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Version Superseded: 13/03/2014
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An Act to make provision for the National Criminal Intelligence Service and the National Crime Squad; to make provision about entry on and interference with property and with wireless telegraphy in the course of the prevention or detection of serious crime; to make provision for the Police Information Technology Organisation; to provide for the issue of certificates about criminal records; to make provision about the administration and organisation of the police; to repeal certain enactments about rehabilitation of offenders; and for connected purposes.
[21st March 1997]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Modifications etc. (not altering text)
C1Act: power to modify conferred (E.W.S.) (2.4.2001) by 2000 c. 39, s. 7(2); S.I. 2001/766, art. 2(1)(a) (subject to the transitional provisions and savings in art. 3)
Act amended (13.8.2001, to the extent as mentioned in art. 2 of the Commencement Order, 1.10.2007 in so far as not already in force) by 2000 c. 23, ss. 72(4)(d), 83(2) (with s. 82(3)); S.I. 2001/2727, art. 2; S.I. 2007/2196, art. 2(h)
Commencement Information
I1Act partly in force at Royal Assent, see s. 135
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
Modifications etc. (not altering text)
C2Pt. II (ss. 47-90): Power to continue conferred (11.5.2001) by 2001 c. 16, ss. 109(2)(c)(i), 138
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
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Textual Amendments
F1Ss. 1-87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 95, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(2)(7))
Schedule 6 (which amends local authority enactments applying to police authorities so as to apply those enactments in a similar way to the NCS Service Authority) shall have effect.
Commencement Information
I2S. 88 partly in force; s. 88 not in force at Royal Assent, see s. 135; s. 88 in force for certain purposes at: 23.7.1997 by S.I. 1997/1377, art. 4; 31.10.1997 by S.I. 1997/2390, art. 2 (with arts. 3-7 (of which arts. 4-7 were revoked (1.4.1998) by S.I. 1998/354, art. 7)); 1.4.1998 by S.I. 1998/354, art. 2
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Textual Amendments
F2S. 89 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 96, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd)
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Textual Amendments
F3S. 90 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 96, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd)
Modifications etc. (not altering text)
C3Pt. 3 (ss. 91-108) amended (S.) (29.9.2000) by 2000 asp 11, s. 24(2)(b) (with s. 30); S.S.I. 2000/341, art. 2
C4Pt. 3: power to apply (with modifications) conferred (1.10.2002) by Police Reform Act 2002 (c. 30), s. 19(2)(b); S.I. 2002/2306, art. 2(b)(v)
C5Pt. III modified (1.4.2004) by The Independent Police Complaints Commission (Investigatory Powers) Order 2004 (S.I. 2004/815), arts. 1(1), 2
(1)The Prime Minister [F4after consultation with the Scottish Ministers], shall appoint for the purposes of this Part—
(a)a Chief Commissioner, and
(b)such number of other Commissioners as the Prime Minister thinks fit.
(2)The persons appointed under subsection (1) shall be persons who hold or have held high judicial office within the meaning of [F5Part 3 of the Constitutional Reform Act 2005 or are or have been members of the Judicial Committee of the Privy Council].
(3)Subject to subsections (4) to (7), each Commissioner shall hold and vacate office in accordance with the terms of his appointment.
(4)Each Commissioner shall be appointed for a term of three years.
(5)A person who ceases to be a Commissioner (otherwise than under subsection (7)) may be reappointed under this section.
[F6(6)Subject to subsection (7), a Commissioner shall not be removed from office before the end of the term for which he is appointed unless–
(a)a resolution approving his removal has been passed by each House of Parliament; and
(b)a resolution approving his removal has been passed by the Scottish Parliament.]
