally or by virtue of section 94, at the end of the period of 72 hours beginning with the time when it took effect;
b
in any other case, at the end of the period of three months beginning with the day on which it took effect.
3
If at any time before an authorisation would cease to have effect the authorising officer who gave the authorisation, or in whose absence it was given, considers it necessary for the authorisation to continue to have effect for the purpose for which it was issued, he may, in writing, renew it for a period of three months beginning with the day on which it would cease to have effect.
4
A person shall cancel an authorisation given by him if satisfied that F18the authorisation is one in relation to which the requirements of paragraphs (a) and (b) of section 93(2) are no longer satisfied.
5
An authorising officer shall cancel an authorisation given in his absence if satisfied that F18the authorisation is one in relation to which the requirements of paragraphs (a) and (b) of section 93(2) are no longer satisfied.
6
7
I2C3696 Notification of authorisations etc.
1
2
Subject to subsection (3), a notice under this section shall specify such matters as the Secretary of State may by order prescribe.
3
A notice under this section of the giving or renewal of an authorisation shall specify—
a
whether section 97 applies to the authorisation or renewal, and
b
where that section does not apply by virtue of subsection (3) of that section, the grounds on which the case is believed to be one of urgency.
4
Where a notice is given to F529a Judicial Commissioner under this section, he shall, as soon as is reasonably practicable, scrutinise the notice.
5
An order under subsection (2) shall be made by statutory instrument.
6
A statutory instrument which contains an order under subsection (2) shall not be made unless a draft has been laid before, and approved by a resolution of, each House of Parliament.
Authorisations requiring approval
C3797 Authorisations requiring approval.
1
An authorisation to which this section applies shall not take effect until—
a
it has been approved in accordance with this section by F531a Judicial Commissioner, and
b
the person who gave the authorisation has been notified under subsection (4).
2
Subject to subsection (3), this section applies to an authorisation if, at the time it is given, the person who gives it believes—
a
that any of the property specified in the authorisation—
i
is used wholly or mainly as a dwelling or as a bedroom in a hotel, or
ii
constitutes office premises, or
b
that the action authorised by it is likely to result in any person acquiring knowledge of—
i
matters subject to legal privilege,
ii
confidential personal information, or
iii
confidential journalistic material.
3
This section does not apply to an authorisation where the person who gives it believes that the case is one of urgency.
4
Where F532a Judicial Commissioner receives a notice under section 96 which specifies that this section applies to the authorisation, he shall as soon as is reasonably practicable—
a
decide whether to approve the authorisation or refuse approval, and
b
give written notice of his decision to the person who gave the authorisation.
5
F533A Judicial Commissioner shall approve an authorisation if, and only if, he is satisfied that there are reasonable grounds for believing the matters specified in section 93(2).
6
F216A
The reference in subsection (6) to the authorising officer who gave the authorisation or in whose absence it was given shall be construed, in the case of an authorisation given by or in the absence of a person within paragraph (b) F75or (e) of section 93(5), as a reference to the Commissioner of Police F76or, as the case may be, Chief Constable mentioned in the paragraph concerned.
F776B
The reference in subsection (6) to the authorising officer who gave the authorisation or in whose absence it was given shall be construed—
a
in the case of an authorisation given by a person within paragraph (f) of section 93(5), as a reference to that person, and
b
in the case of an authorisation given in the absence of such a person, as a reference to a F427National Crime Agency officer who is designated for the purposes of this section by the Director General of that Agency.
7
This section shall apply in relation to a renewal of an authorisation as it applies in relation to an authorisation (the references in subsection (2)(a) and (b) to the authorisation being construed as references to the authorisation renewed).
8
In this section—
“office premises” has the meaning given in section 1(2) of the M5Offices, Shops and Railway Premises Act 1963;
“hotel” means premises used for the reception of guests who desire to sleep in the premises.
98 Matters subject to legal privilege.
1
Subject to subsection (5) below, in section 97 “matters subject to legal privilege” means matters to which subsection (2), (3) or (4) below applies.
2
This subsection applies to communications between a professional legal adviser and—
a
his client, or
b
any person representing his client,
which are made in connection with the giving of legal advice to the client.
3
This subsection applies to communications—
a
between a professional legal adviser and his client or any person representing his client, or
b
between a professional legal adviser or his client or any such representative and any other person,
which are made in connection with or in contemplation of legal proceedings and for the purposes of such proceedings.
4
This subsection applies to items enclosed with or referred to in communications of the kind mentioned in subsection (2) or (3) and made—
a
in connection with the giving of legal advice, or
b
in connection with or in contemplation of legal proceedings and for the purposes of such proceedings.
5
For the purposes of section 97—
a
communications and items are not matters subject to legal privilege when they are in the possession of a person who is not entitled to possession of them, and
b
communications and items held, or oral communications made, with the intention of furthering a criminal purpose are not matters subject to legal privilege.
99 Confidential personal information.
1
In section 97 “confidential personal information” means—
a
personal information which a person has acquired or created in the course of any trade, business, profession or other occupation or for the purposes of any paid or unpaid office, and which he holds in confidence, and
b
communications as a result of which personal information—
i
is acquired or created as mentioned in paragraph (a), and
ii
is held in confidence.
2
For the purposes of this section “personal information” means information concerning an individual (whether living or dead) who can be identified from it and relating—
a
to his physical or mental health, or
b
to spiritual counselling or assistance given or to be given to him.
3
A person holds information in confidence for the purposes of this section if he holds it subject—
a
to an express or implied undertaking to hold it in confidence, or
b
to a restriction on disclosure or an obligation of secrecy contained in any enactment (including an enactment contained in an Act passed after this Act).
100 Confidential journalistic material.
1
In section 97 “confidential journalistic material” means—
a
material acquired or created for the purposes of journalism which—
i
is in the possession of persons who acquired or created it for those purposes,
ii
is held subject to an undertaking, restriction or obligation of the kind mentioned in section 99(3), and
iii
has been continuously held (by one or more persons) subject to such an undertaking, restriction or obligation since it was first acquired or created for the purposes of journalism, and
b
communications as a result of which information is acquired for the purposes of journalism and held as mentioned in paragraph (a)(ii).
2
For the purposes of subsection (1), a person who receives material, or acquires information, from someone who intends that the recipient shall use it for the purposes of journalism is to be taken to have acquired it for those purposes.
Code of Practice
F22101. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Complaints etc.
F23102. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
103 Quashing of authorisations etc.
C381
Where, at any time, F547a Judicial Commissioner is satisfied that, at the time an authorisation was given or renewed, there were no reasonable grounds for believing the matters specified in section 93(2), he may quash the authorisation or, as the case may be, renewal.
C382
Where, in the case of an authorisation or renewal to which section 97 does not apply, F548a Judicial Commissioner is at any time satisfied that, at the time the authorisation was given or, as the case may be, renewed,—
a
there were reasonable grounds for believing any of the matters specified in subsection (2) of section 97, and
b
there were no reasonable grounds for believing the case to be one of urgency for the purposes of subsection (3) of that section,
he may quash the authorisation or, as the case may be, renewal.
3
Where F551a Judicial Commissioner quashes an authorisation or renewal under subsection (1) or (2), he may order the destruction of any records relating to information obtained by virtue of the authorisation (or, in the case of a renewal, relating wholly or partly to information so obtained after the renewal) other than records required for pending criminal or civil proceedings.
C394
If F549a Judicial Commissioner is satisfied that, at any time after an authorisation was given or, in the case of an authorisation renewed under section 95, after it was renewed, there were no reasonable grounds for believing the matters specified in section 93(2), he may cancel the authorisation.
5
Where—
a
an authorisation has ceased to have effect (otherwise than by virtue of subsection (1) or (2)), and
b
F550a Judicial Commissioner is satisfied that, at any time during the period of the authorisation, there were no reasonable grounds for believing the matters specified in section 93(2),
he may order the destruction of any records relating, wholly or partly, to information which was obtained by virtue of the authorisation after that time (other than records required for pending criminal or civil proceedings).
C416
Where F552a Judicial Commissioner exercises his powers under subsection (1), (2) or (4), he shall, if he is satisfied that there are reasonable grounds for doing so, order that the authorisation shall be effective, for such period as he shall specify, so far as it authorises the taking of action to retrieve anything left on property in accordance with the authorisation.
7
Where F544a Judicial Commissioner (other than the Investigatory Powers Commissioner) exercises a power conferred by this section, he shall, as soon as is reasonably practicable, make a report of his findings—
a
to the authorising officer who gave the authorisation or in whose absence it was given, and
b
to the F545Investigatory Powers Commissioner;
F24and subsection (6A) of section 97 shall apply for the purposes of this subsection as it applies for the purposes of subsection (6) of that section.
8
Where—
a
a decision is made under subsection (1) or (2) and an order for the destruction of records is made under subsection (3), or
b
a decision to order the destruction of records is made under subsection (5),
9
F553A Judicial Commissioner may exercise any of the powers conferred by this section notwithstanding any approval given under section 97.
Appeals
C40104 Appeals by authorising officers.
1
An authorising officer who gives an authorisation, or in whose absence it is given, may, within the prescribed period, appeal to the F535Investigatory Powers Commissioner (except where the original decision was made by that Commissioner) against—
a
any refusal to approve the authorisation or any renewal of it under section 97;
b
any decision to quash the authorisation, or any renewal of it, under subsection (1) of section 103;
c
any decision to quash the authorisation, or any renewal of it, under subsection (2) of that section;
d
any decision to cancel the authorisation under subsection (4) of that section;
e
any decision to order the destruction of records under subsection (5) of that section;
f
any refusal to make an order under subsection (6) of that section;
F25g
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
In subsection (1), “the prescribed period” means the period of seven days beginning with the day on which the refusal, decision or, as the case may be, determination appealed against is reported to the authorising officer.
3
In determining an appeal within subsection (1)(a), the F537Investigatory Powers Commissioner shall, if he is satisfied that there are reasonable grounds for believing the matters specified in section 93(2), allow the appeal and direct F534the Judicial Commissioner concerned to approve the authorisation or renewal under that section.
4
In determining—
a
an appeal within subsection (1)(b), F26. . .
b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the F537Investigatory Powers Commissioner shall allow the appeal unless he is satisfied that, at the time the authorisation was given or, as the case may be, renewed there were no reasonable grounds for believing the matters specified in section 93(2).
5
In determining—
a
an appeal within subsection (1)(c), F26. . .
b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the F537Investigatory Powers Commissioner shall allow the appeal unless he is satisfied as mentioned in section 103(2).
6
In determining—
a
an appeal within subsection (1)(d) or (e), F26. . .
b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the F537Investigatory Powers Commissioner shall allow the appeal unless he is satisfied that at the time to which the decision relates there were no reasonable grounds for believing the matters specified in section 93(2).
7
In determining an appeal within subsection (1)(f), the F537Investigatory Powers Commissioner shall allow the appeal and order that the authorisation shall be effective to the extent mentioned in section 103(6), for such period as he shall specify, if he is satisfied that there are reasonable grounds for making such an order.
8
Where an appeal is allowed under this section, the F537Investigatory Powers Commissioner shall—
a
b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
105 Appeals by authorising officers: supplementary.
1
Where the F538Investigatory Powers Commissioner determines an appeal under section 104—
a
he shall give notice of his determination—
i
to the authorising officer concerned, F28and
ii
iii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
Subject to subsection (1)(b), the F538Investigatory Powers Commissioner shall not give any reasons for a determination under section 104.
3
Nothing in section 104 shall prevent a designated deputy from exercising the powers conferred by subsection (1) of that section on an authorising officer within paragraph (a) F375or (c) of section 93(5).
F30106. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
General
F542107 Supplementary provisions relating to Commissioners.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
108 Interpretation of Part III.
C221
In this Part—
F31“Assistant Commissioner of Police of the Metropolis” includes the Deputy Commissioner of Police of the Metropolis;
“authorisation” means an authorisation under section 93;
“authorising officer” has the meaning given by section 93(5);
“criminal proceedings” includes F182proceedings (whether or not before a court) in respect of a service offence within the meaning of the Armed Forces Act 2006;
F141...
“designated deputy” has the meaning given in section 94(4);
F543“the Investigatory Powers Commissioner” and “Judicial Commissioner” have the same meanings as in the Investigatory Powers Act 2016 (see section 263(1) of that Act);
F623“tri-service serious crime unit” means the unit described in section 375(1A) of the Armed Forces Act 2006;
“United Kingdom waters” has the meaning given in section 30(5) of the M6Police Act 1996; and
“wireless telegraphy” has the same meaning as in F91the Wireless Telegraphy Act 2006 and, in relation to wireless telegraphy, “interfere” has the same meaning as in that Act.
F5151A
A reference in this Part to a staff officer of the Police Investigations and Review Commissioner is to any person who—
a
is a member of the Commissioner's staff appointed under paragraph 7A of schedule 4 to the Police, Public Order and Criminal Justice (Scotland) Act 2006, or
b
is a member of the Commissioner's staff appointed under paragraph 7 of that schedule to whom paragraph 7B(2) of that schedule applies.
2
Where, under this Part, notice of any matter is required to be given in writing, the notice may be transmitted by electronic means.
3
For the purposes of this Part, an authorisation (or renewal) given—
a
by the designated deputy of an authorising officer, or
b
by a person on whom an authorising officer’s powers are conferred by section 94,
shall be treated as an authorisation (or renewal) given in the absence of the authorising officer concerned; and references to the authorising officer in whose absence an authorisation (or renewal) was given shall be construed accordingly.
Part IV Police Information Technology Organisation
F92109 Police Information Technology Organisation.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F92110 Relationship between the Organisation and the Secretary of State.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F92111 Interpretation of Part IV.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C7C32C11C10C23C24C25 Part V Certificates of Criminal Records, &c.
Pt. 5 power to apply (with modifications) conferred (E.W.) (7.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 163(4), 178(2)
Pt. 5 explained (7.7.2008 for specified purposes, 3.3.2011 for specified purposes, 10.3.2015 in so far as not already in force) by Data Protection Act 1998 (c. 29), s. 56(4) (as amended (19.5.2008) by 2006 c. 47, ss. 63, 65, Sch. 9 para. 15(3) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2008/1320, art. 3; S.I. 2008/1592, art. 2; S.I. 2011/601, art. 2; S.I. 2015/312, art. 2)
Pt. 5 modified (temp.) (S.) (20.1.2009) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Transitory Provisions in Consequence of the Safeguarding Vulnerable Groups Act 2006) Order 2009 (S.S.I. 2009/4), arts. 1(2), 5 (with art. 3)
Pt. 5 modified (temp.) (S.) (20.1.2009) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Transitory Provisions in Consequence of the Safeguarding Vulnerable Groups Act 2006) Order 2009 (S.S.I. 2009/4), arts. 1(2), 4 (with art. 3)
Pt. 5 extended in part (Guernsey) (with modifications) (10.12.2009) by The Police Act 1997 (Criminal Records) (Guernsey) Order 2009 (S.I. 2009/3215), arts. 1(2), 3, Sch. 1, Sch. 3 (with arts. 1(3), 6-8)
Pt. V extended in part (Jersey) (with modifications) (18.3.2010) by The Police Act 1997 (Criminal Records) (Jersey) Order 2010 (S.I. 2010/765), arts. 1(2), 3, Schs. 1, 3 (with arts. 1(3), 6-8)
Pt. V extended in part (Isle of Man) (with modifications) (18.3.2010) by The Police Act 1997 (Criminal Records) (Isle of Man) Order 2010 (S.I. 2010/764), arts. 1(2), 3, Schs. 1, 3 (with arts. 1(3), 6-8)
I3I33I41112 Criminal conviction certificates.
1
F285The Secretary of StateF285DBS shall issue a criminal conviction certificate to any individual who—
a
makes an application F124...,
F242aa
is aged 16 or over at the time of making the application, and
2
A criminal conviction certificate is a certificate which—
a
gives the prescribed details of every conviction F243or conditional caution of the applicant which is recorded in central records, or
3
In this section—
“central records” means such records of convictions F150and conditional cautions held for the use of police forces generally as may be prescribed;
F151“conditional caution” means a caution given under section 22 of the Criminal Justice Act 2003 (c. 44) or section 66A of the Crime and Disorder Act 1998, other than one that is spent for the purposes of Schedule 2 to the Rehabilitation of Offenders Act 1974.
