Police Act 1997

[F1 113B Enhanced criminal record certificates U.K.

(1) [F2 The Secretary of State] [F2 DBS] must issue an enhanced criminal record certificate to any individual who—

(a) makes an application F3 ...,

[F4 (aa) 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 [F5 for the purposes of an exempted question asked] for a prescribed purpose.

[F6 (2A) But an application for an enhanced criminal record certificate need not be countersigned by a registered person if—

(a) the application is transmitted to [F7 the Secretary of State] [F7 DBS] electronically by a registered person who satisfies conditions determined by [F7 the Secretary of State] [F7 DBS], and

(b) it is transmitted in accordance with requirements determined by [F7 the Secretary of State] [F7 DBS].]

(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), [F8 or

(b) states that there is no such matter or information.]

[F8 (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.]

(4) Before issuing an enhanced criminal record certificate [F9 the Secretary of State] [F9 DBS] must request [F10 the chief officer of every relevant police force] [F10 any relevant chief officer] to provide any information which [F11 , in the chief officer's opinion]—

(a) [F12 might] [F12 the chief officer reasonably believes to] be relevant for the purpose described in the statement under subsection (2), and

(b) [F13 in the chief officer's opinion,] ought to be included in the certificate.

[F14 (4A) 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.]

(5) [F15 The Secretary of State must also request the chief officer of every relevant police force to provide any information which, in the chief officer's opinion—

(a) might be relevant for the purpose described in the statement under subsection (2),

(b) ought not to be included in the certificate, in the interests of the prevention or detection of crime, and

(c) can, without harming those interests, be disclosed to the registered person.]

[F16 (5A) 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) or (5).]

(6) [F15 The Secretary of State must send to [F17 the registered person who countersigned] [F17 whoever acted as the registered person in relation to] the application—

(a) a copy of the enhanced criminal record certificate, and

(b) any information provided in accordance with subsection (5).]

(7) [F18 The Secretary of State] [F18 DBS] may treat an application under this section as an application under section 113A if in [F19 his] [F19 its] opinion the certificate is not required for a purpose prescribed under subsection (2).

(8) If by virtue of subsection (7) [F20 the Secretary of State] [F20 DBS] treats an application under this section as an application under section 113A, [F21 he] [F21 it] 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;

• [F22 “relevant chief officer” means any chief officer of a police force who is identified by [F23 DBS] for the purposes of making a request under subsection (4).]

• [F24 “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—

[F25 (a) the Royal Navy Police;]

(c) the Royal Military Police;

(d) the Royal Air Force Police;

(e) the Ministry of Defence Police;

F26 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F26 (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F27 National 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);

(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).

[F28 (12) 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 [F29 DBS] under subsection (2A).]

F30 (13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F1 Ss. 113A-113F inserted (1.4.2006 for S. except for the insertion of s. 113E, 6.4.2006 for E.W. for specified purposes, 25.9.2006 for E.W. for specified purposes, 12.11.2007 for E.W. for specified purposes, 29.2.2008 for E.W. for specified purposes, 1.4.2008 for N.I., 9.3.2015 for E.W. for specified purposes) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 163(2), 178(4)(d)(8); S.S.I. 2006/166, art. 2(1)(c); S.I. 2006/378, art. 7(a); S.I. 2006/2182, art. 2; S.I. 2007/3064, art. 2; S.I. 2008/306, art. 2; S.I. 2008/697, art. 2(a); S.I. 2015/188, art. 2

F2 Words in s. 113B(1) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(c) (with Pt. 4)

F3 Words in s. 113B(1)(a) repealed (S.) (11.1.2008) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), ss. 79(1), 101(2) (with ss. 90, 99); S.S.I. 2007/564, art. 2, sch.; and words repealed (E.W.N.I.) (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 97(2), 116(1), Sch. 8 Pt. 8; S.I. 2010/125, art. 2(n)(u)

F4 S. 113B(1)(aa) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 80(1), 120 (with s. 97); S.I. 2012/2234, art. 2(s) (with art. 5)

F5 Words in s. 113B(2)(b) inserted (E.W.N.I.) (12.10.2009 for E.W., 12.10.2009 for N.I.) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 14(3) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2610, art. 2(a) (with arts. 4-23); S.I. 2009/2611, art. 2, Sch.

