Police Act 1997

[F1 [F2 113CA Suitability information relating to children S

(1) In such cases as are prescribed, an enhanced criminal record certificate must also include suitability information relating to children.

(2) Suitability information relating to children is—

(a) whether the applicant is barred from regulated work with children;

(b) if the applicant is barred from such activity, such details as are prescribed of the circumstances in which the applicant became barred;

(c) whether the Scottish Ministers are considering whether to list the individual in the children's list;

F3 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4 (e) if a notification order, made under section 97(5) of the Sexual Offences Act 2003, is in effect in respect of the applicant—

(i) the date of that order; and

(ii) the notification period applying to the applicant by virtue of section 98(1)(b) of that Act;

(f) if an interim notification order, made under section 100(3) of the Sexual Offences Act 2003, is in effect in respect of the applicant—

(i) the date of that order; and

(ii) the period for which that order has effect by virtue of section 100(4) of that Act;

[F5 (fa) if a sexual harm prevention order, made under section 103A of the Sexual Offences Act 2003 [F6 or Chapter 2 of Part 11 of the Sentencing Code], is in effect in respect of the applicant—

(i) the prohibitions described in that order;

(ii) the date of that order;

(iii) the period for which the prohibitions have effect by virtue of section 103C(2) or 103D(1) [F7 of the Sexual Offences Act 2003 or section 347(2) or 348(1) of the Sentencing Code];

(iv) details as to whether the order has been varied or renewed under section 103E(5) [F8 of the Sexual Offences Act 2003 or section 350(6) of the Sentencing Code];

(fb) if an interim sexual harm prevention order, made under section 103F of the Sexual Offences Act 2003, is in effect in respect of the applicant—

(i) the prohibitions described in that order;

(ii) the date of that order;

(iii) the period for which that order has effect by virtue of section 103F(4) of that Act;

(iv) details as to whether the order has been varied or renewed under section 103F(5) of that Act;]

[F9 (fc) if a sexual harm prevention order, made under section 11(2) or 12(1) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, is in effect in respect of the applicant—

(i) the prohibitions and requirements contained in that order;

(ii) the date of that order;

(iii) the period for which each of the prohibitions and requirements contained in that order has effect by virtue of section 16(3) or, as the case may be, 17(1) of that Act;

(iv) details as to whether that order has been varied or renewed under section 20(1) of that Act;

(fd) if an interim sexual harm prevention order, made under section 21 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, is in effect in respect of the applicant—

(i) the prohibitions and requirements contained in that order;

(ii) the date of that order;

(iii) the period for which each of the prohibitions and requirements contained in that order has effect by virtue of section 21(5) of that Act;

(iv) details as to whether that order has been varied or renewed under section 21(10) of that Act;]

(g) if a sexual offences prevention order, made under section 104(1) or 105(3) of the Sexual Offences Act 2003, is in effect in respect of the applicant—

(i) the prohibitions described in that order;

(ii) the date of that order;

(iii) the period for which that order has effect by virtue of section 107(1)(b) of that Act; and

(iv) details as to whether that order has been varied or renewed under section 108(4) of that Act;

(h) if an interim sexual offences prevention order, made under section 109(3) of the Sexual Offences Act 2003, is in effect in respect of the applicant—

(i) the prohibitions described in that order;

(ii) the date of that order;

(iii) the period for which that order has effect by virtue of section 109(4) of that Act; and

(iv) details as to whether that order has been varied or renewed under section 109(6) of that Act;

(i) if a foreign travel order, made under section 114(3) of the Sexual Offences Act 2003, is in effect in respect of the applicant—

(i) the prohibitions specified in that order;

(ii) the date of that order;

(iii) the period for which that order has effect by virtue of section 117(1) of that Act; and

(iv) details as to whether that order has been varied or renewed under section 118(3) of that Act;

[F10 (ia) if a sexual risk order, made under section 122A of the Sexual Offences Act 2003, is in effect in respect of the applicant—

(i) the prohibitions described in that order;

(ii) the date of that order;

(iii) the period for which the prohibitions have effect by virtue of section 122A(7) or 122C(1) of that Act;

(iv) details as to whether the order has been varied or renewed under section 122D(4) of that Act;

(ib) if an interim sexual risk order, made under section 122E of the Sexual Offences Act 2003, is in effect in respect of the applicant—

(i) the prohibitions described in that order;

(ii) the date of that order;

(iii) the period for which that order has effect by virtue of section 122E(4) of that Act;

