The Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 Remedial (No. 2) Order 2015

Current applications for criminal record certificates and enhanced criminal record certificates under sections 113A, 113B, 114 and 116 of the 1997 Act

5.—(1) Paragraph (2) of this article applies where the Scottish Ministers—

(a) have, before the relevant date, received an application for—

(i) a criminal record certificate under section 113A (criminal record certificates) or, as the case may be, section 114 (criminal record certificates: Crown employment) of the 1997 Act; or

(ii) an enhanced criminal record certificate under section 113B (enhanced criminal record certificates) or, as the case may be, section 116 (enhanced criminal record certificates: judicial appointments and Crown employment) of the 1997 Act; and

(b) have not by that date issued the certificate.

(2) An application referred to in paragraph (1) is to be treated for all purposes as having been received after the relevant date.

(3) Paragraph (4) applies where before the relevant date the Scottish Ministers have issued—

(a) a criminal record certificate under section 113A or, as the case may be, section 114 of the 1997 Act; or

(b) an enhanced criminal record certificate under section 113B or, as the case may be, section 116 of the 1997 Act.

(4) Section 116ZB(2) of the 1997 Act as inserted by article 3(4) of this Order does not apply in relation to the certificate.