(7)A Commissioner may be removed from office by the Prime Minister if after his appointment—
(a)a bankruptcy order is made against him or his estate is sequestrated or he makes a composition or arrangement with, or grants a trust deed for, his creditors;
(b)a disqualification order under the M1Company Directors Disqualification Act 1986 or [F7 the Company Directors Disqualification (Northern Ireland) Order 2002], or an order under section 429(2)(b) of the M2Insolvency Act 1986 (failure to pay under county court administration order), is made against him [F8or his disqualification undertaking is accepted under section 7 or 8 of the Company Directors Disqualification Act 1986] [F9or under the Company Directors Disqualification (Northern Ireland) Order 2002]; or
(c)he is convicted in the United Kingdom, the Channel Islands or the Isle of Man of an offence and has passed on him a sentence of imprisonment (whether suspended or not).
(8)The Secretary of State shall pay to each Commissioner [F10, other than a commissioner carrying out functions as mentioned in subsection (8A),] such allowances as the Secretary of State considers appropriate.
[F11(8A)The Scottish Ministers shall pay to any Commissioner who carries out his functions under this Part wholly or mainly in Scotland such allowances as the Scottish Ministers consider appropriate.]
(9)The Secretary of State shall, after consultation with the Chief Commissioner [F12and subject to the approval of the Treasury as to numbers], provide the Commissioners [F13and any Assistant Surveillance Commissioners holding office under section 63 of the Regulation of Investigatory Powers Act 2000][F14, other than any Commissioner carrying out functions as mentioned in subsection (9A),] with such staff as the Secretary of State considers necessary for the discharge of their functions.
[F15(9A)The Scottish Ministers shall, after consultation with the Chief Commissioner, provide any Commissioner who carries out his functions under this Part wholly or mainly in Scotland with such staff as the Scottish Ministers consider necessary for the discharge of his functions.]
(10)The decisions of the Chief Commissioner or, subject to sections 104 and 106, any other Commissioner (including decisions as to his jurisdiction) shall not be subject to appeal or liable to be questioned in any court.
Textual Amendments
F4Words in s. 91(1) inserted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 6 Pt. II para. 2(2)(a); S.I. 1998/3178, art. 3
F5Words in s. 91(2) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 17 para. 27; S.I. 2009/1604, art. 2(e)
F6S. 91(6) substituted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 6 Pt. II para. 2(2)(b); S.I. 1998/3178, art. 3
F7Words in s. 91(7)(b) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 169 (with art. 10)
F8Words in s. 91(7)(b) inserted (2.4.2001) by 2000 c. 39, s. 8, Sch. 4 Pt. II para. 22(2); S.I. 2001/766, art. 2(1)(a) (subject to the transitional provisions and savings in art. 3)
F9Words in s. 91(7)(b) inserted (E.W.S.) (with application in accordance with art. 1(2) of the amending S.I.) by The Insolvency Act 2000 (Company Directors Disqualification Undertakings) Order 2004 (S.I. 2004/1941), art. 1(2), Sch. para. 10
F10Words in s. 91(8) inserted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 6 Pt. II para. 2(2)(c); S.I. 1998/3178, art. 3
F11S. 91(8A) inserted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 6 Pt. II para. 2(2)(d); S.I. 1998/3178, art. 3
F12Words in s. 91(9) inserted (25.9.2000) by 2000 c. 23, s. 82, Sch. 4 para. 8(1)(a) (with s. 82(3)); S.I. 2000/2543, art. 2
F13Words in s. 91(9) inserted (25.9.2000) by 2000 c. 23, s. 82, Sch. 4 para. 8(1)(b) (with s. 82(3)); S.I. 2000/2543, art. 2
F14Words in s. 91(9) inserted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 6 Pt. II para. 2(2)(f); S.I. 1998/3178, art. 3
F15S. 91(9A) inserted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 6 Pt. II para. 2(2)(g); S.I. 1998/3178, art. 3.