“conviction” means a conviction within the meaning of the M7Rehabilitation of Offenders Act 1974, other than a spent conviction.
4
F87113 Criminal record certificates.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
113AF561F561Criminal record certificates
C261
F287DBS must issue a criminal record certificate to any individual who—
F245aa
is aged 16 or over at the time of making the application, and
b
pays in the prescribed manner any prescribed fee.
2
The application must—
a
be countersigned by a registered person, and
b
be accompanied by a statement by the registered person that the certificate is required for the purposes of an exempted question.
F1572A
But an application for a criminal record certificate need not be countersigned by a registered person if—
a
b
it is transmitted in accordance with requirements determined by F288DBS.
3
A criminal record certificate is a certificate which—
a
gives the prescribed details of every relevant matter relating to the applicant which is recorded in central records, or
b
states that there is no such matter.
F3944
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
F290DBS may treat an application under this section as an application under section 113B if—
a
in F446its opinion the certificate is required for a purpose prescribed under subsection (2) of that section,
b
the registered person provides F291it with the statement required by that subsection, and
c
the applicant consents and pays to F290DBS the amount (if any) by which the fee payable in relation to an application under that section exceeds the fee paid in relation to the application under this section.
6
In this section—
“central records” means such records of convictions and cautions held for the use of police forces generally as may be prescribed;
“exempted question” means a question F152which—
- a
so far as it applies to convictions, is a question in relation to which section 4(2)(a) or (b) of the Rehabilitation of Offenders Act 1974 (effect of rehabilitation) has been excluded by an order of the Secretary of State under section 4(4) of that Act; F153and—
- b
so far as it applies to cautions, is a question to which paragraph 3(3) or (4) of Schedule 2 to that Act has been excluded by an order of the Secretary of State under paragraph 4 of that Schedule;
- a
F388“relevant matter”, in this section as it has effect in England and Wales, means—
- a
F562any of the following convictions—
- i
a conviction of an offence within subsection (6D);
- ii
a conviction in respect of which a custodial sentence or a sentence of service detention was imposed; F637...
- iii
a current conviction; F638or
- iv
a conviction which is not a spent conviction within the meaning of the Rehabilitation of Offenders Act 1974;
- i
- b
F563...
- c
a caution given in respect of an offence within subsection (6D) F564where the person was aged 18 or over on the date it was given;
- d
a current cautionF639;
- e
a caution which is not spent for the purposes of Schedule 2 to the Rehabilitation of Offenders Act 1974.
- a
F3896D
The offences referred to in paragraphs (a)(i) and (c) of the definition of “relevant matter” in subsection (6), as it has effect in England and Wales, are as follows—
a
murder;
b
an offence under section 67(1A) of the Medicines Act 1968 (prescribing, etc. a medicinal product in contravention of certain conditions);
c
an offence under any of sections 126 to 129 of the Mental Health Act 1983;
d
an offence specified in the Schedule to the Disqualification from Caring for Children (England) Regulations 2002;
e
an offence specified in Schedule 15 to the Criminal Justice Act 2003 (specified offences for the purposes of Chapter 5 of Part 12 of that Act (dangerous offenders));
f
an offence under the following provisions of the Mental Capacity Act 2005—
i
section 44 (ill-treatment or neglect);
ii
paragraph 4 of Schedule 1 (applications and procedure for registration);
iii
paragraph 4 of Schedule 4 (duties of attorney in event of incapacity of donor);
g
an offence under section 7, 9 or 19 of the Safeguarding Vulnerable Groups Act 2006 (offences in respect of regulated activity);
h
an offence specified in section 17(3)(a), (b) or (c) of the Health and Social Care Act 2008 (cancellation of registration), apart from an offence under section 76 of that Act (disclosure of confidential personal information);
i
an offence specified in the Schedule to the Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria and Miscellaneous Provisions) Regulations 2009;
j
an offence specified in Schedule 2 or 3 to the Childcare (Disqualification) Regulations 2009;
k
an offence which has been superseded (directly or indirectly) by an offence within paragraphs (a) to (j);
l
an offence of—
i
attempting or conspiring to commit any offence falling within paragraphs (a) to (k), or
ii
inciting or aiding, abetting, counselling or procuring the commission of any such offence,
or an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) committed in relation to any such offence;
m
an offence under the law of Scotland or Northern Ireland or any territory outside the United Kingdom which corresponds to an offence under the law of England and Wales within any of paragraphs (a) to (l);
n
any offence under section 42 of the Armed Forces Act 2006 in relation to which the corresponding offence under the law of England and Wales (within the meaning of that section) is an offence within any of paragraphs (a) to (l);
o
an offence under section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957 of which the corresponding civil offence (within the meaning of that Act) is an offence within any of paragraphs (a) to (l).
6E
For the purposes of the definition of “relevant matter” as it has effect in England and Wales—
a
“conviction” has the same meaning as in the Rehabilitation of Offenders Act 1974, and includes a spent conviction within the meaning of that Act;
b
“caution” includes a caution which is spent for the purposes of Schedule 2 to that Act but excludes a disregarded caution within the meaning of Chapter 4 of Part 5 of the Protection of Freedoms Act 2012;
c
a person’s conviction is a current conviction if—
i
the person was aged 18 or over on the date of the conviction and that date fell within the 11 year period ending with the day on which the certificate is issued, or
ii
the person was aged under 18 on the date of conviction and that date fell within the period of 5 years and 6 months ending with the day on which the certificate is issued;
d
a caution given to a person is a current caution if—
i
the person was aged 18 or over on the date it was given and that date fell within the 6 year period ending with the day on which the certificate is issued, F565...
F565ii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e
“custodial sentence” and “sentence of service detention” have the same meaning as in section 5(8) of the Rehabilitation of Offenders Act 1974.
6F
Section 139(1) and (4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (which amends section 5(8) of the Rehabilitation of Offenders Act 1974) is to be treated for the purposes of subsection (6E)(e) as being in force when subsection (6E)(e) comes into force.
F1737
The Secretary of State may by order amend the definitions of “central records” and “relevant matter” in subsection (6).
8
The power to make an order under subsection (7) is exercisable by statutory instrument, but no such order may be made unless a draft of the instrument containing the order is laid before and approved by resolution of each House of Parliament.
F1589
For the purposes of this Part a person acts as the registered person in relation to an application for a criminal record certificate if the person—
a
countersigns the application, or
b
transmits the application to F289DBS under subsection (2A).
F24610
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I34113AF561Criminal record certificates
1
The Secretary of State must issue a criminal record certificate to any individual who—
a
makes an application F125...,
F447aa
except in prescribed circumstances, is aged 16 or over at the time of making the application, and
b
pays in the prescribed manner any prescribed fee.
2
The application must—
a
be countersigned by a registered person, and
b
be accompanied by a statement by the registered person that the certificate is required for the purposes of an exempted question.
F4572A
But an application for a criminal record certificate need not be countersigned by a registered person if—
a
the application is transmitted to the Department electronically by a registered person who satisfies conditions determined by the Department, and
b
it is transmitted in accordance with requirements determined by the Department.
3
A criminal record certificate is a certificate which—
a
gives the prescribed details of every relevant matter relating to the applicant which is recorded in central records, or
b
states that there is no such matter.
F4614
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
The Secretary of State may treat an application under this section as an application under section 113B if—
a
in his opinion the certificate is required for a purpose prescribed under subsection (2) of that section,
b
the registered person provides him with the statement required by that subsection, and
c
the applicant consents and pays to the Secretary of State the amount (if any) by which the fee payable in relation to an application under that section exceeds the fee paid in relation to the application under this section.
6
In this section—
“central records” means such records of convictions and cautions held for the use of police forces generally as may be prescribed;
“exempted question” means a question in relation to which section 4(2)(a) or (b) of the Rehabilitation of Offenders Act 1974 (effect of rehabilitation) has been excluded by an order of the Secretary of State under section 4(4) of that Act;
F435“relevant matter”, in this section as it has effect in Northern Ireland, means–
- a
F611any of the following convictions–
- i
a conviction of an offence within subsection (6D);
- ii
a conviction in respect of which a sentence of imprisonment, a sentence of service detention or custodial order was imposed; F618...
- iii
a current conviction; F619or
- iv
F617a current conviction of any offence, except an offence within subsection (6D), stated by a court to be aggravated under section 15 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021;
- i
- b
F612...
- c
a caution, restorative caution, diversionary youth conference or informed warning given in respect of an offence within subsection (6D);
- d
a current caution, restorative caution, diversionary youth conference or informed warning.
- a
F4366D
The offences referred to in paragraphs (a)(i) and (c) of the definition of “relevant matter” in subsection (6), as it has effect in Northern Ireland, are as follows–
a
The following offences–
i
Abducting girl under 18 with intention of marriage;
ii
Abducting girl under 18;
iii
Affray;
iv
Breach of the peace;
v
False imprisonment;
vi
Going armed so as to terrify the public;
vii
Indecency – outraging public decency;
viii
Kidnapping;
ix
Manslaughter;
x
Murder;
xi
Publishing obscene libel;
xii
Publishing/exhibiting/selling indecent/obscene things;
xiii
Rape;
xiv
Riot;
xv
Rout (incipient riot); and
xvi
Unlawful assembly.
b
an offence under section 1 of the Unlawful Drilling Act 1819;
c
an offence under section 10 or 11 of the Slave Trade Act 1824;
d
an offence under section 2 or 3 of the Tumultuous Risings (Ireland) Act 1831;
e
an offence under section 35 of the Malicious Damage Act 1861;
f
an offence under section 32, 33, 34, 58, 59 or 64 of the Offences Against the Person Act 1861;
g
an offence under section 26 of the Criminal Justice Act (Northern Ireland) 1945;
h
an offence under section 2 of the Nuclear Installations Act 1965;
i
an offence under section 13, 13A or 13B of the Criminal Justice Act (Northern Ireland) 1966;
j
an offence under section 5(1) of the Criminal Law Act (NI) 1967;
k
an offence under section 25 or 30 of the Children and Young Persons Act (Northern Ireland) 1968;
l
an offence under section 7(2)(a), 52, 58(2)(a), 58(2)(b), 63(b), 67 or 67 (1A) of the Medicines Act 1968;
m
an offence under section 1, 2 or 3 of the Protection of Persons and Property Act (Northern Ireland) 1969;
n
an offence under section 7 of the Public Order Amendment Act (Northern Ireland) 1970;
o
an offence under section 4(2), 5(2), 5(3), 6(2), 8, 9, 11, 12, 13, 18, 19, 20 or 23 of the Misuse of Drugs Act 1971;
p
an offence under section 1 of the Biological Weapons Act 1974;
q
an offence under section 2 of the Criminal Jurisdiction Act 1975;
r
an offence under Article 5 of the Poisons (Northern Ireland) Order 1976;
s
an offence under Article 4 or 5 of the Criminal Damage (Northern Ireland) Order 1977;
t
an offence under Article 19 of the Criminal Damage (Compensation) (Northern Ireland) Order 1977;
u
an offence under Article 3 of the Criminal Law (Amendment) (Northern Ireland) Order 1977;
v
an offence under section 50 of the Customs and Excise Management Act 1979;
w
an offence under section 6(2) or section 7(2) of the Aviation Security Act 1982;
x
an offence under Article 5, 9 or 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983;
y
an offence under sections 1A to 1D or 2 of the Nuclear Material (Offences) Act 1983;
z
an offence under section 38 of the Public Order Act 1986;
aa
an offence under Article 11, 28, 29, 31, 58, 58ZA or 59 of the Adoption (Northern Ireland) Order 1987;
bb
an offence under Article 9, 10, 11, 12, 13, 18(3), 22 or 23 of the Public Order (Northern Ireland) Order 1987;
cc
an offence under section 139, 139A, or 141 of the Criminal Justice Act 1988;
dd
an offence under Article 3, 4 or 5 of the Crossbows (Northern Ireland) Order 1988;
ee
an offence under section 12, 18 or 19 of the Criminal Justice (International Cooperation) Act 1990;
ff
an offence under Article 68 or 132 of the Children (Northern Ireland) Order 1995;
gg
an offence under Article 11A or 12B of the Road Traffic (Northern Ireland) Order 1995;
hh
an offence under Article 53 or 54 of the Criminal Justice (Northern Ireland) Order 1996;
ii
an offence under section 2 or 11 of the Chemical Weapons Act 1996;
jj
an offence specified in the Schedule to the Disqualification for Caring for Children Regulations (Northern Ireland) 1996;
kk
an offence under section 1 or 2 of the Knives Act 1997;
ll
an offence under Article 4, 5(6), 6 or 7(5) of the Protection from Harassment (Northern Ireland) Order 1997;
mm
an offence under section 2 of the Landmines Act 1998;
nn
an offence under section 35 of the Criminal Justice and Courts Services Act 2000;
oo
an offence under section 11, 12, 15, 16, 17, 18, 38B, 39, 58, 60 or paragraph 37 of Schedule 4 to the Terrorism Act 2000;
pp
an offence under section 52, 54, 67, 79, 80 or 114 of the Anti-terrorism, Crime and Security Act 2001;
an offence under section 58 or 59 of the International Criminal Court Act 2001;
rr
an offence under Article 17 of the Criminal Injuries Compensation (Northern Ireland) Order 2002;
ss
an offence under section 327, 328, 329, 330, 331, 332, 333A or 342 of the Proceeds of Crime Act 2002;
tt
an offence under Article 12, 15(2)(a)-(e), 24 to 28 or 42 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;
uu
an offence under Article 30 or 46 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003;
vv
an offence stated by a court to be aggravated by hostility under Article 2 of the Criminal Justice (No 2) (Northern Ireland) Order 2004;
ww
an offence under Article 3, 24, 37, 39, 40, 41, 42, 45, 61, 62, 63 or 67 of the Firearms (Northern Ireland) Order 2004;
xx
an offence under section 1 or 2 of the Terrorism Act 2006;
yy
an offence under paragraph 1 of Schedule 1 to the Violent Crime Reduction Act 2006;
zz
an offence under section 47 of the Wireless Telegraphy Act 2006;
aaa
an offence under Article 11, 13 or 23 of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007;
bbb
an offence under section 27, paragraph 8 of Schedule 3 or paragraph 12 of Schedule 4 to the Justice and Security (Northern Ireland) Act 2007;
ccc
an offence under Schedule 1 or Schedule 2 of the Criminal Justice (Northern Ireland) Order 2008;
ddd
an offence under Article 68, 69 or 73 of the Sexual Offences (Northern Ireland) Order 2008;
eee
an offence under section 71 of the Coroners and Justice Act 2009;
F516fff
an offence under article 240 or 241 of the Air Navigation Order 2016;
ggg
an offence specified in the Schedule to the Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) Regulations (Northern Ireland) 2009;
hhh
an offence under section 2 of the Cluster Munitions (Prohibitions) Act 2010;
iii
an offence under section 93 of the Justice Act (Northern Ireland) 2011;
jjj
an offence under regulation 255 of the Human Medicines Regulations 2012;
kkk
an offence which has been superseded (directly or indirectly) by an offence within paragraphs (a) to (jjj);
lll
an offence of –
i
attempting or conspiring to commit any offence falling within paragraphs (a) to (kkk), or inciting or aiding, abetting, counselling or procuring the commission of any such offence, or
ii
an offence under Part 2 of the Serious Crime Act 2007 (encouraging or committing serious crime) committed in relation to any such offence;
mmm
an offence under the law of England, Scotland or Wales or any territory outside the United Kingdom which corresponds to an offence under the law of Northern Ireland within any of the paragraphs (a) to (lll);
nnn
an offence under section 42 of the Armed Forces Act 2006 in relation to which the corresponding offence under the law of Northern Ireland (within the meaning of that section) is an offence corresponding with any of the paragraphs (a) to (lll); F615...
ooo
an offence under section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957 of which the corresponding civil offence (within the meaning of those Acts) is an offence within any of the paragraphs (a) to (lll) F616;
F614ppp
an offence under section 1 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021;
qqq
an offence under section 1 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 stated by a court to be aggravated under section 8 of that Act;
rrr
an offence under section 1 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 stated by a court to be aggravated under section 9 of that Act; and
sss
any offence within this subsection (6D) stated by a court to be aggravated under section 15 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021.
