The Disclosure and Barring Service (Core Functions) (Amendment) Order 2014

Statutory Instruments

2014 No. 238

Children And Young Persons, Englandandwales

The Disclosure and Barring Service (Core Functions) (Amendment) Order 2014

Made

5th February 2014

Laid before Parliament

13th February 2014

Coming into force

10th March 2014

The Secretary of State, in exercise of the powers conferred by paragraph 8(1)(d) of Schedule 8 to the Protection of Freedoms Act 2012(1), makes the following Order.

Citation, commencement and extent

1.—(1) This Order may be cited as the Disclosure and Barring Service (Core Functions) (Amendment) Order 2014 and shall come into force on 10th March 2014.

(2) This Order extends to England and Wales.

Amendments to the Disclosure and Barring Service (Core Functions) Order 2012

2.—(1) The Disclosure and Barring Service (Core Functions) Order 2012(2) is amended as follows.

(2) In article 2—

(a) for paragraph (e) substitute—

“(e) handling any disputes raised under section 117 of the 1997 Act(3), except for any disputes raised in relation to the accuracy of information contained in a criminal conviction certificate within the meaning of section 112 of the 1997 Act(4);”;

(b) for paragraph (f) substitute—

“(f) verifying identity under section 118 of the 1997 Act(5), except in relation to an application for a criminal conviction certificate within the meaning of section 112 of the 1997 Act;”;

(c) for paragraph (g) substitute—

“(g) receiving information under section 119(1) of the 1997 Act(6), other than information made available for the purpose of carrying out functions under Part 5 of the 1997 Act relating to an application for a criminal conviction certificate within the meaning of section 112 of the 1997 Act;”.

Taylor of Holbeach

Parliamentary Under-Secretary of State

Home Office

5th February 2014

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Disclosure and Barring Service (Core Functions) Order 2012 to remove various functions relating to the issue of a criminal conviction certificate (within the meaning of section 112 of the Police Act 1997) from that Order, so that they are no longer core functions within the meaning of paragraph 8 of Schedule 8 to the Protection of Freedoms Act 2012. This will allow those functions to be delegated by the Disclosure and Barring Service under paragraph 7 of Schedule 8 to the Protection of Freedoms Act 2012.

(1)

2012 c. 9.

(2)

S.I. 2012/2522.

(3)

1997 c. 50. Section 117 was amended by sections 82 and 115(1) of, and paragraphs 104 and 108 of Schedule 9 to, the Protection of Freedoms Act 2012 and S.I. 2012/3006.

(4)

Section 112 was amended by S.I. 2012/3006.

(5)

Section 118 was amended by section 164 of the Serious Organised Crime and Police Act 2005 (c. 15), section 95 of the Policing and Crime Act 2009 (c. 26), section 115(1) of, and paragraphs 104 and 109 of Schedule 9 to, the Protection of Freedoms Act 2012 and S.I. 2012/3006.

(6)

Section 119(1) was amended by section 134 of the Criminal Justice and Police Act 2001 (c. 16), section 63(1) of, and paragraph 14 of Schedule 9 to, the Safeguarding Vulnerable Groups Act 2006 (c. 47) and S.I. 2012/3006.