Modifications etc. (not altering text)
C6S. 91(3)-(8) applied (25.9.2000) by 2000 c. 23, s. 63(5) (with s. 82(3)); S.I. 2000/2543, art. 2
Commencement Information
I3S. 91 wholly in force at 22.2.1999; s. 91 not in force at Royal Assent see s.135; s. 91 (1)-(9) in force at 1.9.1997 by S.I. 1997/1930, art. 2(with art. 2(3)); S. 91(10) in force at 22.2.1999 by S.I. 1999/151, art. 2
Marginal Citations
No entry on or interference with property or with wireless telegraphy shall be unlawful if it is authorised by an authorisation having effect under this Part.
(1)Where subsection (2) applies, an authorising officer may authorise—
(a)the taking of such action, in respect of such property in the relevant area, as he may specify,
[F16(ab)the taking of such action falling within subsection (1A), in respect of property outside the relevant area, as he may specify, or]
(b)the taking of such action in the relevant area as he may specify, in respect of wireless telegraphy.
[F17(1A)The action falling within this subsection is action for maintaining or retrieving any equipment, apparatus or device the placing or use of which in the relevant area has been authorised under this Part or Part II of the Regulation of Investigatory Powers Act 2000 or under any enactment contained in or made under an Act of the Scottish Parliament which makes provision equivalent to that made by Part II of that Act of 2000.
(1B)Subsection (1) applies where the authorising officer is a [F18National Crime Agency officer], [F19an officer of Revenue and Customs] [F20, an immigration officer] [F21or an officer of the Office of Fair Trading] with the omission of—
(a)the words “in the relevant area”, in each place where they occur; and
(b)paragraph (ab).]
(2)This subsection applies where the authorising officer believes—
(a)that it is necessary for the action specified to be taken [F22for the purpose of preventing or detecting] serious crime, and
[F23(b)that the taking of the action is proportionate to what the action seeks to achieve.]
[F24(2A)Subsection (2) applies where the authorising officer is the Chief Constable or the Deputy Chief Constable of the [F25Police Service of Northern Ireland] as if the reference in subsection (2)(a) to preventing or detecting serious crime included a reference to the interests of national security.
[F26(2AA)Where the authorising officer is the chairman of the Office of Fair Trading, the only purpose falling within subsection (2)(a) is the purpose of preventing or detecting an offence under section 188 of the Enterprise Act 2002.]
(2B)The matters to be taken into account in considering whether the requirements of subsection (2) are satisfied in the case of any authorisation shall include whether what it is thought necessary to achieve by the authorised action could reasonably be achieved by other means.]
(3)An authorising officer shall not give an authorisation under this section except on an application made—
[F27(za)if the authorising officer is within subsection (5)(a) to (c)—
(i)by a member of the officer's police force; or
(ii)in a case where the chief officer of police of that force (“the authorising force”) has made an agreement under section 23(1) of the Police Act 1996 with the chief officer of police of one or more other police forces, by a member of a collaborative force;]
[F28(zb)if the authorising officer is within subsection (5)(d), by a constable of the Police Service of Scotland;]
(a)if the authorising officer is within [F29subsection ] [F30(5)(e),] [F31(ea) or (ee)], by a member of his police force,
[F32(aa)if the authorising officer is within subsection (5)(eb) to (ed), by a member, as the case may be, of the [F33Royal Navy Police], the Royal Military Police or the Royal Air Force Police;]
[F34(b)if the authorising officer is within subsection (5)(f), by a [F35National Crime Agency officer],]
(d)if the authorising officer is within subsection (5)(h), by [F36an officer of Revenue and Customs] [F37, F38...
[F39(da)if the authorising officer is within subsection (5)(ha), by an immigration officer;]
(e)if the authorising officer is within subsection (5)(i), by an officer of the Office of Fair Trading.]
[F40(ea)if the authorising officer is within subsection (5)(ia), by a staff officer of the Police Investigations and Review Commissioner.]