6E
For the purposes of the definition of “relevant matter” as it has effect in Northern Ireland–
a
“conviction” has the same meaning as in the Rehabilitation of Offenders (Northern Ireland) Order 1978 and includes a spent conviction within the meaning of that Order;
b
a person’s conviction is a current conviction if–
i
the person was aged 18 or over on the date of the conviction and that date fell within the 11 year period ending with the day on which the certificate is issued, or
ii
the person was F438aged under 18 on the date of conviction and that date fell within the period of 5 years and 6 months ending with the day on which the certificate is issued;
c
a caution or restorative caution given to a person is a current caution or restorative caution if–
i
the person was aged 18 or over on the date it was given and that date fell within the 6 year period ending with the day on which the certificate is issued, or
ii
the person was aged under 18 on the day it was given and that date fell within the 2 year period ending with the day on which the certificate is issued;
d
a diversionary youth conference given to a person is a current diversionary youth conference if the person was aged under 18 on the date it was given and that date fell within the 2 year period ending with the day on which the certificate is issued;
e
an informed warning given to a person is a current informed warning if the date on which it was given fell within the 1 year period ending with the day on which the certificate is issued;
f
“sentence of imprisonment”, “sentence of service detention” and “custodial order” have the same meaning as in Articles 2 and 6 of the Rehabilitation of Offenders (Northern Ireland) Order 1978.
F1737
The Secretary of State may by order amend the definitions of “central records” and “relevant matter” in subsection (6).
8
The power to make an order under subsection (7) is exercisable by statutory instrument, but no such order may be made unless a draft of the instrument containing the order is laid before and approved by resolution of each House of Parliament.
F4599
For the purposes of this Part a person acts as the registered person in relation to an application for a criminal record certificate if the person—
a
countersigns the application, or
b
transmits the application to the Department under subsection (2A).
113AF561Criminal record certificates
1
The Secretary of State must issue a criminal record certificate to any individual who—
a
makes an application F125..., and
b
pays in the prescribed manner any prescribed fee.
2
The application must—
a
be countersigned by a registered person, and
b
be accompanied by a statement by the registered person that the certificate is required for the purposes of an exempted question.
3
A criminal record certificate is a certificate which—
a
gives the prescribed details of every relevant matter relating to the applicant which is recorded in central records, F197(or states that there is no such matter); and
b
if the applicant is subject to notification requirements under Part 2 of the Sexual Offences Act 2003 (c. 42), states that fact.
F5013A
But a criminal record certificate must not give the details of a relevant matter if—
a
those details were excluded from another criminal record certificate by virtue of an order under section 116ZB(9)(b), and
b
it appears to the Scottish Ministers that the application under subsection (1) is made for the same purpose for which the application for the other certificate was made.
F5024
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
The Secretary of State may treat an application under this section as an application under section 113B if—
a
in his opinion the certificate is required for a purpose prescribed under subsection (2) of that section,
b
the registered person provides him with the statement required by that subsection, and
c
the applicant consents and pays to the Secretary of State the amount (if any) by which the fee payable in relation to an application under that section exceeds the fee paid in relation to the application under this section.
F1965A
The Scottish Ministers need not issue a criminal record certificate under subsection (1) if the statement accompanying the application states that the purpose for which the certificate is required is the purpose mentioned in disclosure condition C (set out in section 55 of the Protection of Vulnerable Groups (Scotland) Act 2007) (asp 14)).
6
In this section—
“central records” means such records of convictions F198, cautions or other information held for the use of police forces generally as may be prescribed;
F503“conviction” means a conviction within the meaning of the Rehabilitation of Offenders Act 1974, including a spent conviction,
“exempted question” means a question in relation to which section 4(2)(a) or (b) of the Rehabilitation of Offenders Act 1974 (effect of rehabilitation) has been excluded by an order of the Secretary of State under section 4(4) of that Act;
“relevant matter” means—
C27113BEnhanced criminal record certificates
1
F292DBS must issue an enhanced criminal record certificate to any individual who—
F248aa
is aged 16 or over at the time of making the application, and
b
pays in the prescribed manner any prescribed fee.
2
The application must—
a
be countersigned by a registered person, and
F1592A
But an application for an enhanced criminal record certificate need not be countersigned by a registered person if—
a
b
it is transmitted in accordance with requirements determined by F293DBS.
3
An enhanced criminal record certificate is a certificate which—
a
gives the prescribed details of every relevant matter relating to the applicant which is recorded in central records and any information provided in accordance with subsection (4), or
b
states that there is no such matter or information.
4
Before issuing an enhanced criminal record certificate F295DBS must request any relevant chief officer to provide any information which F250...—
a
F251the chief officer reasonably believes to be relevant for the purpose described in the statement under subsection (2), and
b
F252in the chief officer's opinion, ought to be included in the certificate.
F2474A
In exercising functions under subsection (4) a relevant chief officer must have regard to any guidance for the time being published by the Secretary of State.
F3905
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3906
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
8
If by virtue of subsection (7) F299DBS treats an application under this section as an application under section 113A, F300it must refund to the applicant the amount (if any) by which the fee paid in relation to the application under this section exceeds the fee payable in relation to an application under section 113A.
9
In this section—
“central records”, “exempted question”, and “relevant matter” have the same meaning as in section 113A;
F253“relevant chief officer” means any chief officer of a police force who is identified by F296DBS for the purposes of making a request under subsection (4).
F254...
10
For the purposes of this section references to a police force include any of the following—
F96a
the Royal Navy Police;
c
the Royal Military Police;
d
the Royal Air Force Police;
e
the Ministry of Defence Police;
F428f
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F428g
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
h
the British Transport Police;
i
the Civil Nuclear Constabulary;
j
the States of Jersey Police Force;
k
the salaried police force of the Island of Guernsey;
l
the Isle of Man Constabulary;
m
a body with functions in any country or territory outside the British Islands which correspond to those of a police force in any part of the United Kingdom,
and any reference to the chief officer of a police force includes the person responsible for the direction of a body mentioned in this subsection.
11
For the purposes of this section each of the following must be treated as if it were a police force—
a
the Commissioners for Her Majesty's Revenue and Customs (and for this purpose a reference to the chief officer of a police force must be taken to be a reference to any one of the Commissioners);
b
the F429National Crime Agency (and for this purpose a reference to the chief officer of a police force must be taken to be a reference to the Director General of the Agency);
F624ba
the tri-service serious crime unit (and for this purpose a reference to the chief officer of a police force must be taken to be a reference to the Provost Marshal for serious crime);
c
such other department or body as is prescribed (and regulations may prescribe in relation to the department or body the person to whom a reference to the chief officer is to be taken to be).
F16012
For the purposes of this Part a person acts as the registered person in relation to an application for an enhanced criminal record certificate if the person—
a
countersigns the application, or
b
transmits the application to F294DBS under subsection (2A).
F24913
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I35113BF561Enhanced criminal record certificates
1
The Secretary of State must issue an enhanced criminal record certificate to any individual who—
a
makes an application F127...,
F448aa
except in prescribed circumstances, is aged 16 or over at the time of making the application, and
b
pays in the prescribed manner any prescribed fee.
2
The application must—
a
be countersigned by a registered person, and
b
be accompanied by a statement by the registered person that the certificate is required F174for the purposes of an exempted question asked for a prescribed purpose.
F4582A
But an application for an enhanced criminal record certificate need not be countersigned by a registered person if—
a
the application is transmitted to the Department electronically by a registered person who satisfies conditions determined by the Department, and
b
it is transmitted in accordance with requirements determined by the Department.
3
An enhanced criminal record certificate is a certificate which—
a
gives the prescribed details of every relevant matter relating to the applicant which is recorded in central records and any information provided in accordance with subsection (4), or
b
states that there is no such matter or information.
4
Before issuing an enhanced criminal record certificate the Secretary of State must request F450any relevant chief officer to provide any information which F451... —
a
F452the chief officer reasonably believes to be relevant for the purpose described in the statement under subsection (2), and
b
F453in the chief officer's opinion, ought to be included in the certificate.
F4544A
The Department may from time to time publish guidance to chief officers as to the exercise of functions under subsection (4); and in exercising functions under that subsection a relevant chief officer must have regard to any guidance for the time being published under this subsection.
F4625
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4626
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
The Secretary of State may treat an application under this section as an application under section 113A if in his opinion the certificate is not required for a purpose prescribed under subsection (2).
8
If by virtue of subsection (7) the Secretary of State treats an application under this section as an application under section 113A, he must refund to the applicant the amount (if any) by which the fee paid in relation to the application under this section exceeds the fee payable in relation to an application under section 113A.
9
In this section—
“central records”, “exempted question”, and “relevant matter” have the same meaning as in section 113A;
F455relevant chief officer” means any chief officer of a police force who is identified by the Department for the purposes of making a request under subsection (4);
F456...
C3310
For the purposes of this section references to a police force include any of the following—
F96a
the Royal Navy Police;
c
the Royal Military Police;
d
the Royal Air Force Police;
e
the Ministry of Defence Police;
F428f
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F428g
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
h
the British Transport Police;
i
the Civil Nuclear Constabulary;
j
the States of Jersey Police Force;
k
the salaried police force of the Island of Guernsey;
l
the Isle of Man Constabulary;
m
a body with functions in any country or territory outside the British Islands which correspond to those of a police force in any part of the United Kingdom,
and any reference to the chief officer of a police force includes the person responsible for the direction of a body mentioned in this subsection.
C3311
For the purposes of this section each of the following must be treated as if it were a police force—
a
the Commissioners for Her Majesty's Revenue and Customs (and for this purpose a reference to the chief officer of a police force must be taken to be a reference to any one of the Commissioners);
b
the F429National Crime Agency (and for this purpose a reference to the chief officer of a police force must be taken to be a reference to the Director General of the Agency);
F624ba
the tri-service serious crime unit (and for this purpose a reference to the chief officer of a police force must be taken to be a reference to the Provost Marshal for serious crime);
c
such other department or body as is prescribed (and regulations may prescribe in relation to the department or body the person to whom a reference to the chief officer is to be taken to be).
F46012
For the purposes of this Part a person acts as the registered person in relation to an application foran enhanced criminal record certificate if the person—
a
countersigns the application, or
b
transmits the application to the Department under subsection (2A).
113BF561Enhanced criminal record certificates
1
The Secretary of State must issue an enhanced criminal record certificate to any individual who—
a
makes an application F127..., and
b
pays in the prescribed manner any prescribed fee.
2
The application must—
a
be countersigned by a registered person, and
b
be accompanied by a statement by the registered person that the certificate is required for a prescribed purpose.
3
An enhanced criminal record certificate is a certificate which—
a
gives the prescribed details of every relevant matter relating to the applicant which is recorded in central records and any information provided in accordance with subsection (4), F200(or states that there is no such matter or information), and
b
if the applicant is subject to notification requirements under Part 2 of the Sexual Offences Act 2003 (c.42), states that fact.
F5053A
But an enhanced criminal record certificate must not give the details of a relevant matter if—
a
those details were excluded from another enhanced criminal record certificate by virtue of an order under section 116ZB(9)(b), and
b
it appears to the Scottish Ministers that the application under subsection (1) is made for the same purpose for which the application for the other certificate was made.
4
Before issuing an enhanced criminal record certificate the Secretary of State must request the chief officer of every relevant police force to provide any information which F509...—
F510a
the chief officer reasonably believes to be relevant for the purpose described in the statement under subsection (2), and
b
in the chief officer’s opinion, ought to be included in the certificate.
F5664A
For the avoidance of doubt, information such as is mentioned in subsection (4) may include information with respect to relevant behaviour (within the meaning of section 5(1)(a) of the Age of Criminal Responsibility (Scotland) Act 2019).
F5085
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1285A
The Scottish Ministers must pay to such body as may be prescribed such fee as they think appropriate for information received from the chief officer of a body mentioned in subsection (10)(j) to (m) as a result of a request under subsection (4) F506...
F5076
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
The Secretary of State may treat an application under this section as an application under section 113A if in his opinion the certificate is not required for a purpose prescribed under subsection (2).
8
If by virtue of subsection (7) the Secretary of State treats an application under this section as an application under section 113A, he must refund to the applicant the amount (if any) by which the fee paid in relation to the application under this section exceeds the fee payable in relation to an application under section 113A.
9
In this section—
“central records”, “exempted question”, and “relevant matter” have the same meaning as in section 113A;
“relevant police force”, in relation to an application under this section, means a police force which is a relevant police force in relation to that application under regulations made by the Secretary of State.
10
For the purposes of this section references to a police force include any of the following—
F96a
the Royal Navy Police;
c
the Royal Military Police;
d
the Royal Air Force Police;
e
the Ministry of Defence Police;
F428f
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F428g
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
h
the British Transport Police;
i
the Civil Nuclear Constabulary;
j
the States of Jersey Police Force;
k
the salaried police force of the Island of Guernsey;
l
the Isle of Man Constabulary;
m
a body with functions in any country or territory outside the British Islands which correspond to those of a police force in any part of the United Kingdom,
and any reference to the chief officer of a police force includes the person responsible for the direction of a body mentioned in this subsection.
11
For the purposes of this section each of the following must be treated as if it were a police force—
a
the Commissioners for Her Majesty's Revenue and Customs (and for this purpose a reference to the chief officer of a police force must be taken to be a reference to any one of the Commissioners);
b
the F429National Crime Agency (and for this purpose a reference to the chief officer of a police force must be taken to be a reference to the Director General of the Agency);
F624ba
the tri-service serious crime unit (and for this purpose a reference to the chief officer of a police force must be taken to be a reference to the Provost Marshal for serious crime);
c
such other department or body as is prescribed (and regulations may prescribe in relation to the department or body the person to whom a reference to the chief officer is to be taken to be).
C19C15113BAF172Suitability information relating to children
1
In such cases as are prescribed, an enhanced criminal record certificate must also include suitability information relating to children.
2
Suitability information relating to children is—
a
whether the applicant is barred from regulated activity relating to children;
F241b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F241c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F241d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F439e
whether the applicant is subject to a direction under F440section 128 of the Education and Skills Act 2008 (prohibition on participation in management of independent educational institution in England) or section 167A of the Education Act 2002 (prohibition on participation in management of independent school F441in Wales).
3
Expressions used in this section and in the 2006 Act have the same meaning in this section as in that Act, except that “prescribed” must be construed in accordance with section 125 of this Act.
4
“The 2006 Act” means the Safeguarding Vulnerable Groups Act 2006.
113BAF194Information held outside the United Kingdom
1
The Scottish Ministers may by order made by statutory instrument amend the definition of—
a
“criminal conviction certificate” in section 112(2),
b
“central records” in sections 112(3) and 113A(6),
c
“criminal record certificate” in section 113A(3),
d
“relevant matter” in section 113A(6),
e
“enhanced criminal record certificate” in section 113B(3).
2
An order under subsection (1) may be made only for the purposes of, or in connection with, enabling certificates issued under this Part to include details of information held outside the United Kingdom.
3
No order may be made under subsection (1) unless a draft of the statutory instrument containing the order has been laid before, and approved by resolution of, the Scottish Parliament.
C20C16113BBF172Suitability information relating to vulnerable adults
1
In such cases as are prescribed, an enhanced criminal record certificate must also include suitability information relating to vulnerable adults.
2
Suitability information relating to vulnerable adults is —
a
whether the applicant is barred from regulated activity relating to vulnerable adults;
F255b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F255c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F255d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
Expressions used in this section and in the 2006 Act have the same meaning in this section as in that Act, except that “prescribed” must be construed in accordance with section 125 of this Act.
