Police Act 1997

115 Enhanced criminal record certificates. U.K.

(1) The Secretary of State shall issue an enhanced criminal record certificate to any individual who—

(a) makes an application under this section in the prescribed form countersigned by a registered person, and

(b) pays any fee that is payable in relation to the application under regulations made by the Secretary of State.

(2) An application under this section must be accompanied by a statement by the registered person that the certificate is required for the purposes of an exempted question asked—

(a) in the course of considering the applicant’s suitability for a position (whether paid or unpaid) within subsection (3) or (4), or

(b) for a purpose relating to any of the matters listed in subsection (5).

(3) A position is within this subsection if it involves regularly caring for, training, supervising or being in sole charge of persons aged under 18.

(4) A position is within this subsection if—

(a) it is of a kind specified in regulations made by the Secretary of State, and

(b) it involves regularly caring for, training, supervising or being in sole charge of persons aged 18 or over.

(5) The matters referred to in subsection (2)(b) are—

(a) a certificate for the purposes of sections 19 or 27(1) or (5) of the M1 Gaming Act 1968 (gaming);

(b) a certificate of consent, or a licence, for any purpose of Schedule 2 to that Act (licences);

(c) registration or certification in accordance with Schedule 1A, 2 or 2A to the M2 Lotteries and Amusements Act 1976 (societies, schemes and lottery managers);

(d) a licence under section 5 or 6 of the M3 National Lottery etc. Act 1993 (running or promoting lotteries);

(e) registration under section 71 of the M4 Children Act 1989 or Article 118 of the M5 Children (Northern Ireland) Order 1995 (child minding and day care);

(f) the placing of children with foster parents in accordance with any provision of, or made by virtue of, the Children Act 1989 or the M6 Children (Northern Ireland) Order 1995 or the exercise of any duty under or by virtue of section 67 of that Act or Article 108 of that Order (welfare of privately fostered children);

(g) the approval of any person as a foster carer by virtue of section 5(2), (3) and (4) of the M7 Social Work (Scotland) Act 1968, the exercise by a local authority of their functions under the M8 Foster Children (Scotland) Act 1984 or the placing of children with foster parents by virtue of section 70 of the M9 Children (Scotland) Act 1995 (disposal of referral by children’s hearing).

(6) An enhanced criminal record certificate is a certificate which—

(a) gives—

(i) the prescribed details of every relevant matter relating to the applicant which is recorded in central records, and

(ii) any information provided in accordance with subsection (7), or

(b) states that there is no such matter or information.

[F1 (6A) If an application under this section is accompanied by a statement by the registered person that the certificate is required for the purpose of considering the applicant’s suitability for a position (whether paid or unpaid) falling within subsection (3B) of section 113, the enhanced criminal record certificate shall also state—

(a) whether the applicant is included in the list kept under section 1 of the Protection of Children Act 1999, or the list kept for the purposes of regulations made under section 218(6) of the Education Reform Act 1988; and

(b) if he is included in either list, such details of his inclusion as may be prescribed, including (in the case of the latter list) the grounds on which he is so included.]

(7) Before issuing an enhanced criminal record certificate the Secretary of State shall request the chief officer of every relevant police force to provide any information which, in the chief officer’s opinion—

(a) might be relevant for the purpose described in the statement under subsection (2), and

(b) ought to be included in the certificate.

(8) The Secretary of State shall also request the chief officer of every relevant police force to provide any information which, in the chief officer’s opinion—

(a) might be relevant for the purpose described in the statement under subsection (2),

(b) ought not to be included in the certificate, in the interests of the prevention or detection of crime, and

(c) can, without harming those interests, be disclosed to the registered person.

(9) The Secretary of State shall send to the registered person who countersigned an application under this section—

(a) a copy of the enhanced criminal record certificate, and

(b) any information provided in accordance with subsection (8).

(10) In this section—

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

• “relevant police force”, in relation to an application under this section, means a police force which is a relevant police force in relation to that application under regulations made by the Secretary of State.

Textual Amendments

F1 S. 115(6A) inserted (E.W.N.I.) (12.3.2002 for E.W., otherwise prosp.) by 1999 c. 14, ss. 8(2), 14(2); S.I. 2002/1436, art. 2

Commencement Information

I1 S. 115 partly in force; s. 115 not in force at Royal Assent, see s. 135(1); s. 115 in force for E.W. at 1.3.2002 by S.I. 2002/413, art. 2; s. 115(4) in force for S. at 11.3.2002 by S.S.I. 2002/124, art. 3 and s. 115 otherwise in force for S. at 25.4.2002 by S.S.I. 2002/124, art. 4

Marginal Citations

M1 1968 c. 65.

M2 1976 c. 32.

M3 1993 c. 39.

M4 1989 c. 41.

M5 S.I. 1995/755 (N.I. 2).

M6 S.I. 1995/755 (N.I. 2).

M7 1968 c. 49.

M8 1984 c. 56.

M9 1995 c. 36.