C1C10C4C3C7C8C9 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)
I1C6120AE1F1 Refusal and cancellation of registration F9on grounds related to disclosure
1
F22DBS may refuse to include a person in the register maintained for the purposes of this Part if it appears to F26it that the registration of that person is likely to make it possible for information to become available to an individual who, in F22DBS'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 F23DBS'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.
C23
In determining for the purposes of this section whether an individual is a suitable person to have access to any information, F24DBS may have regard, in particular, to—
a
any information relating to that person which concerns a relevant matter;
F14b
any information relating to the person of a kind specified in subsection (3A);
c
any information provided to F24DBS under subsection (4).
F153A
The information is—
a
whether the person is barred from regulated activity;
F17b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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).
F183B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F183C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 F25DBS to provide F25DBS 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 F12a 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 F25DBS has notified to the chief officer to be a matter which, in the opinion of F25DBS, is relevant to the determination of the suitability of individuals for having access to the information that may be provided in consequence of F13a 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 F8113A.
F106
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.
F167
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.
C5120AE2F3F2Refusal 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 F5113A);
b
whether that person is included in any list mentioned in section F6113C(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 F4such fee as they consider appropriate.
F116
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.
F77
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.
I1C6C5120AE1F1 Refusal and cancellation of registration F9on 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.
C23
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;
F14b
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).
F153A
The information is—
a
whether the person is barred from regulated activity;
F17b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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).
F183B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F183C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 F27 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 F28 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 F8113A.
F106
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.
F167
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.
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)