4
“The 2006 Act” means the Safeguarding Vulnerable Groups Act 2006.
113BCSuitability information: power to amend
1
The Secretary of State may by order made by statutory instrument—
a
amend section 113BA for the purpose of altering the meaning of suitability information relating to children;
b
amend section 113BB for the purpose of altering the meaning of suitability information relating to vulnerable adults F256;
c
amend section 120AC(4)(b) in consequence of an order made under paragraph (a) or (b).
F477c
amend section 120AC(4)(b) in consequence of an order made under paragraph (a) or (b).
2
Such an order is subject to annulment in pursuance of a resolution of either House of Parliament.
113CAF193Suitability information relating to children
1
In such cases as are prescribed, an enhanced criminal record certificate must also include suitability information relating to children.
2
Suitability information relating to children is—
a
whether the applicant is barred from regulated work with children;
b
if the applicant is barred from such activity, such details as are prescribed of the circumstances in which the applicant became barred;
c
whether the Scottish Ministers are considering whether to list the individual in the children's list;
F201d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F202e
if a notification order, made under section 97(5) of the Sexual Offences Act 2003, is in effect in respect of the applicant—
i
the date of that order; and
ii
the notification period applying to the applicant by virtue of section 98(1)(b) of that Act;
f
if an interim notification order, made under section 100(3) of the Sexual Offences Act 2003, is in effect in respect of the applicant—
i
the date of that order; and
ii
the period for which that order has effect by virtue of section 100(4) of that Act;
F442fa
if a sexual harm prevention order, made under section 103A of the Sexual Offences Act 2003 F572or Chapter 2 of Part 11 of the Sentencing Code, is in effect in respect of the applicant—
i
the prohibitions described in that order;
ii
the date of that order;
iii
the period for which the prohibitions have effect by virtue of section 103C(2) or 103D(1) F573of the Sexual Offences Act 2003 or section 347(2) or 348(1) of the Sentencing Code;
iv
details as to whether the order has been varied or renewed under section 103E(5) F574of the Sexual Offences Act 2003 or section 350(6) of the Sentencing Code;
fb
if an interim sexual harm prevention order, made under section 103F of the Sexual Offences Act 2003, is in effect in respect of the applicant—
i
the prohibitions described in that order;
ii
the date of that order;
iii
the period for which that order has effect by virtue of section 103F(4) of that Act;
iv
details as to whether the order has been varied or renewed under section 103F(5) of that Act;
F626fc
if a sexual harm prevention order, made under section 11(2) or 12(1) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, is in effect in respect of the applicant—
i
the prohibitions and requirements contained in that order;
ii
the date of that order;
iii
the period for which each of the prohibitions and requirements contained in that order has effect by virtue of section 16(3) or, as the case may be, 17(1) of that Act;
iv
details as to whether that order has been varied or renewed under section 20(1) of that Act;
fd
if an interim sexual harm prevention order, made under section 21 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, is in effect in respect of the applicant—
i
the prohibitions and requirements contained in that order;
ii
the date of that order;
iii
the period for which each of the prohibitions and requirements contained in that order has effect by virtue of section 21(5) of that Act;
iv
details as to whether that order has been varied or renewed under section 21(10) of that Act;
g
if a sexual offences prevention order, made under section 104(1) or 105(3) of the Sexual Offences Act 2003, is in effect in respect of the applicant—
i
the prohibitions described in that order;
ii
the date of that order;
iii
the period for which that order has effect by virtue of section 107(1)(b) of that Act; and
iv
details as to whether that order has been varied or renewed under section 108(4) of that Act;
h
if an interim sexual offences prevention order, made under section 109(3) of the Sexual Offences Act 2003, is in effect in respect of the applicant—
i
the prohibitions described in that order;
ii
the date of that order;
iii
the period for which that order has effect by virtue of section 109(4) of that Act; and
iv
details as to whether that order has been varied or renewed under section 109(6) of that Act;
i
if a foreign travel order, made under section 114(3) of the Sexual Offences Act 2003, is in effect in respect of the applicant—
i
the prohibitions specified in that order;
ii
the date of that order;
iii
the period for which that order has effect by virtue of section 117(1) of that Act; and
iv
details as to whether that order has been varied or renewed under section 118(3) of that Act;
F443ia
if a sexual risk order, made under section 122A of the Sexual Offences Act 2003, is in effect in respect of the applicant—
i
the prohibitions described in that order;
ii
the date of that order;
iii
the period for which the prohibitions have effect by virtue of section 122A(7) or 122C(1) of that Act;
iv
details as to whether the order has been varied or renewed under section 122D(4) of that Act;
ib
if an interim sexual risk order, made under section 122E of the Sexual Offences Act 2003, is in effect in respect of the applicant—
i
the prohibitions described in that order;
ii
the date of that order;
iii
the period for which that order has effect by virtue of section 122E(4) of that Act;
iv
details as to whether the order has been varied or renewed under section 122E(5) of that Act;
F627ic
if a sexual risk order, made under section 27(1) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, is in effect in respect of the applicant—
i
the prohibitions and requirements contained in that order;
ii
the date of that order;
iii
the period for which each of the prohibitions and requirements contained in that order has effect by virtue of section 28(3) or, as the case may be, 29(1) of that Act;
iv
details as to whether that order has been varied or renewed under section 30(1) of that Act;
id
if an interim sexual risk order, made under section 31(1) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, is in effect in respect of the applicant—
i
the prohibitions and requirements contained in that order;
ii
the date of that order;
iii
the period for which each of the prohibitions and requirements contained in that order has effect by virtue of section 31(5) of that Act;
iv
details as to whether that order has been varied or renewed under section 31(9) of that Act;
j
if a risk of sexual harm order, made under section 123(4) of the Sexual Offences Act 2003, is in effect in respect of the applicant—
i
the prohibitions described in that order;
ii
the date of that order;
iii
the period for which that order has effect by virtue of section 123(5)(b) of that Act; and
iv
details as to whether that order has been varied or renewed under section 125(3) of that Act;
k
if an interim risk of sexual harm order, made under section 126(3) of the Sexual Offences Act 2003, is in effect in respect of the applicant—
i
the prohibitions described in that order;
ii
the date of that order;
iii
the period for which that order has effect by virtue of section 126(4) of that Act; and
iv
details as to whether that order has been varied or renewed under section 126(5) of that Act;
F628l
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F628m
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
113CBSuitability information relating to protected adults
1
In such cases as are prescribed, an enhanced criminal record certificate must also include suitability information relating to protected adults.
2
Suitability information relating to protected adults is—
a
whether the applicant is barred from regulated work with adults;
b
if the applicant is barred from such activity, such details as are prescribed of the circumstances in which the applicant became barred;
c
whether the Scottish Ministers are considering whether to list the individual in the adults' list;
F203d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F204e
if a notification order, made under section 97(5) of the Sexual Offences Act 2003, is in effect in respect of the applicant—
i
the date of that order; and
ii
the notification period applying to the applicant by virtue of section 98(1)(b) of that Act;
f
if an interim notification order, made under section 100(3) of the Sexual Offences Act 2003, is in effect in respect of the applicant—
i
the date of that order; and
ii
the period for which that order has effect by virtue of section 100(4) of that Act;
F444fa
if a sexual harm prevention order, made under section 103A of the Sexual Offences Act 2003 F575or Chapter 2 of Part 11 of the Sentencing Code, is in effect in respect of the applicant—
i
the prohibitions described in that order;
ii
the date of that order;
iii
the period for which the prohibitions have effect by virtue of section 103C(2) or 103D(1) F576of the Sexual Offences Act 2003 or section 347(2) or 348(1) of the Sentencing Code;
iv
details as to whether the order has been varied or renewed under section 103E(5) F577of the Sexual Offences Act 2003 or section 350(6) of the Sentencing Code;
fb
if an interim sexual harm prevention order, made under section 103F of the Sexual Offences Act 2003, is in effect in respect of the applicant—
i
the prohibitions described in that order;
ii
the date of that order;
iii
the period for which that order has effect by virtue of section 103F(4) of that Act;
iv
details as to whether the order has been varied or renewed under section 103F(5) of that Act;
F629fc
if a sexual harm prevention order, made under section 11(2) or 12(1) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, is in effect in respect of the applicant—
i
the prohibitions and requirements contained in that order;
ii
the date of that order;
iii
the period for which each of the prohibitions and requirements contained in that order has effect by virtue of section 16(3) or, as the case may be, 17(1) of that Act;
iv
details as to whether that order has been varied or renewed under section 20(1) of that Act;
fd
if an interim sexual harm prevention order, made under section 21 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, is in effect in respect of the applicant—
i
the prohibitions and requirements contained in that order;
ii
the date of that order;
iii
the period for which each of the prohibitions and requirements contained in that order has effect by virtue of section 21(5) of that Act;
iv
details as to whether that order has been varied or renewed under section 21(10) of that Act;
g
if a sexual offences prevention order, made under section 104(1) or 105(3) of the Sexual Offences Act 2003, is in effect in respect of the applicant—
i
the prohibitions described in that order;
ii
the date of that order;
iii
the period for which that order has effect by virtue of section 107(1)(b) of that Act; and
iv
details as to whether that order has been varied or renewed under section 108(4) of that Act;
h
if an interim sexual offences prevention order, made under section 109(3) of the Sexual Offences Act 2003, is in effect in respect of the applicant—
i
the prohibitions described in that order;
ii
the date of that order;
iii
the period for which that order has effect by virtue of section 109(4) of that Act; and
iv
details as to whether that order has been varied or renewed under section 109(6) of that Act;
i
if a foreign travel order, made under section 114(3) of the Sexual Offences Act 2003, is in effect in respect of the applicant—
i
the prohibitions specified in that order;
ii
the date of that order;
iii
the period for which that order has effect virtue of section 117(1) of that Act; and
iv
details as to whether that order has been varied or renewed under section 118(3) of that Act;
F445ia
if a sexual risk order, made under section 122A of the Sexual Offences Act 2003, is in effect in respect of the applicant—
i
the prohibitions described in that order;
ii
the date of that order;
iii
the period for which the prohibitions have effect by virtue of section 122A(7) or 122C(1) of that Act;
iv
details as to whether the order has been varied or renewed under section 122D(4) of that Act;
ib
if an interim sexual risk order, made under section 122E of the Sexual Offences Act 2003, is in effect in respect of the applicant—
i
the prohibitions described in that order;
ii
the date of that order;
iii
the period for which that order has effect by virtue of section 122E(4) of that Act;
iv
details as to whether the order has been varied or renewed under section 122E(5) of that Act;
F630ic
if a sexual risk order, made under section 27(1) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, is in effect in respect of the applicant—
i
the prohibitions and requirements contained in that order;
ii
the date of that order;
iii
the period for which each of the prohibitions and requirements contained in that order has effect by virtue of section 28(3) or, as the case may be, 29(1) of that Act;
iv
details as to whether that order has been varied or renewed under section 30(1) of that Act;
id
if an interim sexual risk order, made under section 31(1) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, is in effect in respect of the applicant—
i
the prohibitions and requirements contained in that order;
ii
the date of that order;
iii
the period for which each of the prohibitions and requirements contained in that order has effect by virtue of section 31(5) of that Act;
iv
details as to whether that order has been varied or renewed under section 31(9) of that Act;
j
if a risk of sexual harm order, made under section 123(4) of the Sexual Offences Act 2003, is in effect in respect of the applicant—
i
the prohibitions described in that order;
ii
the date of that order;
iii
the period for which that order has effect by virtue of section 123(5)(b) of that Act; and
iv
details as to whether that order has been varied or renewed under section 125(3) of that Act;
k
if an interim risk of sexual harm order, made under section 126(3) of the Sexual Offences Act 2003, is in effect in respect of the applicant—
i
the prohibitions described in that order;
ii
the date of that order;
iii
the period for which that order has effect by virtue of section 126(4) of that Act; and
iv
details as to whether that order has been varied or renewed under section 126(5) of that Act;
F631l
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F631m
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
113CCSuitability information: supplementary
1
The Scottish Ministers may by order made by statutory instrument—
a
amend section 113CA for the purpose of altering the meaning of suitability information relating to children;
b
amend section 113CB for the purpose of altering the meaning of suitability information relating to protected adults.
2
Such an order is subject to annulment in pursuance of a resolution of the Scottish Parliament.
3
Expressions used in sections 113CA and 113CB and in the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14) have the same meaning in those sections as in that Act, except that “prescribed” must be construed in accordance with section 125 of this Act.
F195113CCriminal record certificates: suitability relating to children
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F195113DCriminal record certificates: suitability relating to adults
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C31C30C42F195113ECriminal record certificates: specified children's and adults' lists: urgent cases
1
Subsection (2) applies to an application under section 113A or 113B if—
a
it is accompanied by a children's suitability statement,
b
the registered person requests an urgent preliminary response, and
c
the applicant pays in the prescribed manner such additional fee as is prescribed in respect of the application.
2
a
if the applicant is not included in a specified children's list, of that fact;
b
if the applicant is included in such a list, of the details prescribed for the purposes of section 113C(1)(b) above;
c
if the applicant is not subject to a specified children's direction, of that fact;
d
if the applicant is subject to such a direction, of the grounds on which the direction was given and the details prescribed for the purposes of section 113C(1)(d) above.
3
Subsection (4) applies to an application under section 113A or 113B if—
a
it is accompanied by an adults' suitability statement,
b
the registered person requests an urgent preliminary response, and
c
the applicant pays in the prescribed manner such additional fee as is prescribed in respect of the application.
4
a
that the applicant is not included in a specified adults' list, or
b
that a criminal record certificate or enhanced criminal record certificate will be issued in due course.
5
In this section—
“criminal record certificate” has the same meaning as in section 113A;“enhanced criminal record certificate” has the same meaning as in section 113B;“children's suitability statement” “, specified children's direction” and “specified children's list” have the same meaning as in section 113C;“adults' suitability statement” and “specified adults' list” have the same meaning as in section 113D.
F195113FCriminal record certificates: supplementary
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I4I36114 Criminal record certificates: Crown employment.
1
a
makes an application under this section F126...,
F258aa
is aged 16 or over at the time of making the application,
F478aa
except in prescribed circumstances, is aged 16 or over at the time of making the application, and
F55b
pays any fee that is payable in relation to the application under regulations made by the Secretary of State.
F55b
pays in the prescribed manner any prescribed fee
2
An application under this section must be accompanied by a statement by F206a Minister of the CrownF206a person mentioned in subsection (2A) that the certificate is required for the purposes of an exempted question asked in the course of considering the applicant’s suitability for an appointment by or under the Crown.
F2052A
Any of the following persons may make a statement for the purposes of subsection (2)—
a
a Minister of the Crown;
b
a member of the Scottish Executive;
c
any other office-holder in the Scottish Administration; or
d
a nominee of any person mentioned in paragraphs (a) to (c).
3
F88E2115 Enhanced criminal record certificates.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F88E3115 Enhanced criminal record certificates.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I5I37C21C28C29116 Enhanced criminal record certificates: judicial appointments and Crown employment.
1
F304The Secretary of StateF304DBS shall issue an enhanced criminal record certificate to any individual who—
a
makes an application under this section F129...,
F259aa
is aged 16 or over at the time of making the application,
F480aa
except in prescribed circumstances, is aged 16 or over at the time of making the application, and
F56b
pays any fee that is payable in relation to the application under regulations made by the Secretary of State.
F56b
pays in the prescribed manner any prescribed fee
2
An application under this section must be accompanied by a statement by F208a Minister of the Crown, or a person nominated by a Minister of the Crown,F208a person mentioned in subsection (2A) that the certificate is required for the purposes of an exempted question asked in the course of considering the applicant’s suitability for—
a
a judicial appointment, or
F2072A
Any of the following persons may make a statement for the purposes of subsection (2)—
a
a Minister of the Crown;
b
a member of the Scottish Executive;
c
any other office-holder in the Scottish Administration; or
d
a nominee of any person mentioned in paragraphs (a) to (c).