F6 S. 113B(2A) inserted (E.W.) (2.3.2009) by The Police Act 1997 (Criminal Records) (Electronic Communications) Order 2009 (S.I. 2009/203), arts. 1(1), 4(2)

F7 Words in s. 113B(2A) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(c) (with Pt. 4)

F8 Words in s. 113B(3) substituted (S.) (28.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 108(2), 206(1); S.S.I. 2011/157, art. 2(b) (with art. 3)

F9 Words in s. 113B(4) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(c) (with Pt. 4)

F10 Words in s. 113B(4) substituted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 82(1)(a), 120 (with s. 97); S.I. 2012/2234, art. 2(u)

F11 Words in s. 113B(4) repealed (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 82(1)(b), 120, Sch. 10 Pt. 6 (with s. 97); S.I. 2012/2234, art. 2(u)(cc)

F12 Words in s. 113B(4)(a) substituted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 82(1)(c), 120 (with s. 97); S.I. 2012/2234, art. 2(u)

F13 Words in s. 113B(4)(b) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 82(1)(d), 120 (with s. 97); S.I. 2012/2234, art. 2(u)

F14 S. 113B(4A) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 82(2), 120 (with s. 97); S.I. 2012/2234, art. 2(u)

F15 S. 113B(5)(6) repealed (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) for specified purposes, 17.6.2013 in so far as not already in force) by Protection of Freedoms Act 2012 (c. 9), ss. 79(2)(b), 120, Sch. 10 Pt. 6 (with s. 97); S.I. 2012/2234, art. 2(q)(cc); S.I. 2013/1180, art. 2(a)

F16 S. 113B(5A) inserted (S.) (11.1.2008) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), ss. 80, 101(2) (with ss. 90, 99); S.S.I. 2007/564, art. 2, sch.

F17 Words in s. 113B(6) substituted (E.W.) (2.3.2009) by The Police Act 1997 (Criminal Records) (Electronic Communications) Order 2009 (S.I. 2009/203), arts. 1(1), 4(3)

F18 Words in s. 113B(7) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(c) (with Pt. 4)

F19 Word in s. 113B(7) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 39(a) (with Pt. 4)

F20 Words in s. 113B(8) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(c) (with Pt. 4)

F21 Word in s. 113B(8) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 39(b) (with Pt. 4)

F22 Words in s. 113B(9) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 82(3)(a), 120 (with s. 97); S.I. 2012/2234, art. 2(u)

F23 Words in s. 113B(9) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(c) (with Pt. 4)

F24 Words in s. 113B(9) repealed (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 82(3)(b), 120, Sch. 10 Pt. 6 (with s. 97); S.I. 2012/2234, art. 2(u)(cc)

F25 S. 113B(10)(a) substituted for s. 113(10)(a)(b) (4.6.2007) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 149; S.I. 2007/1442, art. 2(1)

F26 S. 113B(10)(f)(g) omitted (7.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 60(a); S.I. 2013/1682, art. 3(v)

F27 Words in s. 113B(11)(b) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 60(b); S.I. 2013/1682, art. 3(v)

F28 S. 113B(12) inserted (E.W.) (2.3.2009) by The Police Act 1997 (Criminal Records) (Electronic Communications) Order 2009 (S.I. 2009/203), arts. 1(1), 4(4)

F29 Words in s. 113B(12) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(c) (with Pt. 4)

F30 S. 113B(13) repealed (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 37, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(i)

Modifications etc. (not altering text)

C1 S. 113B modified (E.W.) (31.3.2010) by The Safeguarding Vulnerable Groups Act 2006 (Controlled Activity and Miscellaneous Provisions) Regulations 2010 (S.I. 2010/1146), regs. 1, 5-7

C2 S. 113B(1)(a) modified (E.W.) (2.3.2009) by The Police Act 1997 (Criminal Records) (Electronic Communications) Order 2009 (S.I. 2009/203), arts. 1(1), 21(1)

Commencement Information

I1 S. 113B in force at 1.4.2008 for N.I. by S.I. 2008/692, art. 2(c)