F41(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F42(3A)For the purposes of subsection (3)(za)(ii)—
(a)a police force is a collaborative force if—
(i)its chief officer of police is a party to the agreement mentioned in that provision; and
(ii)its members are permitted by the terms of the agreement to make applications for authorisations under this section to the authorising officer of the authorising force; and
(b)a reference to a police force is to the following—
(i)any police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London);
(ii)the metropolitan police force; and
(iii)the City of London police force.]
[F43(3ZA)An authorisation under this section may be given by the authorising officer within subsection (5)(ia) only where it relates to the taking of action in pursuance of paragraph (b)(i) of section 33A of the Police, Public Order and Criminal Justice (Scotland) Act 2006.]
F44(3B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F44(3C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F44(3D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F44(3E). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)For the purposes of subsection (2), conduct which constitutes one or more offences shall be regarded as serious crime if, and only if,—
(a)it involves the use of violence, results in substantial financial gain or is conduct by a large number of persons in pursuit of a common purpose, or
(b)the offence or one of the offences is an offence for which a person who has attained the age of twenty-one and has no previous convictions could reasonably be expected to be sentenced to imprisonment for a term of three years or more,
and, where the authorising officer is within subsection (5)(h), [F45the conduct] relates to an assigned matter within the meaning of section 1(1) of the M3Customs and Excise Management Act 1979 [F46or, where the authorising officer is within subsection (5)(ha), any of the offences is an immigration or nationality offence].
(5)In this section “authorising officer” means—
(a)the chief constable of a police force maintained under section 2 of the M4Police Act 1996 (maintenance of police forces for areas in England and Wales except London);
(b)the Commissioner, or an Assistant Commissioner, of Police of the Metropolis;
(c)the Commissioner of Police for the City of London;
[F47(d)the chief constable of the Police Service of Scotland, or any deputy chief constable or assistant chief constable of the Police Service of Scotland who is designated for the purposes of this paragraph by the chief constable;]
(e)the Chief Constable or a Deputy Chief Constable of the [F25Police Service of Northern Ireland];
[F48(ea)the Chief Constable of the Ministry of Defence Police;
(eb)the Provost Marshal of the [F49Royal Navy Police];
(ec)the Provost Marshal of the Royal Military Police;
(ed)the Provost Marshal of the Royal Air Force Police;
(ee)the Chief Constable of the F50British Transport Police;]
[F51(f)the Director General of the National Crime Agency, or any other National Crime Agency officer who is designated for the purposes of this paragraph by that Director General;]
[F52(h)an officer of Revenue and Customs who is a senior official within the meaning of the Regulation of Investigatory Powers Act 2000 and who is designated for the purposes of this paragraph by the Commissioners for Her Majesty's Revenue and Customs;] F53...
[F54(ha)an immigration officer who is a senior official within the meaning of the Regulation of Investigatory Powers Act 2000 and who is designated for the purposes of this paragraph by the Secretary of State;]
[F55(i) the chairman of the Office of Fair Trading.]
[F56(ia)the Police Investigations and Review Commissioner.]
F57(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)In this section “relevant area”—
(a)in relation to a person within paragraph (a), (b) or (c) of subsection (5) [F58to whom an application is made by virtue of subsection (3)(za)(i)], means the area in England and Wales for which his police force is maintained;
[F59(aa)in relation to a person within any of those paragraphs to whom an application is made by virtue of subsection (3)(za)(ii), means the area in England and Wales—
(i)for which any collaborative force (within the meaning of subsection (3A)) is maintained; and
(ii)which is specified in relation to members of that force in the agreement mentioned in subsection (3)(za)(ii);]
(b)in relation to a person within paragraph (d) [F60or (ia) of subsection (5), means Scotland];
(c)in relation to a person within paragraph (e) of that subsection, means Northern Ireland;
[F61(ca)in relation to a person within paragraph (ea), means any place where, under section 2 of the M5Ministry of Defence Police Act 1987, the members of the Ministry of Defence Police have the powers and privileges of a constable;
(cb)in relation to a person within paragraph (ee), means the United Kingdom;]
F62(cc). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F63(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F64(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F65(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and in each case includes the adjacent United Kingdom waters.