3
116ZAF499Copies of criminal record certificate or enhanced criminal record certificate
1
Subsection (2) applies where—
a
the Scottish Ministers issue a criminal record certificate or an enhanced criminal record certificate, and
b
the certificate does not include details of a conviction F556which falls within subsection (1A).
F5551A
A conviction falls within this subsection if it is—
a
a conviction for an offence listed in schedule 8A which is a spent conviction and either—
i
the person was aged under 18 on the date of conviction and at least 7 years and 6 months have passed since the date of the conviction, or
ii
the person was aged 18 or over on the date of conviction and at least 15 years have passed since the date of conviction,
b
a conviction for an offence listed in schedule 8B which is—
i
a spent conviction, but
ii
not a protected conviction.
2
The Scottish Ministers must send a copy of the certificate to the relevant person at the same time as they issue the certificate.
3
Subsections (4) and (5) apply where—
a
the Scottish Ministers issue a criminal record certificate or an enhanced criminal record certificate to an individual, and
b
the certificate includes details of a conviction F557which falls within subsection (1A).
4
Where—
a
the individual notifies the Scottish Ministers before the end of the period mentioned in section 116ZB(3)(a) that the individual does not intend to make an application under section 116ZB(2), or
b
that period expires without the individual having notified the Scottish Ministers that the individual does intend to make such an application
the Scottish Ministers must send a copy of the certificate to the relevant person as soon as possible after receiving the notification or, as the case may be, the expiry of that period.
5
The Scottish Ministers must not send a copy of the certificate to the relevant person if the individual notifies the Scottish Ministers before the end of the period mentioned in section 116ZB(3)(a) that the individual intends to make an application under section 116ZB(2).
6
In this section, “relevant person” means—
a
in relation to a criminal record certificate issued under section 113A(1) or an enhanced criminal record certificate issued under section 113B(1), the person who countersigned the application for the certificate under section 113A(2)(a) or, as the case may be, 113B(2)(a),
b
in relation to a criminal record certificate issued under section 114(1) or an enhanced criminal record certificate issued under section 116(1), the person who made the statement in relation to the certificate under section 114(2) or, as the case may be, 116(2).
116ZBApplication for an order for a new criminal record certificate or enhanced criminal record certificate
1
This section applies where—
a
the Scottish Ministers issue a criminal record certificate or an enhanced criminal record certificate to an individual, and
b
the certificate includes details of a conviction F558which falls within section 116ZA(1A).
2
The individual may apply to the sheriff for an order requiring the Scottish Ministers to issue a new certificate that does not include those details.
3
An application under subsection (2)—
a
may only be made if the individual, before the end of the period of 10 working days beginning with the date of the issue of the certificate, notifies the Scottish Ministers of an intention to make the application, and
b
must be made before the end of the period of 3 months beginning with the date on which that notification is given.
4
No finding of fact on which a conviction is based may be challenged in an application under subsection (2).
5
Proceedings in an application under subsection (2) may take place in private if the sheriff considers it appropriate in all the circumstances.
6
In determining an application under subsection (2) the sheriff must—
a
if satisfied that the details are not relevant to the purpose for which the certificate was required, allow the application,
b
otherwise, refuse the application.
7
The sheriff may allow the application in part where it relates to details in relation to two or more convictions.
8
The decision of the sheriff on an application is final.
9
Where the sheriff allows the application, the sheriff must order the Scottish Ministers—
a
to issue a new certificate to the individual as if the individual had made the application for the certificate under section 113A(1), 113B(1), 114(1) or, as the case may be, 116(1) on the date on which the sheriff makes the order,
b
to exclude from that certificate the details which the sheriff is satisfied are not relevant.
10
Where the sheriff refuses the application—
a
the Scottish Ministers must issue a new certificate to the individual as if the individual had made the application for the certificate under section 113A(1), 113B(1), 114(1) or, as the case may be, 116(1) on the date on which the sheriff makes the order,
b
the individual may not make an application under subsection (2) in relation to the details of the conviction in connection with the new certificate (or any subsequent certificate issued in relation to the original certificate application).
11
In subsection (10)(b), the “original certificate application” is the application for the certificate mentioned in subsection (1)(a).
12
Sections 116ZA and 117 apply to a new certificate issued under subsection (9) or (10)(a) as if the certificate had been issued under section 113A(1), 113B(1), 114(1) or, as the case may be, 116(1).
116AF391Up-dating certificates
1
F406DBS must, on the request of a relevant person and subject to subsection (2), give up-date information to that person about—
a
a criminal conviction certificate,
b
a criminal record certificate, or
c
an enhanced criminal record certificate,
which is subject to up-date arrangements.
2
F407DBS may impose conditions about—
a
the information to be supplied in connection with such a request for the purpose of enabling the Secretary of State to decide whether the person is a relevant person,
b
any other information to be supplied in connection with such a request.
3
For the purposes of subsection (1) a certificate is subject to up-date arrangements if condition A, B or C is met and the arrangements have not ceased to have effect in accordance with a notice given under section 118(3B).
4
Condition A is that—
a
the individual who applied for the certificate made an application at the same time to F408DBS for the certificate to be subject to up-date arrangements,
b
the individual has paid in the prescribed manner any prescribed fee,
c
F408DBS has granted the application for the certificate to be subject to up-date arrangements, and
d
the period of 12 months beginning with the date on which the grant comes into force has not expired.
5
Condition B is that—
a
the individual whose certificate it is has made an application to F409DBS to renew or (as the case may be) further renew unexpired up-date arrangements in relation to the certificate,
b
the individual has paid in the prescribed manner any prescribed fee,
c
F409DBS has granted the application,
d
the grant has come into force on the expiry of the previous up-date arrangements, and
e
the period of 12 months beginning with the date on which the grant has come into force has not expired.
6
Condition C is that—
a
the certificate was issued under section 117(2) or 117A(5)(b), and
b
the certificate which it superseded—
i
was subject to up-date arrangements immediately before it was superseded, and
ii
would still be subject to those arrangements had it not been superseded.
7
F410DBS must not grant an application as mentioned in subsection (4)(c) or (5)(c) unless any fee prescribed under subsection (4)(b) or (as the case may be) (5)(b) has been paid in the manner so prescribed.
8
In this section “up-date information” means—
a
in relation to a criminal conviction certificate or a criminal record certificate—
i
information that there is no information recorded in central records which would be included in a new certificate but is not included in the current certificate, or
ii
advice to apply for a new certificate or (as the case may be) request another person to apply for such a certificate,
b
in relation to an enhanced criminal record certificate which includes suitability information relating to children or vulnerable adults—
i
information that there is no information recorded in central records, no information of the kind mentioned in section 113B(4), and no information of the kind mentioned in section 113BA(2) or (as the case may be) 113BB(2), which would be included in a new certificate but is not included in the current certificate, or
ii
advice to apply for a new certificate or (as the case may be) request another person to apply for such a certificate, and
c
in relation to any other enhanced criminal record certificate—
i
information that there is no information recorded in central records, nor any information of the kind mentioned in section 113B(4), which would be included in a new certificate but is not included in the current certificate, or
ii
advice to apply for a new certificate or (as the case may be) request another person to apply for such a certificate.
9
If up-date information is given under subsection (8)(a)(i), (8)(b)(i) or (8)(c)(i) and the certificate to which that information relates is one to which subsection (10) applies, the up-date information must include that fact.
10
This subsection applies to a certificate which—
a
in the case of a criminal conviction certificate, states that there are no convictions or conditional cautions of the applicant recorded in central records,
b
in the case of a criminal record certificate, is as described in section 120AC(3), and
c
in the case of an enhanced criminal record certificate, is as described in section 120AC(4).
11
In this section—
“central records” has the same meaning as in section 113A,
“criminal record certificate” includes a certificate under section 114,
“enhanced criminal record certificate” includes a certificate under section 116,
“exempted question” has the same meaning as in section 113A,
“relevant person” means—
- a
in relation to a criminal conviction certificate—
- i
the individual whose certificate it is, or
- ii
any person authorised by the individual,
- i
- b
in relation to a criminal record certificate—
- i
the individual whose certificate it is, or
- ii
any person who is authorised by the individual and is seeking the information for the purposes of an exempted question, and
- i
- c
in relation to an enhanced criminal record certificate—
- i
the individual whose certificate it is, or
- ii
any person who is authorised by the individual and is seeking the information for the purposes of an exempted question asked for a purpose prescribed under section 113B(2)(b).
- i
- a
I6I38117 Disputes about F395accuracy of certificatesF395certificates and up-date information.
1
F2601A
Where any person other than the applicant believes that the information contained in a certificate under any of sections 112 to 116 is inaccurate, that person may make an application in writing to F306DBS for a decision as to whether or not the information is inaccurate.
F4811A
Where any person other than the applicant believes that the information contained in a certificate under any of sections 112 to 116 is inaccurate, that person may make an application in writing to the Department for a decision as to whether or not the information is inaccurate.
F3961B
Where a person believes that the wrong up-date information has been given under section 116A in relation to the person's certificate, the person may make an application in writing to F411DBS for corrected up-date information.
2
F307The Secretary of StateF307DBS shall consider any application under this section; and where F308heF308it is of the opinion that the information in the certificate is inaccurate F398, or that the wrong up-date information has been given,F308heF308it shall issue a new certificate F399or (as the case may be) corrected up-date information.
F3972A
In this section—
“corrected up-date information”, in relation to a certificate, means information which includes—
- a
information that the wrong up-date information was given in relation to the certificate on a particular date, and
- b
new up-date information in relation to the certificate,
- a
“up-date information” has the same meaning as in section 116A.
F1313
F568Subject to subsection (3A), An application under this section may, in particular, request a review of any information contained in a certificate by virtue of section 113B(4).
F5673A
But an application under this section may not request a review of information contained in a certificate by virtue of section 113B(4) which was or could have been the subject of an appeal under section 20 of the Age of Criminal Responsibility (Scotland) Act 2019.
F5124
The Scottish Ministers, on receiving F569a request mentioned in subsection (3), must ask the chief officer of the relevant police force who provided that information to reconsider whether—
a
the chief officer still reasonably believes that information to be relevant for the purpose in respect of which it was requested, and
b
in the chief officer’s opinion, that information still ought to be included in the certificate.
F5115
This section does not apply to any information which could be the subject of an application under section 116ZB(2).
117AE11F230Other disputes about section 113B(4) information
1
Subsection (2) applies if a person believes that information provided in accordance with section 113B(4) and included in a certificate under section 113B or 116 —
a
is not relevant for the purpose described in the statement under section 113B(2) or (as the case may be) 116(2), or
b
ought not to be included in the certificate.
2
The person may apply in writing to the independent monitor appointed under section 119B for a decision as to whether the information is information which falls within subsection (1)(a) or (b) above.
3
The independent monitor, on receiving such an application, must ask such chief officer of a police force as the independent monitor considers appropriate to review whether the information concerned is information which—
a
the chief officer reasonably believes to be relevant for the purpose described in the statement under section 113B(2) or (as the case may be) 116(2), and
b
in the chief officer's opinion, ought to be included in the certificate.
4
In exercising functions under subsection (3), the chief officer concerned must have regard to any guidance for the time being published under section 113B(4A).
5
If, following a review under subsection (3), the independent monitor considers that any of the information concerned is information which falls within subsection (1)(a) or (b)—
a
the independent monitor must inform F309DBS of that fact, and
b
on being so informed, F309DBS must issue a new certificate.
6
In issuing such a certificate, F310DBS must proceed as if the information which falls within subsection (1)(a) or (b) had not been provided under section 113B(4).
7
In deciding for the purposes of this section whether information is information which falls within subsection (1)(a) or (b), the independent monitor must have regard to any guidance for the time being published under section 113B(4A).
8
Subsections (10) and (11) of section 113B apply for the purposes of this section as they apply for the purposes of that section.
117AE12F464Other disputes about section 113B(4) information
1
Subsection (2) applies if a person believes that information provided in accordance with section 113B(4) and included in a certificate under section 113B or 116—
a
is not relevant for the purpose described in the statement under section 113B(2) or (as the case may be) 116(2), or
b
ought not to be included in the certificate.
2
The person may apply in writing to the independent monitor appointed under section 119B for a decision as to whether the information is information which falls within subsection (1)(a) or (b).
3
The independent monitor, on receiving such an application, must ask such chief officer of a police force as the independent monitor considers appropriate to review whether the information concerned is information which—
a
the chief officer reasonably believes to be relevant for the purpose described in the statement under section 113B(2) or (as the case may be) 116(2), and
b
in the chief officer's opinion, ought to be included in the certificate.
4
In exercising functions under subsection (3), the chief officer concerned must have regard to any guidance for the time being published under section 113B(4A).
5
If, following a review under subsection (3), the independent monitor considers that any of the information concerned is information which falls within subsection (1)(a) or (b)—
a
the independent monitor must inform the Department of that fact, and
b
on being so informed, the Department must issue a new certificate.
6
In issuing such a certificate, the Department must proceed as if the information which falls within subsection (1)(a) or (b) had not been provided under section 113B(4).
7
In deciding for the purposes of this section whether information is information which falls within subsection (1)(a) or (b), the independent monitor must have regard to any guidance for the time being published under section 113B(4A).
8
Subsections (10) and (11) of section 113B apply for the purposes of this section as they apply for the purposes of that section.
117BF514Review of criminal record certificates
Schedule 8A (which provides for an independent review of certain criminal record certificates) has effect.
I7I39118 Evidence of identity.
1
F311The Secretary of StateF311DBS may refuse to issue a certificate under this Part, or to consider F482an application as mentioned in section 116A(4)(a) or (5)(a) or an application under section 117 F483, 117AF142or 120, unless the application is supported by such evidence of identity as F312heF312it may require.
2
In particular, F314the Secretary of StateF314DBS may refuse to issue a certificate or consider an application unless the applicant—
a
has his fingerprints taken at such place and in such manner as may be prescribed, and
b
pays the prescribed fee to such person as may be prescribed.
F1432A
For the purpose of verifying evidence of identity supplied in pursuance of subsection (1) F365the Secretary of StateF365DBS may obtain such information as F313heF313it thinks is appropriate from data held—
b
by the Driver and Vehicle Licensing Agency;
c
by Driver and Vehicle Licensing Northern Ireland;
d
by the Secretary of State in connection with keeping records of national insurance numbers;
e
by such other persons or for such purposes as is prescribed.
F1332B
The Scottish Ministers may require an applicant to have fingerprints taken under subsection (2) only if they are not satisfied by other evidence provided under subsection (1) as to the applicant's identity.
F1343
Regulations dealing with the taking of fingerprints may make provision requiring their destruction in specified circumstances and by specified persons.
F1343
The Scottish Ministers must arrange the destruction of any fingerprints taken in pursuance of subsection (2) as soon as reasonably practicable after they have been used for the purpose mentioned in subsection (1).
F4003A
F412DBS by notice given in writing may require a person who has a certificate which is subject to up-date arrangements under section 116A to attend at a place and time specified in the notice to provide fingerprints for the sole purpose of enabling F412DBS to verify whether information in the possession of F412DBS that F412DBS considers may be relevant to the person's certificate does relate to that person.
3B
If a person fails to comply with a requirement imposed under subsection (3A), F412DBS by notice given in writing may inform that person that, from a date specified in the notice, the person's certificate is to cease to be subject to up-date arrangements.
4
Regulations prescribing a fee for the purposes of subsection (2)(b) shall make provision for a refund in cases of an application under section 117 F484or 117A where a new certificate is issued.
I8I40C17119 Sources of information.
1
Any person who holds records of convictions F210or cautionsF210, cautions or other information for the use of police forces generally shall make those records available to F317the Secretary of StateF317DBSF47for the purposes of an application F48(whether for a certificate or for registration) under this Part.F47for the purpose of enabling F318himF318it to carry out F176his functions under this Part in relation to—
a
any application for a certificate or for registration; or
b
the determination of whether a person should continue to be a registered person.
