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Police Act 1997
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- 1997 c. 50
- Part V
- Section 118
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Changes over time for: Section 118
Changes to legislation:
Police Act 1997, Section 118 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 S. 93 repealed (10.9.2012) without ever being in force by 2012 c. 9, ss. 79(1), 120, Sch. 10 Pt. 6; S.I. 2012/2234, art. 2(cc))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 S. 21 repealed (6.4.2006 for E.W.) by 2003 c. 44, Sch. 37 Pt. 11; S.I. 2006/751, art. 2(d))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)
118 Evidence of identity.U.K.
(1)[F1The Secretary of State] [F1DBS] may refuse to issue a certificate under this Part, or to consider [F2an application as mentioned in section 116A(4)(a) or (5)(a) or] an application under section 117 [F3, 117A] [F4or 120], unless the application is supported by such evidence of identity as [F5he] [F5it] may require.
(2)In particular, [F6the Secretary of State] [F6DBS] 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.
[F7(2A)For the purpose of verifying evidence of identity supplied in pursuance of subsection (1) [F8the Secretary of State] [F8DBS] may obtain such information as [F9he] [F9it] thinks is appropriate from data held—
(a)by the [F10United Kingdom Passport Agency] [F10Identity and Passport Service];
(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.]
[F11(2B)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.]
[F12(3)Regulations dealing with the taking of fingerprints may make provision requiring their destruction in specified circumstances and by specified persons.]
[F12(3)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).]
[F13(3A)[F14DBS] 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 [F14DBS] to verify whether information in the possession of [F14DBS] that [F14DBS] 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), [F14DBS] 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 [F15or 117A] where a new certificate is issued.
Textual Amendments
F1Words in s. 118(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(j) (with Pt. 4)
F2Words in s. 118(1) inserted (E.W.) (17.6.2013) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 109(2)(a) (with s. 97); S.I. 2013/1180, art. 2(e)(ii); and inserted (N.I.) (2.11.2015) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 5 para. 7(2)(a); S.R. 2015/358, art. 2(m)(ii)
F3Word in s. 118(1) 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), s. 120, Sch. 9 para. 109(2)(b) (with s. 97); S.I. 2012/2234, art. 2(aa)(vii); and inserted (N.I.) (2.11.2015) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 5 para. 7(2)(b); S.R. 2015/358, art. 2(m)(ii)
F4Words in s. 118(1) inserted (1.7.2005 for S., 1.7.2005 for E.W., 1.4.2008 for N.I.) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 164(2), 178(4)(d)(8); S.S.I. 2005/358, art. 2(c); S.I. 2005/1521, art. 3(3)(a); S.I. 2008/697, art. 2(b)
F5Word in s. 118(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), 41(a) (with Pt. 4)
F6Words in s. 118(2) 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(j) (with Pt. 4)
F7S. 118(2A) inserted (1.7.2005 for S., 1.7.2005 for E.W., 1.4.2008 for N.I.) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 164(3), 178(4)(d)(8); S.S.I. 2005/358, art. 2(c); S.I. 2005/1521, art. 3(3)(a); S.I. 2008/697, art. 2(b)
F8Words in s. 118(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(j) (with Pt. 4)
F9Word in s. 118(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), 41(b) (with Pt. 4)
F10Words in s. 118(2A)(a) substituted (S.) (11.1.2008) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), s. 101(2), sch. 4 para. 34(a) (with ss. 90, 99); S.S.I. 2007/564, art. 2, sch.
F11S. 118(2B) inserted (S.) (11.1.2008) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), s. 101(2), sch. 4 para. 34(b) (with ss. 90, 99); S.S.I. 2007/564, art. 2, sch.
F12S. 118(3) substituted (S.) (11.1.2008) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), s. 101(2), sch. 4 para. 34(c) (with ss. 90, 99); S.S.I. 2007/564, art. 2, sch.
F13S. 118(3A)(3B) inserted (E.W.) (17.6.2013) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 109(3) (with s. 97); S.I. 2013/1180, art. 2(e)(ii)
F14Word in s. 118(3A)(3B) 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(j) (with Pt. 4)
F15Words in s. 118(4) 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), s. 120, Sch. 9 para. 109(4) (with s. 97); S.I. 2012/2234, art. 2(aa)(vii); and inserted (N.I.) (2.11.2015) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 5 para. 7(4); S.R. 2015/358, art. 2(m)(ii)
Commencement Information
I1S. 118 in force at 1.3.2002 for E.W. by S.I. 2002/413, art. 2
S. 118 in force at 25.4.2002 for S. by S.S.I. 2002/124, art. 4
I2S. 118 in force at 1.4.2008 for N.I. by S.I. 2008/692, art. 2(j)
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