C1C9C3C2C6C7C8 Part V Certificates of Criminal Records, &c.
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)
C5C4113BAF8F2Suitability 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;
F4b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5e
whether the applicant is subject to a direction under F6section 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 F7in 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.
113BAF1F3Information 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.
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)