F176a relevant function
F3161ZA
Any person who holds records of convictions or cautions for the use of police forces generally must make those records available to the Disclosure and Barring Service for the purpose of enabling it to carry out its functions under paragraph 1, 2, 7 or 8 of Schedule 1 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007.
F2611A
F320The Secretary of State may require the F319Disclosure and Barring Service to make available specified information for the purpose of enabling the Secretary of State to carry out functions under this Part in relation to—
a
any application for a certificate or for registration;
F402aa
the provision of up-date information under section 116A; or
b
the determination of whether a person should continue to be a registered person.
F1781B
F323The Secretary of StateF323DBS may require the chief officer of a police force to make available such information as F324heF324it may specify for the purpose of F486determining, in relation to applications under section 113B, whether the police force is a relevant police forceF486deciding whether to make a request to that chief officer under section 113B(4).
2
F4012A
Where, in connection with the provision of up-date information under section 116A, the chief officer of a police force receives a request for information of the kind mentioned in section 113B(4), the chief officer of police must comply with it as soon as practicable.
F5702A
But the chief constable of the Police Service of Scotland may provide information mentioned in section 113B(4) relating to a time when the applicant was under 12 years of age only where—
a
the independent reviewer determines, on a review under section 18 of the Age of Criminal Responsibility (Scotland) Act 2019, that the information ought to be included in the certificate and—
i
no appeal under section 20 of that Act is taken, or
ii
such an appeal having been taken, the sheriff confirms the determination under section 20(3)(a), or
b
the sheriff, on an appeal under section 20, determines under section 20(3)(b) that the information ought to be included in the certificate.
F6132B
Subsection (2A) (as inserted by section 10(1) of the 2019 Act) applies in relation to the following persons as it applies in relation to the chief constable of the Police Service of Scotland—
a
the chief constable of—
i
a police force in England and Wales;
ii
the Police Service of Northern Ireland;
iii
the Ministry of Defence Police;
iv
the British Transport Police;
v
the Civil Nuclear Constabulary;
b
the Provost Marshal of—
i
the Royal Navy Police;
ii
the Royal Military Police;
iii
the Royal Air Force Police;
c
the Director General of the National Crime Agency.
3
4
Any person who holds records of fingerprints for the use of police forces generally shall make those records available to F326the Secretary of StateF326DBSF47for the purposes of an application under this Part.F47for the purpose of enabling F327himF327it to carry out F328hisF328its functions under this Part in relation to—
a
any application for a certificate or for registration;
F404aa
any application as mentioned in section 116A(4)(a) or (5)(a); or
b
the determination of whether a person should continue to be a registered person.
F3154A
DBS may require the Secretary of State to provide it with the information and advice specified in section 113CD(2) to (6) for the purpose of enabling DBS to carry out its functions under section 113CD.
F4854A
The Department of Justice may provide to the Disclosure and Barring Service any information it holds for the purposes of this Part in order to enable the Disclosure and Barring Service to determine whether, in relation to any person, paragraph 1, 2, 3, 5, 7, 8, 9 or 11 of Schedule 1 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 applies or appears to apply.
5
F1456
For the purposes of this section references to a police force include any body mentioned in subsections (10)(a) to (i) and (11) of section 113B and references to a chief officer must be construed accordingly.
7
In the case of such a body the reference in subsection (3) to the appropriate F223local policing body or police authority must be construed as a reference to such body as is prescribed.
F5717A
In this section, “independent reviewer” means the independent reviewer appointed under section 12 of the Age of Criminal Responsibility (Scotland) Act 2019.
F1778
a
under this Part in relation to any application for a certificate or for registration;
F403aa
under this Part in relation to any request under section 116A(1);
b
under this Part in relation to the determination of whether a person should continue to be a registered person;
F263c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
119AF59Further sources of information: Scotland
1
Any person who holds, in Scotland, records of convictions F213or other information for the use of police forces generally shall make those records available to the Scottish Ministers for the purpose of enabling them to carry out their functions under this Part in relation to the determination of whether a person should continue to be a person registered under section 120.
2
Where a person holds records of convictions F211, cautions or other information for the use of police forces generally (but is not required by subsection (1) or section 119(1) to make those records available to the Scottish Ministers) the Scottish Ministers may request that person to make those records available to them F212... .
3
In subsection (1), “person” does not include—
a
a public body; or
b
a holder of a public office,
unless that person is a Scottish public authority (as defined in section 126(1) of the Scotland Act 1998 (c. 46)).
4
This section is without prejudice to section 119; and subsection (5) of that section shall apply in relation to records made available in accordance with this section as it does in relation to information made available in accordance with that section.
119BF154Independent monitor
1
There is to be an independent monitor for the purposes of this Part.
2
The independent monitor is a person appointed by the Secretary of State—
a
for such period, not exceeding three years, as the Secretary of State decides;
b
on such terms as the Secretary of State decides.
3
A person may be appointed for a further period or periods.
4
The Secretary of State may terminate the appointment of the independent monitor before the end of the period mentioned in subsection (2)(a) by giving the monitor notice of the termination not less than three months before it is to take effect.
F1904A
Before appointing a person to be the independent monitor, or terminating the appointment of the independent monitor, the Secretary of State must consult the Department of Justice in Northern Ireland.
5
The independent monitor must review—
F487a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
a sample of cases in which a certificate issued under section 113B has included information in pursuance of subsection (4)(b) of that section;
c
a sample of cases in which the chief officer of a police force has decided that information must not be included in a certificate or report in pursuance of section 113B(4)(b) F267or disclosed in pursuance of section 113B(5)(c) and (6)(b);
F405ca
F266d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F266e
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
The purpose of a review under subsection (5) is to ensure compliance with Article 8 of the European Convention of Human Rights.
7
The independent monitor must in relation to each year make a report to the Secretary of State about the performance of police forces in exercising their functions under this Part.
8
The independent monitor may make recommendations to the Secretary of State as to—
a
any guidance issued by the Secretary of State or which the monitor thinks it would be appropriate for the Secretary of State to issue;
b
any changes to any enactment which the monitor thinks may be appropriate.
F2658A
The independent monitor has the functions conferred on the monitor by section 117A.
F4888A
The independent monitor has the functions conferred on the monitor by section 117A.
9
The chief officer of a police force must provide to the independent monitor such information as the monitor reasonably requires in connection with the exercise of his functions under this section F489or section 117A.
E15I9120 Registered persons.
1
For the purposes of this Part a registered person is a person who is listed in a register to be maintained by F270DBS for the purposes of this Part.
F1112
F271DBS shall include in the register any person who—
b
satisfies the conditions in subsections (4) to (6), F232...
F232c
...
F2332A
Subsection (2) is subject to—
a
regulations under section 120ZA,
b
section 120A, and
c
section 120AA and regulations made under that section.
F1123
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
A person applying for registration under this section must be—
a
a body corporate or unincorporate,
b
c
an individual F229aged 18 or over who employs others in the course of a business.
5
A body applying for registration under this section must satisfy F272DBS that it—
a
is likely to ask exempted questions, or
6
A person, other than a body, applying for registration under this section must satisfy F273DBS that he is likely to ask exempted questions.
7
In this section “exempted question” has the same meaning as in section F100113A.
E1I10120 Registered persons.
1
For the purposes of this Part a registered person is a person who is listed in a register to be maintained by the Secretary of State for the purposes of this Part.
2
3
The Secretary of State may make regulations about the maintenance of the register; and regulations may, in particular, provide for—
a
the information to be included in the register,
F61aa
the nomination by—
i
a body corporate or unincorporate; or
ii
a person appointed to an office by virtue of an enactment,
whether that body or person is registered or applying to be registered, of an individual to act for it or, as the case may be, him in relation to the countersigning of applications under this Part;
ab
the refusal by the Scottish Ministers, on such grounds as may be specified in or determined under the regulations, to accept or to continue to accept any nomination made by virtue of this subsection;
ac
as to the period which must elapse before any person refused registration or removed from the register may apply to be included in the register;
b
the removal from the register of persons who are, in the opinion of the Secretary of State, no longer likely to wish to countersign applications under section F98113A or 113B, and
c
the payment of fees.
4
A person applying for registration under this section must be—
a
a body corporate or unincorporate,
b
a person appointed to an office by virtue of any enactment, or
c
an individual who employs others in the course of a business.
5
A body applying for registration under this section must satisfy the Secretary of State that it—
a
is likely to ask exempted questions, or
b
is likely to countersign applications under section F99113A or 113B at the request of bodies or individuals asking exempted questions.
6
A person, other than a body, applying for registration under this section must satisfy the Secretary of State that he is likely to ask exempted questions.
7
In this section “exempted question” has the same meaning as in section F100113A.
E10I20 120 Registered persons.
1
For the purposes of this Part a registered person is a person who is listed in a register to be maintained by the Secretary of State for the purposes of this Part.
F1112
F466The Secretary of State shall include in the register any person who—
a
applies to him in writing to be registered, F467 and
b
satisfies the conditions in subsections (4) to (6),F468...
F468c
...
F4692A
Subsection (2) is subject to—
a
regulations under section 120ZA,
b
section 120A, and
c
section 120AA and regulations made under that section.
F112 3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
A person applying for registration under this section must be—
a
a body corporate or unincorporate,
b
a person appointed to an office by virtue of any enactment, or
c
an individual who employs others in the course of a business.
F4494A
An individual under the age of 18 applying for registration undersubsection (4)(b) or (c) must satisfy the Department that there is good reason for being registered.
5
A body applying for registration under this section must satisfy the Secretary of State that it—
a
is likely to ask exempted questions, or
6
A person, other than a body, applying for registration under this section must satisfy the Secretary of State that he is likely to ask exempted questions.
7
In this section “ exempted question ” has the same meaning as in section F100113A .
I24120ZAF115Regulations about registration
1
The Secretary of State may by regulations make further provision about registration.
2
Regulations under this section may in particular make provision for—
a
the payment of fees,
b
the information to be included in the register,
c
the registration of any person to be subject to conditions,
d
the nomination by—
i
a body corporate or unincorporate, or
ii
a person appointed to an office by virtue of any enactment,
of the individuals authorised to act for it or, as the case may be, him in relation to the countersigning of applications under this Part F492or the transmitting of applications under section 113A(2A) or 113B(2A), and
3
The provision which may be made by virtue of subsection (2)(c) includes provision—
a
4
The conditions imposed by virtue of subsection (2)(c) may in particular include conditions—
a
requiring a registered person, before F493acting as the registered person in relation to an application at an individual’s request, to verify the identity of that individual in the prescribed manner,
b
c
requiring a registered person to comply with any code of practice for the time being in force under section 122.
120ZBF191Regulations about registration
1
The Scottish Ministers may by regulations make further provision about registration.
2
Regulations under this section may in particular make provision for—
a
the payment of fees;
b
the information to be included in the register;
c
the registration of any person to be subject to conditions;
d
the nomination by—
i
a body corporate or unincorporated; or
ii
a person appointed to an office by virtue of an enactment, whether that body or person is registered or applying to be registered,
of an individual to act for the body or, as the case may be, person in relation to disclosure applications;
e
the refusal by the Scottish Ministers, on such grounds as may be specified in or determined under the regulations, to accept or to continue to accept any nomination made by virtue of this section;
f
the refusal by the Scottish Ministers to include persons who, in the opinion of the Scottish Ministers, are likely to act in relation to fewer disclosure applications in any period of 12 months than a minimum number specified in the regulations;
g
the removal from the register of persons who have, in any period of 12 months during which they were registered, acted in relation to fewer disclosure applications than the minimum number specified under paragraph (f);
h
the removal from the register of persons who are, in the opinion of the Scottish Ministers, no longer likely to wish to act in relation to disclosure applications;
i
the removal from the register of any person who has breached any condition of the person's registration; and
j
the period which must elapse before any person refused registration or removed from the register may apply to be included in the register.
F1922A
The provision which may be made by virtue of subsection (2)(a) includes in particular provision for—
a
the payment of fees in respect of applications to be listed in the register,
b
the payment of different fees in different circumstances,
c
annual or other recurring fees to be paid in respect of registration, and
d
such annual or other recurring fees to be paid in advance or in arrears.
2B
Where provision is made under subsection (2)(a) for a fee to be charged in respect of an application to be listed in the register, the Scottish Ministers need not consider the application unless the fee is paid.
3
The provision which may be made by virtue of subsection (2)(c) includes provision—
a
for the registration or continued registration of any person to be subject to prescribed conditions or, if the regulations so provide, such conditions as the Scottish Ministers think fit; and
b
for the Scottish Ministers to vary or revoke those conditions.
4
In subsection (2), references to acting in relation to disclosure applications are to be read as references to—
a
countersigning applications under section 113A or 113B; or
b
making declarations in relation to requests for disclosures under section 52 or 53 of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14).
I21C18120AE4F33 Refusal and cancellation of registration F113on grounds related to disclosure
1
F274DBS may refuse to include a person in the register maintained for the purposes of this Part if it appears to F283it that the registration of that person is likely to make it possible for information to become available to an individual who, in F274DBS's opinion, is not a suitable person to have access to that information.
2
a
that the registration of that person is likely to make it possible for information to become available to an individual who, in F275DBS's opinion, is not a suitable person to have access to that information; or
b
that the registration of that person has resulted in information becoming known to such an individual.
C83
In determining for the purposes of this section whether an individual is a suitable person to have access to any information, F276DBS may have regard, in particular, to—
a
any information relating to that person which concerns a relevant matter;
F224b
any information relating to the person of a kind specified in subsection (3A);
c
any information provided to F276DBS under subsection (4).
F2253A
The information is—
a
whether the person is barred from regulated activity;
F236b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F236c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
whether the person is subject to a direction under section 167A of the Education Act 2002 (prohibition on participation in management of independent school).
F2373B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2373C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3D
4
It shall be the duty of the chief officer of any police force to comply, as soon as practicable after receiving it, with any request by F277DBS to provide F277DBS with information which—
a
is available to the chief officer;
b
relates to—
i
an applicant for registration;
ii
a registered person; or
iii
an individual who is likely to have access to information in consequence of F165a particular applicant for registration, or a particular registered person, acting as the registered person in relation to applications under this Part;
and
c
concerns a matter which F277DBS has notified to the chief officer to be a matter which, in the opinion of F277DBS, is relevant to the determination of the suitability of individuals for having access to the information that may be provided in consequence of F166a person acting as the registered person in relation to applications under this Part.
5
In this section “relevant matter” has the same meaning as in section F101113A.
F1196
For the purposes of this section references to a police force include any body mentioned in subsections (10)(a) to (i) and (11) of section 113B and references to a chief officer must be construed accordingly.
F2357
The Secretary of State may by order made by statutory instrument amend subsection (3A) for the purpose of altering the information specified in that subsection.
8
Such an order is subject to annulment in pursuance of a resolution of either House of Parliament.
C14120AE6F58Refusal and cancellation of registration: Scotland
1
The Scottish Ministers may refuse to include a person in, or may remove a person from, a register maintained under section 120 for the purposes of this Part if it appears to them that the registration of that person is likely to make it possible for information to become available to an individual who, in their opinion, is not a suitable person to have access to that information.
2
The Scottish Ministers may also remove a person from any such register if it appears to them that the registration of that person has resulted in information becoming known to such an individual.
3
In determining, for the purposes of this section, whether an individual is a suitable person to have access to information, the Scottish Ministers may have regard, in particular, to—
a
any information relating to the individual which concerns a relevant matter (“relevant matter” having the same meaning as in section F81113A);
b
whether that person is included in any list mentioned in section F82113C(3) or 113D(3);
c
any information provided to them under subsection (4);
d
any information provided to them by the chief officer of a police force in England and Wales or Northern Ireland in response to a request by them for such information as is available to that officer, relates to any such matter as is mentioned in paragraph (b) of subsection (4) and concerns such matter as is mentioned in paragraph (c) of that subsection;
e
anything which has been done—
i
under subsection (1) or (2) or section 122(3); or
ii
in England and Wales or Northern Ireland under the provisions of this Act which apply in England and Wales or Northern Ireland and correspond to subsection (1) or (2),
and any information on the basis of which that thing was done.
