Part VU.K. Certificates of Criminal Records, &c.

Modifications etc. (not altering text)

C2Pt. 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)

C5Pt. 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)

C6Pt. 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)

C7Pt. 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)

[F1120ACRegistered persons: information on progress of an applicationE+W

(1)[F2DBS] must, in response to a request from a person who is acting as the registered person in relation to an application under section 113A or 113B, inform that person whether or not a certificate has been issued in response to the application.

(2)Subsections (3) and (4) apply if, at the time a request is made under subsection (1), a certificate has been issued.

(3)In the case of a certificate under section 113A, if it was a certificate stating that there is no relevant matter recorded in central records, [F3DBS] may inform the person who made the request that the certificate was such a certificate.

(4)In the case of a certificate under section 113B, if it was a certificate—

(a)stating that there is no relevant matter recorded in central records and no information provided in accordance with subsection (4) of that section, and

(b)if section 113BA(1) or 113BB(1) applies to the certificate, containing no suitability information indicating that the person to whom the certificate is issued—

(i)is barred from regulated activity relating to children or to vulnerable adults, or

(ii)is subject to a direction under 128 of the Education and Skills Act 2008 or section 167A of the Education Act 2002,

[F4DBS] may inform the person who made the request that the certificate was such a certificate.

(5)If no certificate has been issued, [F5DBS] must inform the person who made the request of such other matters relating to the processing of the application as [F5DBS] considers appropriate.

(6)Subject to subsections (2) to (4), nothing in this section permits [F6DBS] to inform a person who is acting as the registered person in relation to an application under section 113A or 113B of the content of any certificate issued in response to the application.

(7)[F7DBS] may refuse a request under subsection (1) if it is made after the end of a prescribed period beginning with the day on which the certificate was issued.

(8)In this section—

  • “central records” and “relevant matter” have the same meaning as in section 113A,

  • “suitability information” means information required to be included in a certificate under section 113B by virtue of section 113BA or 113BB.

(9)Expressions in subsection (4)(b) and in the Safeguarding Vulnerable Groups Act 2006 have the same meaning in that paragraph as in that Act.]

Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Northern Ireland only

Textual Amendments

F1Ss. 120AC, 120AD 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) for specified purposes) by Protection of Freedoms Act 2012 (c. 9), ss. 79(3), 120 (with s. 97); S.I. 2012/2234, art. 2(r)

[F8120ACRegistered persons: information on progress of an applicationN.I.

(1)The Department must, in response to a request from a person who is acting as the registered person in relation to an application under section 113A or 113B, inform that person whether or not a certificate has been issued in response to the application.

(2)Subsections (3) and (4) apply if, at the time a request is made under subsection (1), a certificate has been issued.

(3)In the case of a certificate under section 113A, if it was a certificate stating that there is no relevant matter recorded in central records, the Department may inform the person who made the request that the certificate was such a certificate.

(4)In the case of a certificate under section 113B, if it was a certificate—

(a)stating that there is no relevant matter recorded in central records and no information provided in accordance with subsection (4) of that section, and

(b)if section 113BA(1) or 113BB(1) applies to the certificate, containing no suitability information indicating that the person to whom the certificate is issued—

(i)is barred from regulated activity relating to children or to vulnerable adults, or

(ii)is included in a list kept under Article 70(2)(e)(iii) or 88A(2)(b)(iii) of the Education and Libraries (Northern Ireland) Order 1986,

the Department may inform the person who made the request that the certificate was such a certificate.

(5)If no certificate has been issued, the Department must inform the person who made the request of such other matters relating to the processing of the application as the Department considers appropriate.

(6)Subject to subsections (2) to (4), nothing in this section permits the Department to inform a person who is acting as the registered person in relation to an application under section 113A or 113B of the content of any certificate issued in response to the application.

(7)The Department may refuse a request under subsection (1) if it is made after the end of a prescribed period beginning with the day on which the certificate was issued.

(8)In this section—

  • “central records” and “relevant matter” have the same meaning as in section 113A;

  • “suitability information” means information required to be included in a certificate under section 113B by virtue of section 113BA or 113BB.

(9)Expressions in subsection (4)(b) and in the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 have the same meaning in that paragraph as in that Order.]

Extent Information

E2This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales only

Textual Amendments

F8Ss. 120AC, 120AD inserted (N.I) (2.11.2015 for the insertion of s. 120AC) by Justice Act (Northern Ireland) 2015 (c. 9), ss. 37(2), 106(2); S.R. 2015/358, art. 2(b)