(iv) details as to whether the order has been varied or renewed under section 122E(5) of that Act;]

[F11 (ic) if a sexual risk order, made under section 27(1) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, is in effect in respect of the applicant—

(i) the prohibitions and requirements contained in that order;

(ii) the date of that order;

(iii) the period for which each of the prohibitions and requirements contained in that order has effect by virtue of section 28(3) or, as the case may be, 29(1) of that Act;

(iv) details as to whether that order has been varied or renewed under section 30(1) of that Act;

(id) if an interim sexual risk order, made under section 31(1) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, is in effect in respect of the applicant—

(i) the prohibitions and requirements contained in that order;

(ii) the date of that order;

(iii) the period for which each of the prohibitions and requirements contained in that order has effect by virtue of section 31(5) of that Act;

(iv) details as to whether that order has been varied or renewed under section 31(9) of that Act;]

(j) if a risk of sexual harm order, made under section 123(4) of the Sexual Offences Act 2003, is in effect in respect of the applicant—

(i) the prohibitions described in that order;

(ii) the date of that order;

(iii) the period for which that order has effect by virtue of section 123(5)(b) of that Act; and

(iv) details as to whether that order has been varied or renewed under section 125(3) of that Act;

(k) if an interim risk of sexual harm order, made under section 126(3) of the Sexual Offences Act 2003, is in effect in respect of the applicant—

(i) the prohibitions described in that order;

(ii) the date of that order;

(iii) the period for which that order has effect by virtue of section 126(4) of that Act; and

(iv) details as to whether that order has been varied or renewed under section 126(5) of that Act;

F12 (l) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12 (m) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]]]

Textual Amendments

F1 Ss. 113A-113F inserted (1.4.2006 for S. except for the insertion of s. 113E, 6.4.2006 for E.W. for specified purposes, 25.9.2006 for E.W. for specified purposes, 12.11.2007 for E.W. for specified purposes, 29.2.2008 for E.W. for specified purposes, 1.4.2008 for N.I., 9.3.2015 for E.W. for specified purposes) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 163(2), 178(4)(d)(8); S.S.I. 2006/166, art. 2(1)(c); S.I. 2006/378, art. 7(a); S.I. 2006/2182, art. 2; S.I. 2007/3064, art. 2; S.I. 2008/306, art. 2; S.I. 2008/697, art. 2(a); S.I. 2015/188, art. 2

F2 Ss. 113CA-113CC inserted (S.) (18.4.2010 for specified purposes, 28.2.2011 in so far as not already in force) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), s. 101(2), sch. 4 para. 29 (with ss. 90, 99); S.S.I. 2010/133, art. 2, sch.; S.S.I. 2011/157, art. 2(a) (with art. 3)

F3 S. 113CA(2)(d) repealed (S.) (28.2.2011) by The Police Act 1997 (Alteration of the Meaning of Suitability Information relating to Children and Protected Adults) (Scotland) (No. 2) Order 2010 (S.S.I. 2010/382), arts. 1, 2

F4 S. 113CA(2)(e)-(m) inserted (S.) (28.2.2011) by The Police Act 1997 (Alteration of the Meaning of Suitability Information relating to Children and Protected Adults) (Scotland) Order 2010 (S.S.I. 2010/190), arts. 1, 2

F5 S. 113CA(2)(fa)(fb) inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 53(2) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

F6 Words in s. 113CA(2)(fa) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 150(a) (with Sch. 27); S.I. 2020/1236, reg. 2

F7 Words in s. 113CA(2)(fa)(iii) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 150(b) (with Sch. 27); S.I. 2020/1236, reg. 2

F8 Words in s. 113CA(2)(fa)(iv) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 150(c) (with Sch. 27); S.I. 2020/1236, reg. 2

F9 S. 113CA(2)(fc)(fd) inserted (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), s. 45(2)(3), sch. 2 para. 2(2)(a) (with s. 44); S.S.I. 2023/51, reg. 2 (with reg. 3)

F10 S. 113CA(2)(ia)(ib) inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 53(3) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

F11 S. 113CA(2)(ic)(id) inserted (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), s. 45(2)(3), sch. 2 para. 2(2)(b) (with s. 44); S.S.I. 2023/51, reg. 2 (with reg. 3)

F12 S. 113CA(2)(l)(m) repealed (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), s. 45(2)(3), sch. 2 para. 2(2)(c) (with s. 44); S.S.I. 2023/51, reg. 2 (with regs. 3, 4(2))