4
A chief constable of a police force in Scotland shall comply, as soon as practicable after receiving it, with any request by the Scottish Ministers to provide them with information which—
a
is available to him;
b
relates to—
i
an applicant for registration under section 120;
ii
a person so registered;
iii
an individual who is likely to have access to information in consequence of the countersigning of applications by a particular applicant for such registration or by a particular person so registered; and
c
concerns a matter which they have notified the chief constable is a matter which in their opinion is relevant to the determination of the suitability of individuals for having access to information which may be provided by virtue of this Part.
5
The Scottish Ministers shall pay to a police authority F80such fee as they consider appropriate.
F1206
For the purposes of this section references to a police force include any body mentioned in subsections (10)(a) to (i) and (11) of section 113B and references to a chief officer must be construed accordingly.
F837
In the case of such a body the reference in subsection (5) to a police authority must be construed as a reference to such body as is prescribed.
I21C18C14120AE4F33 Refusal and cancellation of registration F113on grounds related to disclosure
1
The Secretary of State may refuse to include a person in the register maintained for the purposes of this Part if it appears to him that the registration of that person is likely to make it possible for information to become available to an individual who, in The Secretary of State's opinion, is not a suitable person to have access to that information.
2
The Secretary of State may remove a person from the register if it appears to the Secretary of State—
a
that the registration of that person is likely to make it possible for information to become available to an individual who, in the Secretary of State's opinion, is not a suitable person to have access to that information; or
b
that the registration of that person has resulted in information becoming known to such an individual.
C83
In determining for the purposes of this section whether an individual is a suitable person to have access to any information, the Secretary of State may have regard, in particular, to—
a
any information relating to that person which concerns a relevant matter;
F224b
any information relating to the person of a kind specified in subsection (3A);
c
any information provided to the Secretary of State under subsection (4).
F2253A
The information is—
a
whether the person is barred from regulated activity;
F236b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F236c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
whether the person is subject to a direction under section 167A of the Education Act 2002 (prohibition on participation in management of independent school).
F2373B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2373C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3D
4
It shall be the duty of the chief officer of any police force to comply, as soon as practicable after receiving it, with any request by the Secretary of State to provide the Secretary of State with information which—
a
is available to the chief officer;
b
relates to—
i
an applicant for registration;
ii
a registered person; or
iii
an individual who is likely to have access to information in consequence of F471 a particular applicant for registration, or a particular registered person, acting as the registered person in relation to applications under this Part ;
and
c
concerns a matter which the Secretary of State has notified to the chief officer to be a matter which, in the opinion of the Secretary of State, is relevant to the determination of the suitability of individuals for having access to the information that may be provided in consequence of F476 a person acting as the registered person in relation to applications under this Part.
5
In this section “relevant matter” has the same meaning as in section F101113A.
F1196
For the purposes of this section references to a police force include any body mentioned in subsections (10)(a) to (i) and (11) of section 113B and references to a chief officer must be construed accordingly.
F2357
The Secretary of State may by order made by statutory instrument amend subsection (3A) for the purpose of altering the information specified in that subsection.
8
Such an order is subject to annulment in pursuance of a resolution of either House of Parliament.
I22120AAE13F114Refusal, cancellation or suspension of registration on other grounds
1
2
Subsection (3) applies where a registered person—
a
b
has, in any period of twelve months during which he was registered, F163acted as the registered person in relation to fewer applications under this Part than the minimum number specified in respect of him by regulations under subsection (1), or
c
has failed to comply with any condition of his registration.
3
Subject to section 120AB, F337DBS may—
a
suspend that person’s registration for such period not exceeding 6 months as F337DBS thinks fit, or
b
remove that person from the register.
F2684
Subsection (6) applies if an application is made under section 120 by an individual who—
a
has previously been a registered person; and
b
has been removed from the register (otherwise than at that individual's own request).
5
Subsection (6) also applies if an application is made under section 120 by a body corporate or unincorporate which—
a
has previously been a registered person; and
b
has been removed from the register (otherwise than at its own request).
6
F336DBS may refuse the application.
I22120AAE14Refusal, cancellation or suspension of registration on other grounds
1
Regulations may make provision enabling the Secretary of State in prescribed cases to refuse to register a person who, in the opinion of the Secretary of State, is likely to F472 act as the registered person in relation to fewer applications under this Part in any period of twelve months than a prescribed minimum number.
2
Subsection (3) applies where a registered person—
a
is, in the opinion of the Secretary of State, no longer likely to wish to F473act as the registered person in relation to applications under this Part,
b
has, in any period of twelve months during which he was registered, F474 acted as the registered person in relation to fewer applications under this Part than the minimum number specified in respect of him by regulations under subsection (1), or
c
has failed to comply with any condition of his registration.
3
Subject to section 120AB, the Secretary of State may—
a
suspend that person’s registration for such period not exceeding 6 months as the Secretary of State thinks fit, or
b
remove that person from the register.
F4754
Subsection (6) applies if an application is made under section 120 by an individual who—
a
has previously been a registered person; and
b
has been removed from the register (otherwise than at that individual's own request).
5
Subsection (6) also applies if an application is made under section 120 by a body corporate or unincorporate which—
a
has previously been a registered person; and
b
has been removed from the register (otherwise than at its own request).
6
The Department may refuse the application.
I23120ABProcedure for cancellation or suspension under section 120AA
1
2
Every such notice must—
a
b
inform the person concerned of his right under subsection (3) to make representations.
3
4
After considering such representations, F343the Secretary of StateF343DBS must give the registered person written notice—
a
that at the end of a further period of six weeks beginning with the date of service, the person’s registration will be cancelled or suspended, or
5
6
7
Any notice under this section that is required to be given in writing may be given by being transmitted electronically.
8
This section does not apply where—
a
b
the registered person has requested to be removed from the register.
9
The Secretary of State may by regulations amend subsection (4)(a) by substituting for the period there specified, such other period as may be specified in the regulations.
120ACE16F226Registered persons: information on progress of an application
1
F347DBS must, in response to a request from a person who is acting as the registered person in relation to an application under section 113A or 113B, inform that person whether or not a certificate has been issued in response to the application.
2
Subsections (3) and (4) apply if, at the time a request is made under subsection (1), a certificate has been issued.
3
In the case of a certificate under section 113A, if it was a certificate stating that there is no relevant matter recorded in central records, F348DBS may inform the person who made the request that the certificate was such a certificate.
4
In the case of a certificate under section 113B, if it was a certificate—
a
stating that there is no relevant matter recorded in central records and no information provided in accordance with subsection (4) of that section, and
b
if section 113BA(1) or 113BB(1) applies to the certificate, containing no suitability information indicating that the person to whom the certificate is issued—
i
is barred from regulated activity relating to children or to vulnerable adults, or
ii
is subject to a direction under 128 of the Education and Skills Act 2008 or section 167A of the Education Act 2002,
F349DBS may inform the person who made the request that the certificate was such a certificate.
5
6
Subject to subsections (2) to (4), nothing in this section permits F351DBS to inform a person who is acting as the registered person in relation to an application under section 113A or 113B of the content of any certificate issued in response to the application.
7
F352DBS may refuse a request under subsection (1) if it is made after the end of a prescribed period beginning with the day on which the certificate was issued.
8
In this section—
“central records” and “relevant matter” have the same meaning as in section 113A,
“suitability information” means information required to be included in a certificate under section 113B by virtue of section 113BA or 113BB.
9
Expressions in subsection (4)(b) and in the Safeguarding Vulnerable Groups Act 2006 have the same meaning in that paragraph as in that Act.
120ACE17F465Registered persons: information on progress of an application
1
The Department must, in response to a request from a person who is acting as the registered person in relation to an application under section 113A or 113B, inform that person whether or not a certificate has been issued in response to the application.
2
Subsections (3) and (4) apply if, at the time a request is made under subsection (1), a certificate has been issued.
3
In the case of a certificate under section 113A, if it was a certificate stating that there is no relevant matter recorded in central records, the Department may inform the person who made the request that the certificate was such a certificate.
4
In the case of a certificate under section 113B, if it was a certificate—
a
stating that there is no relevant matter recorded in central records and no information provided in accordance with subsection (4) of that section, and
b
if section 113BA(1) or 113BB(1) applies to the certificate, containing no suitability information indicating that the person to whom the certificate is issued—
i
is barred from regulated activity relating to children or to vulnerable adults, or
ii
is included in a list kept under Article 70(2)(e)(iii) or 88A(2)(b)(iii) of the Education and Libraries (Northern Ireland) Order 1986,
the Department may inform the person who made the request that the certificate was such a certificate.
5
If no certificate has been issued, the Department must inform the person who made the request of such other matters relating to the processing of the application as the Department considers appropriate.
6
Subject to subsections (2) to (4), nothing in this section permits the Department to inform a person who is acting as the registered person in relation to an application under section 113A or 113B of the content of any certificate issued in response to the application.
7
The Department may refuse a request under subsection (1) if it is made after the end of a prescribed period beginning with the day on which the certificate was issued.
8
In this section—
“central records” and “relevant matter” have the same meaning as in section 113A;
“suitability information” means information required to be included in a certificate under section 113B by virtue of section 113BA or 113BB.
9
Expressions in subsection (4)(b) and in the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 have the same meaning in that paragraph as in that Order.
120ADE16Registered persons: copies of certificates in certain circumstances
1
Subsection (2) applies if—
a
F353DBS gives up-date information in relation to a criminal record certificate or enhanced criminal record certificate,
b
the up-date information is advice to apply for a new certificate or (as the case may be) request another person to apply for such a certificate, and
c
the person whose certificate it is in respect of which the up-date information is given applies for a new criminal record certificate or (as the case may be) enhanced criminal record certificate.
2
F354DBS must, in response to a request made within the prescribed period by the person who is acting as the registered person in relation to the application, send to that person a copy of any certificate issued in response to the application if the registered person—
a
has counter-signed the application or transmitted it to F354DBS under section 113A(2A) or 113B(2A),
b
has informed F354DBS that the applicant for the new certificate has not, within such period as may be prescribed, sent a copy of it to a person of such description as may be prescribed, and
c
no prescribed circumstances apply.
3
The power under subsection (2)(b) to prescribe a description of person may be exercised to describe the registered person or any other person.
4
In this section “up-date information” has the same meaning as in section 116A.
120ADE17F465Registered persons: copies of certificates in certain circumstances
1
Subsection (2) applies if—
a
the Department gives up-date information in relation to a criminal record certificate or enhanced criminal record certificate,
b
the up-date information is advice to apply for a new certificate or (as the case may be) request another person to apply for such a certificate, and
c
the person whose certificate it is in respect of which the up-date information is given applies for a new criminal record certificate or (as the case may be) enhanced criminal record certificate.
2
The Department must, in response to a request made within the prescribed period by the person who is acting as the registered person in relation to the application, send to that person a copy of any certificate issued in response to the application if the registered person—
a
has counter-signed the application or transmitted it to the Department under section 113(2A) or 113B(2A),
b
has informed the Department that the applicant for the new certificate has not, within such period as may be prescribed, sent a copy of it to a person of such description as may be prescribed, and
c
no prescribed circumstances apply.
3
The power under subsection (2)(b) to prescribe a description of person may be exercised to describe the registered person or any other person.
4
In this section “up-date information” has the same meaning as in section 116A.
I11121 Performance by constables on central service in Scotland of functions under this Part.
F135In Scotland a constable engaged on central service (within the meaning of section 38 of the M8Police (Scotland) Act 1967) may perform functions under this Part (other than functions F86 in relation to the making of regulations or orders) on behalf of the Secretary of State; and without prejudice to the application of subsection (5) of section 119 in respect of any other person performing functions on behalf of the Secretary of State, that subsection shall apply in respect of any constable performing functions by virtue of this section as the subsection applies in respect of the Secretary of State.
E8I12I25122 Code of practice.
1
The Secretary of State shall publish, and may from time to time revise, a code of practice in connection with the use of information provided to F218, or the discharge of any function by, registered persons under this Part.
F3921A
The reference in subsection (1) to the use of information provided to registered persons under this Part includes a reference to the use of information provided in accordance with section 116A(1) to relevant persons (within the meaning of that section) who are not registered persons under this Part.
2
The Secretary of State shall lay before Parliament the code of practice under this section as soon as practicable after publication and after revision.
3
F156Subsection (3A) applies if F278the Secretary of StateF278DBS thinks that the F167registered person who countersignedF167person who acted as the registered person in relation to an application for a certificate under section 113A or 113B—
a
has failed to comply with the code of practice under this section, or
F1553A
a
F463refuse to issue the certificate;
b
suspend the registration of the person;
c
cancel the registration of the person.
3B
E9I12I25122 Code of practice.
1
The Secretary of State shall publish, and may from time to time revise, a code of practice in connection with the use of information provided to F51, or the discharge of any function by, registered persons under this Part.
2
The Secretary of State shall lay before Parliament the code of practice under this section as soon as practicable after publication and after revision.
3
The Secretary of State may refuse to issue a certificate under section F219113A or 113BF214, or make a disclosure under section 52 or 53 of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), if he believes that the registered person who countersigned the application F215or, as the case may be, made the declaration in relation to the disclosure request —
a
has failed to comply with the code of practice under this section, or
b
countersigned F216or, as the case may be, made the declaration acted as the registered person at the request of a body which, or individual who, has failed to comply with the code of practice.
F504
Where the Scottish Ministers have reason to believe that—
a
a registered person; or
b
a body or individual at whose request a registered person
F220i
ii
has made or is likely to make a declaration in relation to a disclosure request made under section 52 or 53 of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14)
has failed to comply with the code of practice, they may remove the registered person from the register or impose conditions on him as respects his continuing to be listed in the register.
I26122AF116Delegation of functions of Secretary of State
F3581
The Secretary of State may, to such extent and subject to such conditions as he thinks fit, delegate any relevant function of his under this Part to such person as he may determine.
2
A function is relevant for the purposes of subsection (1) if it does not consist of a power—
a
to make regulations, or
b
to publish or revise a code of practice or to lay any such code before Parliament.
3
A delegation under subsection (1) may be varied or revoked at any time.
122BF122Delegation of functions of Scottish Ministers
1
The Scottish Ministers may, to such extent and subject to such conditions as they think appropriate, delegate any of their functions under this Part (other than excepted functions) to such person as they may determine.
2
An excepted function is a function—
a
relating to the making of regulations or orders;
b
relating to the publishing or revising of a code of practice;
c
relating to the laying of a code of practice before the Scottish Parliament;
d
relating to the determination of an appropriate fee under section 113B(5A) or 119(3); or
e
under section 125A.
3
A delegation under subsection (1) may be varied or revoked at any time.
4
No proceedings are competent against a person performing functions delegated under this section by reason of an inaccuracy in the information made available or provided to the person in accordance with section 119.
I13I27123 Offences: falsification, &c.
1
A person commits an offence if, with intent to deceive, he—
a
makes a false certificate under this Part,
b
alters a certificate under this Part,
c
uses a certificate under this Part which relates to another person in a way which suggests that it relates to himself, or
d
allows a certificate under this Part which relates to him to be used by another person in a way which suggests that it relates to that other person.
2
A person commits an offence if he knowingly makes a false statement for the purpose of obtaining, or enabling another person to obtain, a certificate under this Part.
3
A person who is guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.
I14I28124 Offences: disclosure.
1
A member, officer or employee of a body registered under section 120 commits an offence if he discloses information provided following an application under section F103113A or 113B unless he discloses it, in the course of his duties,—
a
to another member, officer or employee of the registered body,
b
2
Where information is provided under section F104113A or 113B following an application F169countersignedF169in relation to which the person who acted as the registered person did so at the request of a body which is not registered under section 120, a member, officer or employee of the body commits an offence if he discloses the information unless he discloses it, in the course of his duties, to another member, officer or employee of that body.