[F66(6A)For the purposes of any authorisation by a person within paragraph (eb), (ec) or (ed) of subsection (5) property is in the relevant area or action in respect of wireless telegraphy is taken in the relevant area if, as the case may be—
(a)the property is owned, occupied, in the possession of or being used by a person [F67who is subject to service law or is a civilian subject to service discipline]; or
(b)the action is taken in relation to the use of wireless telegraphy by such a person.
[F68(6B)In subsection (6A) “subject to service law” and “civilian subject to service discipline” have the same meanings as in the Armed Forces Act 2006.]
[F69(6C)For the purposes of this section, an offence is an immigration or nationality offence if conduct constituting the offence—
(a)relates to the entitlement of one or more persons who are not nationals of the United Kingdom to enter, transit across, or be in, the United Kingdom (including conduct which relates to conditions or other controls on any such entitlement), or
(b)is undertaken for the purposes of, or otherwise in relation to, any of these enactments—
(i)the British Nationality Act 1981;
(ii)the Hong Kong Act 1985;
(iii)the Hong Kong (War Wives and Widows) Act 1996;
(iv)the British Nationality (Hong Kong) Act 1997;
(v)the British Overseas Territories Act 2002;
(vi)an instrument made under any of those Acts.]
(7)The powers conferred by, or by virtue of, this section are additional to any other powers which a person has as a constable either at common law or under or by virtue of any other enactment and are not to be taken to affect any of those other powers.]
Textual Amendments
F16S. 93(1)(ab) substituted for word “or” (25.9.2000) by 2000 c. 23, s. 75(2) (with s. 82(3)); S.I. 2000/2543, art. 2
F17S. 93(1A)(1B) inserted (25.9.2000) by 2000 c. 23, s. 75(3) (with s. 82(3)); S.I. 2000/2543, art. 2
F18Words in s. 93(1B) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 56(2); S.I. 2013/1682, art. 3(v)
F19Words in s. 93(1B) substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 12 para. 1(a); S.I. 2008/219, art. 2(b)
F20Words in s. 93(1B) inserted (25.6.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 21 para. 2(2) (with Sch. 20 para. 29); S.I. 2013/1042, art. 4(i)
F21Words in s. 93(1B) inserted (20.6.2003) by Enterprise Act 2002 (c. 40), ss. 200(2)(a), 279; S.I. 2003/1397, art. 2(1), Sch.
F22Words in s. 93(2)(a) substituted (25.9.2000) by 2000 c. 23, s. 75(4)(a) (with s. 82(3)); S.I. 2000/2543, art. 2
F23S. 93(2)(b) substituted (25.9.2000) by 2000 c. 23, s. 75(4)(b) (with s. 82(3)); S.I. 2000/2543, art. 2
F24S. 93(2A)(2B) inserted (25.9.2000) by 2000 c. 23, s. 75(5) (with s. 82(3)); S.I. 2000/2543, art. 2
F25Words in s. 93(2A)(5)(e) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 20(2)(b); S.R. 2001/396, art. 2, Sch.
F26S. 93(2AA) inserted (20.6.2003) by Enterprise Act 2002 (c. 40), ss. 200(2)(b), 279; S.I. 2003/1397, art. 2(1), Sch.
