C1C7C3C2C4C5C6 Part V Certificates of Criminal Records, &c.

Annotations:
Modifications etc. (not altering text)
C1

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)

C7

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)

C4

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)

C5

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)

C6

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)

I1I2126 Interpretation of Part V.

1

In this Part—

  • “caution” means a caution given to a person in England and Wales or Northern Ireland in respect of an offence which, at the time when the caution is given, he has admitted;

  • “certificate” means any one or more documents issued in response to a particular application F9but does not include any documents issued in response to—

    1. a

      a request under section 116A(1),

    2. b

      an application as mentioned in section 116A(4)(a) or (5)(a), or

    3. c

      a request under section 120AC or 120AD;

  • “chief officer” means—

    1. i

      a chief officer of police of a police force in England and Wales,

    2. ii

      F8the chief constable of the Police Service of Scotland, and

    3. iii

      the Chief Constable of the F1Police Service of Northern Ireland;

  • F6“DBS” means the Disclosure and Barring Service established by section 87(1) of the Protection of Freedoms Act 2012;

  • F10“the Department” means the Department of Justice in Northern Ireland;

  • “government department” includes a Northern Ireland department;

  • “Minister of the Crown” includes a Northern Ireland department;

  • F5“office-holder in the Scottish Administration” has the same meaning as in the Scotland Act 1998 (c. 46);

  • “police authority” means—

    1. i

      F7the Scottish Police Authority, and

    2. ii

      the F2Northern Ireland Policing Board;

  • “police force” means—

    1. i

      a police force in Great Britain, and

    2. ii

      the F1Police Service of Northern Ireland and the F1Police Service of Northern Ireland Reserve;

  • “prescribed” shall be construed in accordance with section 125(1);

  • F11“protected conviction” is to be construed in accordance with section 126ZA;

  • F12“tri-service serious crime unit” means the unit described in section 375(1A) of the Armed Forces Act 2006.

2

In the application of this Part to Northern Ireland, a reference to the M1Rehabilitation of Offenders Act 1974, or to a provision of that Act, shall be construed as a reference to the M2Rehabilitation of Offenders (Northern Ireland) Order 1978 or, as the case may be, to the corresponding provision of that order.

F43

In the application of this Part to Northern Ireland a reference to the Safeguarding Vulnerable Groups Act 2006, or to a provision of that Act, shall be construed as a reference to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 or, as the case maybe, to the corresponding provision of that Order.

F33

In the application of this Part to Scotland references to the Secretary of State must be construed as references to the Scottish Ministers.

4

Subsection (3) does not apply to section 118(2A)(d) or 124A(1) and (2).