3
Where information is provided under section F105113A or 113B following an application F170countersigned by or at the request of an individualF170in relation to which an individual acted as the registered person, or in relation to which the person who acted as the registered person did so at the request of an individual—
a
the individual commits an offence if he discloses the information unless he discloses it to an employee of his for the purpose of the employee’s duties, and
b
an employee of the individual commits an offence if he discloses the information unless he discloses it, in the course of his duties, to another employee of the individual.
4
Where information provided under section F106113A or 113B is disclosed to a person and the disclosure—
a
is an offence under this section, or
b
would be an offence under this section but for subsection F494(5) or (6)(a), (d), (e) or (f),
5
6
Subsections (1) to (4) do not apply to a disclosure of information contained in a certificate under section F107113A or 113B which is made—
a
with the written consent of the applicant for the certificate, or
b
to a government department, or
c
to a person appointed to an office by virtue of any enactment, or
d
in accordance with an obligation to provide information under or by virtue of any enactment, or
e
for the purposes of answering an exempted question (within the meaning of section F109113A) of a kind specified in regulations made by the Secretary of State, or
f
for some other purpose specified in regulations made by the Secretary of State.
7
A person who is guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 3 on the standard scale, or to both.
I29124AE5F117Further offences: disclosure of information obtained in connection with delegated function
1
Any person who is engaged in the discharge of functions conferred by this Part on F280the Secretary of StateF280DBS commits an offence if he discloses information which has been obtained by him in connection with those functions and which relates to a particular person unless he discloses the information, in the course of his duties,—
a
to another person engaged in the discharge of those functions,
b
c
to an applicant F393... who is entitled under this Part to the information disclosed to him.
2
Where information is disclosed to a person and the disclosure—
a
is an offence under subsection (1), or
b
would be an offence under subsection (1) but for subsection (3)(a), (d) or (e),
the person to whom the information is disclosed commits an offence if he discloses it to any other person.
3
Subsection (1) does not apply to a disclosure of information which is made—
a
with the written consent of the person to whom the information relates,
b
to a government department,
c
to a person appointed to an office by virtue of any enactment,
d
in accordance with an obligation to provide information under or by virtue of any enactment, or
e
for some other purpose specified in regulations made by the Secretary of State.
4
A person who is guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 3 on the standard scale, or to both.
5
In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003, the reference in subsection (4) to 51 weeks is to be read as a reference to 6 months.
F1186
For the purposes of this section the reference to a police force includes any body mentioned in subsections (10)(a) to (i) and (11) of section 113B and the reference to a chief officer must be construed accordingly.
F2346A
For the purposes of this section the reference to an applicant includes a person who makes a request under section 116A(1), 120AC(1) or 120AD(2).
124AE7Review of certain decisions as to registration
1
Where the Scottish Ministers decide to refuse to include a person in the register maintained for the purposes of this Part or, other than by virtue of section 120(3)(b), to remove him from that register they shall notify him in writing of that decision and of their reason for so deciding and shall send a copy of that notification to the Secretary of State.
2
If the person considers that the information upon which the decision was based may have been inaccurate he may, by written notice to the Scottish Ministers setting out his reason for so considering, require them to review the decision; and they shall notify him in writing of the results of their review and of any consequential change in the decision and shall send a copy of—
a
the notice; and
b
the notification,
to the Secretary of State.
3
Any notification given by the Scottish Ministers under subsection (1) or (2) shall include information as to the provisions of any regulations made under section 120(3)(ac).
4
The Scottish Ministers may, for the purposes of this section, make regulations as to procedure; and such regulations may, in particular, make provision in relation to—
a
information to be included in any notification under subsection (1) or (2); and
b
the period within which—
i
a requirement may be made under subsection (2); or
ii
a decision under subsection (1) is to be implemented.
124BF62Scottish annotated list of certificated persons
1
The Scottish Ministers shall maintain an annotated list for the purposes of this Part and shall include in that list all persons to whom a criminal record certificate, or as the case may be an enhanced criminal record certificate, has been issued under any of sections 113 to 116 of this Act.
2
The Scottish Ministers may make regulations about the maintenance of the list; and such regulations may, in particular, provide for—
a
the information to be included in the list;
b
the details to be provided, for the purposes of this section, by persons applying to be issued a criminal record certificate or enhanced criminal record certificate or countersigning any such application;
c
the procedure to be followed as respects the exercise of such discretion as is afforded them by subsection (3).
3
The Scottish Ministers may, as respects a person included in the list, if they are satisfied that it is appropriate to do so, notify the registered person who countersigned his application for the certificate in question (or on whose behalf that application was countersigned) or whomever else made the requisite statement which accompanied that application, about any relevant matter relating to the listed person (“relevant matter” having the same meaning as in section 113(5)) of which they become aware after issuing that certificate.
4
The Scottish Ministers are not to be satisfied as is mentioned in subsection (3) unless they are satisfied that the exempted question for the purpose of which the certificate was required remains relevant for the person to whom notification would, under that subsection, be given.
5
Regulations under paragraph (c) of subsection (2)—
a
shall provide for there to be an opportunity for a listed person to make representations as respects whether the Scottish Ministers should be satisfied as is mentioned in subsection (3) and require them to have regard to those representations before giving notification under that subsection; and
b
may require the person who would receive that notification (not being a person who is a Minister of the Crown) to provide them with such information as is in his possession and to which it would be appropriate for them to have regard as respects the exercise of the discretion mentioned in that paragraph.
I15I30125 Regulations.
1
Anything authorised or required by any provision of this Part to be prescribed shall be prescribed by regulations made by the Secretary of State.
F4371A
In prescribing the amount of a fee that—
a
is payable in relation to applications under a particular provision of this Part, but
b
is not payable in relation to applications made by volunteers,
the Secretary of State may take into account not only the costs associated with applications in relation to which the fee is payable but also the costs associated with applications under that provision made by volunteers.
2
Regulations under this Part shall be made by statutory instrument.
F1473
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
A statutory instrument F148... shall be subject to annulment pursuant to a resolution of either House of Parliament.
5
Regulations under this Part may make different provision for different cases.
F1106
125AF121Form of applications
1
It is for the Scottish Ministers to determine the form and manner in which applications must be made for the purposes of sections 112(1)(a), 113A(1)(a), 113B(1)(a), 114(1)(a), 116(1)(a), 117(1), and 120(2).
2
The Scottish Ministers may, in particular, determine that such applications may be made in electronic form (and may be signed or countersigned electronically).
3
The Scottish Ministers need not consider any such application unless it is made in the form and manner determined by them (or in a form and manner as close to that as circumstances permit).
125BF188Form of applications
1
2
A determination may, in particular, impose requirements about the form or manner in which an electronic application is to be signed or countersigned.
F4953
In this section “application” includes a request under section 116A(1), 120AC(1) or 120AD(2).
I16I31126 Interpretation of Part V.
1
In this Part—
“caution” means a caution given to a person in England and Wales or Northern Ireland in respect of an offence which, at the time when the caution is given, he has admitted;
“certificate” means any one or more documents issued in response to a particular application F496but does not include any documents issued in response to—
- a
a request under section 116A(1),
- b
an application as mentioned in section 116A(4)(a) or (5)(a), or
- c
a request under section 120AC or 120AD;
- a
“chief officer” means—
F360“DBS” means the Disclosure and Barring Service established by section 87(1) of the Protection of Freedoms Act 2012;
F497“the Department” means the Department of Justice in Northern Ireland;
“government department” includes a Northern Ireland department;
“Minister of the Crown” includes a Northern Ireland department;
F217“office-holder in the Scottish Administration” has the same meaning as in the Scotland Act 1998 (c. 46);
“police authority” means—
“police force” means—
“prescribed” shall be construed in accordance with section 125(1);
F513“protected conviction” is to be construed in accordance with section 126ZA;
F625“tri-service serious crime unit” means the unit described in section 375(1A) of the Armed Forces Act 2006.
2
In the application of this Part to Northern Ireland, a reference to the M9Rehabilitation of Offenders Act 1974, or to a provision of that Act, shall be construed as a reference to the M10Rehabilitation of Offenders (Northern Ireland) Order 1978 or, as the case may be, to the corresponding provision of that order.
F1793
In the application of this Part to Northern Ireland a reference to the Safeguarding Vulnerable Groups Act 2006, or to a provision of that Act, shall be construed as a reference to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 or, as the case maybe, to the corresponding provision of that Order.
F973
In the application of this Part to Scotland references to the Secretary of State must be construed as references to the Scottish Ministers.
4
Subsection (3) does not apply to section 118(2A)(d) or 124A(1) and (2).
126ZAF500Protected convictions
1
For the purposes of this Part a conviction is a protected conviction if—
a
it is a spent conviction, and
b
either—
i
it is not a conviction for an offence listed in schedule 8A or 8B, or
ii
it is a conviction for an offence listed in schedule 8B and at least one of the conditions specified in subsection (2) is satisfied.
2
The conditions are—
a
the disposal in respect of the conviction was an admonition or an absolute discharge,
b
the person was aged under 18 on the date of conviction and at least 7 years and 6 months have passed since the date of the conviction,
c
the person was aged 18 or over on the date of conviction and at least 15 years have passed since the date of the conviction.
3
In subsection (2)(a), the reference to an absolute discharge includes a reference to the discharge of the referral of a child’s case to a children’s hearing under—
a
section 69(1)(b) and (12) of the Children (Scotland) Act 1995, or
b
section 91(3)(b), 93(2)(b), 108(3)(b), or 119(3)(b) of the Children’s Hearings (Scotland) Act 2011.
126ZBOffences in schedules 8A and 8B
1
The Scottish Ministers may by regulations modify schedule 8A or 8B.
2
Regulations under subsection (1) are subject to the affirmative procedure.
126AF189Part 5: Modifications for Northern Ireland
1
This Part applies to Northern Ireland subject to the following modifications.
2
Any reference to the Secretary of State, except in—
a
section 118(2A)(d),
b
F361section 119(1), (3), (5) and (8),
c
section 119B(2), (4) and (4A), and
d
section 122A as it applies to a function of the Secretary of State under F363section 119 or 119B(2), (4) or (4A),
shall be construed as a reference to the Department of Justice in Northern Ireland.
3
F362Section 119 has effect subject to the following modifications—
a
in subsection (1), in relation to a relevant function within subsection (8)(a) or (b), any reference to the Secretary of State shall be construed as a reference to the Department of Justice in Northern Ireland;
b
in subsection (3), except in relation to a request for the purposes of the provision of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 that corresponds to section 24 of the Safeguarding Vulnerable Groups Act 2006, any reference to the Secretary of State shall be construed as a reference to the Department of Justice in Northern Ireland;
c
subsections (5) and (8) have effect as if any reference to the Secretary of State included a reference to the Department of Justice in Northern Ireland.
4
The following provisions shall not have effect—
a
section 113A(8);
b
in section 113BC—
i
in subsection (1) the words “made by statutory instrument”;
ii
subsection (2);
c
in section 120A—
i
in subsection (7) the words “made by statutory instrument”;
ii
subsection (8);
d
section 125(2), (4) and (6).
5
In section 122 any reference to Parliament shall be construed as a reference to the Northern Ireland Assembly.
6
In relation to the delegation of any function of the Department of Justice, any reference in section 122A to Parliament shall be construed as a reference to the Northern Ireland Assembly.
7
Any power of the Department of Justice under this Part to make orders or regulations shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.
8
No order shall be made by the Department of Justice under section 113A(7) unless a draft of it has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
9
Any other order or regulations made under this Part by the Department of Justice shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).
10
Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of this Part in relation to the laying of anything before the Northern Ireland Assembly as it applies in relation to the laying of a statutory document under an enactment.
I17I32127 Saving: disclosure of information and records.
Nothing in sections 112 to 119 shall be taken to prejudice any power which exists apart from this Act to disclose information or to make records available.
Part VI Miscellaneous
Amendments of Police Act 1996
128 Regulations for special constables and police cadets.
1
In section 51 of the M11Police Act 1996 (regulations for special constables), after subsection (3) there shall be inserted—
3A
In relation to any matter as to which provision may be made by regulations under this section, the regulations may—
a
authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, police authorities, chief officers of police or other persons, or
b
authorise or require the delegation by any person of functions conferred on that person by or under the regulations.
2
In section 52 of that Act (regulations for police cadets) after subsection (1) there shall be inserted—
1A
In relation to any matter as to which provision may be made by regulations under this section, the regulations may—
a
authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, police authorities, chief officers of police or other persons, or
b
authorise or require the delegation by any person of functions conferred on that person by or under the regulations.
I18129 Change of name or description of certain police areas.
In Schedule 1 to the Police Act 1996 (police areas for England and Wales except London)—
a
in the entry in the first column for “Humberside” there shall be substituted “
Humber
”
;
b
in the entry in the second column opposite the name of the Dyfed Powys police area for “Cardiganshire” there shall be substituted “
Ceredigion
”
;
c
for the entry in that column opposite the name of the North Wales police area there shall be substituted—
The counties of the Isle of Anglesey, Gwynedd, Denbighshire and Flintshire and the county boroughs of Conwy and Wrexham.
d
in the entry in that column opposite the name of the South Wales police area for “Neath and Port Talbot” there shall be substituted “
Neath Port Talbot
”
.
Amendments of Police Act (Northern Ireland) 1970
F36130. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F37131. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F38132. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Rehabilitation of Offenders
133 Rehabilitation of Offenders.
The following provisions (which restrict the effect of the M12Rehabilitation of Offenders Act 1974 and the M13Rehabilitation of Offenders (Northern Ireland) Order 1978) shall cease to have effect—
a
section 189 of, and Schedule 14 to, the M14Financial Services Act 1986;
b
section 95 of the M15Banking Act 1987;
c
section 39 of the M16Osteopaths Act 1993;
d
section 19 of the M17National Lottery etc. Act 1993;
e
section 40 of the M18Chiropractors Act 1994.
Part VII General
133AF39 Meaning of “prevention” and “detection”.
Section 81(5) of the Regulation of Investigatory Powers Act 2000 (meaning of “prevention” and “detection”) shall apply for the purposes of this Act as it applies for the purposes of F560that Act.
I19134 Amendments and repeals.
1
Schedule 9 (minor and consequential amendments) shall have effect.
2
The enactments mentioned in Schedule 10 are hereby repealed to the extent specified in the third column of that Schedule.
P1135 Commencement.
P21
The preceding provisions of this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint.
2
An order under this section may—
a
appoint different days for different purposes or different areas, and
b
make transitional provision and savings (including provision modifying this Act).
3
An order under this section may, in relation to Part I, II or IV make provision—
a
for the transfer and apportionment of property and for the transfer, apportionment and creation of rights and liabilities;
b
for the transfer of members of police forces in Great Britain, members of the F40Police Service of Northern Ireland and other persons;
c
for the Secretary of State, or any other person nominated by or in accordance with the order, to determine any matter requiring determination under or in consequence of the order;
d
as to the payment of fees charged, or expenses incurred, by any person nominated to determine any matter by virtue of paragraph (c).
4
Any day appointed by an order under this section for the coming into force of section 93, 94 or 95 of this Act shall not be earlier than the day on which a code of practice issued under section 101 comes into operation.
5
A statutory instrument containing provisions made by virtue of subsection (2)(b) or (3) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
136 Police: co-operation on implementation.
It shall be the duty of police authorities for areas in Great Britain, and the F41Northern Ireland Policing Board, and their staff to co-operate with each other, and generally to exercise their functions, so as to facilitate the implementation of Parts I and II of this Act and any transfer of property or staff made by an order under section 135.
137 Extent.
1
Subject to subsections (2) to (4), this Act extends throughout the United Kingdom.
2
The following provisions of this Act extend to England and Wales only—
a
Part II;
F78b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F79c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F42d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e
sections 128 and 129.
F433
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
The amendments in Schedules 6 and 9, and the repeals in Schedule 10, have the same extent as the enactments to which they refer.
138 Short title.
This Act may be cited as the Police Act 1997.
Pt. II (ss. 47-90): Power to continue conferred (11.5.2001) by 2001 c. 16, ss. 109(2)(c)(i), 138