F27S. 93(3)(za) inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 6(2), 116(1); S.I. 2009/3096, art. 3(a)
F28S. 93(3)(zb) inserted (E.W.N.I.) (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 1 para. 6(2)(a)(i); and (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 14(2)(a)(i); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F29Words in s. 93(3)(a) substituted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 6(3), 116(1); S.I. 2009/3096, art. 3(a)
F30Word in s. 93(3)(a) substituted (E.W.N.I.) (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 1 para. 6(2)(a)(ii); and (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 14(2)(a)(ii); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F31Words in s. 93(3)(a) substituted (25.9.2000) by 2000 c. 23, s. 82(1), Sch. 4 para. 8(2)(a) (with s. 82(3)); S.I. 2000/2543, art. 2
F32S. 93(3)(aa) inserted (25.9.2000) by 2000 c. 23, s. 82, Sch. 4 para. 8(2)(b) (with s. 82(3)); S.I. 2000/2543, art. 2
F33Words in s. 93(3)(aa) substituted (4.6.2007) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 146(2); S.I. 2007/1442, art. 2(1)
F34S. 93(3)(b) substituted for s. 93(3)(b)(c) (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 97(3); S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(3))
F35Words in s. 93(3)(b) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 56(2); S.I. 2013/1682, art. 3(v)
F36Words in s. 93(3)(d) substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 12 para. 1(b); S.I. 2008/219, art. 2(b)
F37S. 93(3)(e) and word inserted (20.6.2003) by Enterprise Act 2002 (c. 40), ss. 200(2)(c), 279; S.I. 2003/1397, art. 2(1), Sch.
F38Word in s. 93(3)(d) omitted (25.6.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 21 para. 2(3)(a) (with Sch. 20 para. 29); S.I. 2013/1042, art. 4(i)
F39S. 93(3)(da) inserted (25.6.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 21 para. 2(3)(b) (with Sch. 20 para. 29); S.I. 2013/1042, art. 4(i)
F40S. 93(3)(ea) inserted (E.W.N.I.) (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 1 para. 6(2)(a)(iii); and (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 14(2)(a)(iii); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F41S. 93(3)(f) repealed (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F42S. 93(3A) inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 6(4), 116(1); S.I. 2009/3096, art. 3(a)
F43S. 93(3ZA) inserted (E.W.N.I.) (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 1 para. 6(2)(b); and (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 14(2)(b); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F44S. 93(3B)-(3E) repealed (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F45Words in s. 93(4) substituted (25.6.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 21 para. 2(4)(a) (with Sch. 20 para. 29); S.I. 2013/1042, art. 4(i)
F46Words in s. 93(4) inserted (25.6.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 21 para. 2(4)(b) (with Sch. 20 para. 29); S.I. 2013/1042, art. 4(i)
F47S. 93(5)(d) substituted (E.W.N.I.) (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 1 para. 6(2)(c)(i); and (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 14(2)(c)(i); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F48S. 93(5)(ea)-(ee) inserted (25.9.2000) by 2000 c. 23, s. 75(6)(a) (with s. 82(3)); S.I. 2000/2543, art. 2
F49Words in s. 93(5)(eb) substituted (4.6.2007) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 146(3); S.I. 2007/1442, art. 2(1)
F50S. 93 amended (1.7.2004) by Railways and Transport Safety Act 2003 (c. 20), Sch. 5 para. 4; S.I. 2004/1572, art. 3(jjj)
F51S. 93(5)(f) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 56(3); S.I. 2013/1682, art. 3(v)
F52S. 93(5)(h) substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 12 para. 1(c); S.I. 2008/219, art. 2(b)
F53Word in s. 93(5)(h) omitted (25.6.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 21 para. 2(5) (with Sch. 20 para. 29); S.I. 2013/1042, art. 4(i)
F54S. 93(5)(ha) inserted (25.6.2013) by Crime and Courts Act 2013 (c. 22), ss. 55(1), 61(2) (with Sch. 21 para. 40); S.I. 2013/1042, art. 4(d)
F55S. 93(5)(i) inserted (20.6.2003) by Enterprise Act 2002 (c. 40), ss. 200(2)(d), 279; S.I. 2003/1397, art. 2(1), Sch.
