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Police Act 1997
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- 1997 c. 50
- SCHEDULE 8A
- Review by independent reviewer...
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Changes over time for: Cross Heading: Review by independent reviewer after issue of certificate
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Police Act 1997, Cross Heading: Review by independent reviewer after issue of certificate is up to date with all changes known to be in force on or before 01 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 112(2A) inserted by 2011 c. 24 (N.I.) s. 101
- s. 112(2A) inserted by 2009 c. 26 s. 93 (This amendment not applied to legislation.gov.uk. S. 93 repealed (10.9.2012) without ever being in force by 2012 c. 9, ss. 79(1), 120, Sch. 10 Pt. 6; S.I. 2012/2234, art. 2(cc))
- s. 113(3)(e) words inserted by S.S.I. 2006/50 art. 2(2)
- s. 113(3G) inserted by 2002 c. 32 Sch. 12 para. 14
- s. 113(3G) inserted by 2002 c. 32, Sch. 12 para. 14 (as extended) by 2003 asp 5 s. 12(1)(c)
- s. 113(3EA) (3EB) inserted by S.I. 2003/417 (N.I.) art. 17(4)
- s. 113(3EC) (3ED) inserted by S.I. 2003/417 (N.I.) art. 47(3)
- s. 113(4A) inserted by 2003 c. 44 Sch. 35 para. 3(3)
- s. 113(4A) insertion by 2003 c. 44, Sch. 35 para. 3(3) extended to N.I. by 2005 c. 15 s. 167(a)
- s. 113A(6A)-(6C) inserted by 2011 asp 1 s. 188(b)
- s. 115(5)(ec) inserted by 2002 c. 32 Sch. 12 para. 15(2)
- s. 115(5)(ec) inserted by 2002 c. 32, Sch. 12 para. 15(2) (as extended) by 2003 asp 5 s. 12(1)(c)
- s. 115(5)(ga) inserted by 2001 c. 12 s. 21 (Amendment not applied to legislation.gov.uk. S. 21 repealed (6.4.2006 for E.W.) by 2003 c. 44, Sch. 37 Pt. 11; S.I. 2006/751, art. 2(d))
- s. 115(6BB) inserted by 2002 c. 32 Sch. 12 para. 15(3)
- s. 115(6BB) inserted by 2002 c. 32, Sch. 12 para. 15(3) (as extended) by 2003 asp 5 s. 12(1)(c)
- s. 115(6EA) inserted by S.I. 2003/417 (N.I.) art. 17(5)
- s. 115(6EB) inserted by S.I. 2003/417 (N.I.) art. 47(4)
- s. 115(9A) (9B) inserted by 2003 c. 44 Sch. 35 para. 4(5)
- s. 115(9A) (9B) insertion by 2003 c. 44, Sch. 35 para. 4(5) extended to N.I. by 2005 c. 15 s. 167(a)
- s. 118(2ZA) inserted by 2009 c. 26 s. 95
- s. 118(2ZA) words substituted by S.I. 2012/3006 art. 37(j) (This amendment not applied to legislation.gov.uk. The insertion of s. 118(2ZA) by 2009 c. 26, s. 95 is still prospective)
- s. 121(a) inserted by 2006 asp 10 s. 3(8)(a)
- Sch. 8A para. 34G inserted by S.I. 2024/374 Sch. 5 para. 3
- Sch. 8B para. 102(ea) inserted by 2023 c. 47 s. 3(2)
[F1Review by independent reviewer after issue of certificateNI
Textual Amendments
F1Sch. 8A inserted (N.I.) (1.3.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 4; S.R. 2015/418, art. 3(b)
5(1)The independent reviewer, on receiving an application under paragraph 4 in relation to a certificate, must review the inclusion in that certificate of—NI
(a)the details of any spent conviction; and
(b)the details of any other disposal.
(2)If, following that review, the independent reviewer determines that the details of any spent conviction or other disposal included in the certificate should be removed—
(a)the independent reviewer must inform the Department of that fact; and
(b)on being so informed the Department must issue a new certificate.
(3)In issuing such a certificate the Department must give effect to the determination of the independent reviewer and must (in the case of an enhanced certificate) again comply with section 113B(4).
(4)If, following that review, the independent reviewer determines that the details of any spent convictions or other disposals included in the certificate should not be removed—
(a)the independent reviewer must inform the Department of that fact; and
(b)the Department must inform the applicant that the application is refused.
(5)The independent reviewer must not determine that details of a spent conviction or other disposal should be removed from a certificate unless the independent reviewer is satisfied that the removal of those details would not undermine the safeguarding or protection of children and vulnerable adults or pose a risk of harm to the public.]
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