F56S. 93(5)(ia) inserted (E.W.N.I.) (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 1 para. 6(2)(c)(ii); and (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 14(2)(c)(ii); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F57S. 93(5)(j) repealed (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F58Words in s. 93(6)(a) inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 6(5)(a), 116(1); S.I. 2009/3096, art. 3(a)
F59S. 93(6)(aa) inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 6(5)(b), 116(1); S.I. 2009/3096, art. 3(a)
F60Words in s. 93(6)(b) substituted (E.W.N.I.) (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 1 para. 6(2)(d); and (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 14(2)(d); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F61S. 93(6)(ca)(cb) inserted (25.9.2000) by 2000 c. 23, s. 75(7) (with s. 82(3)); S.I. 2000/2543, art. 2
F62S. 93(6)(cc) repealed (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F63S. 93(6)(d) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 97(5), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(3))
F64S. 93(6)(e) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 97(5), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd) (with art. 4(3))
F65S. 93(6)(f) and the word “and” immediately preceding it repealed (25.9.2000) by 2000 c. 23, s. 82(2), Sch. 5 (with s. 82(3)); S.I. 2000/2543, art. 2
F66S. 93(6A)(6B) inserted (25.9.2000) by 2000 c. 23, s. 75(8) (with s. 82(3)); S.I. 2000/2543, art. 2
F67Words in s. 93(6A)(a) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 146(4); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F68S. 93(6B) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 146(5); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F69S. 93(6C) inserted (25.6.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 21 para. 2(6) (with Sch. 20 para. 29); S.I. 2013/1042, art. 4(i)
Modifications etc. (not altering text)
C7S. 93 amended (S.) (29.9.2000) by 2000 asp 11, s. 23(5) (with s. 30); S.S.I. 2000/341, art. 2
Marginal Citations
(1)Subsection (2) applies where it is not reasonably practicable for an authorising officer to consider an application for an authorisation under section 93 and—
(a)if the authorising officer is within paragraph (b) [F70 , (e) or (f)] of section 93(5), it is also not reasonably practicable for the application to be considered by any of the other persons within the paragraph concerned; F71. . . [F72or]
(b)if the authorising officer is within paragraph (a) [F73or (c)] of section 93(5), it is also not reasonably practicable for the application to be considered by his designated deputy F74 ...
F74(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)Where this subsection applies, the powers conferred on the authorising officer by section 93 may, in an urgent case, be exercised—
(a)where the authorising officer is within paragraph (a) [F75or (d)] of subsection (5) of that section, by a person holding the rank of assistant chief constable in his force;
(b)where the authorising officer is within paragraph (b) of that subsection, by a person holding the rank of commander in the metropolitan police force;
(c)where the authorising officer is within paragraph (c) of that subsection, by a person holding the rank of commander in the City of London police force;
(d)where the authorising officer is within paragraph (e) of that subsection, by a person holding the rank of assistant chief constable in the [F76Police Service of Northern Ireland];
[F77(da)where the authorising officer is within paragraph (ea) of that subsection, by a person holding the rank of deputy or assistant chief constable in the Ministry of Defence Police;
(db)where the authorising officer is within paragraph (eb) of that subsection, by a person holding the position of assistant Provost Marshal in the [F78Royal Navy Police];
(dc)where the authorising officer is within paragraph (ec) or (ed) of that subsection, by a person holding the position of deputy Provost Marshal in the Royal Military Police or, as the case may be, in the Royal Air Force Police;
(dd)where the authorising officer is within paragraph (ee) of that subsection, by a person holding the rank of deputy or assistant chief constable in the F79British Transport Police;]
[F80(e)where the authorising officer is within paragraph (f) of that subsection, by a person designated for the purposes of this section by the [F81Director General of the National Crime Agency];]
(f)where the authorising officer is within paragraph (h) of that subsection, [F82by an officer of Revenue and Customs who is a senior official within the meaning of the Regulation of Investigatory Powers Act 2000 and who is designated by the Commissioners for Her Majesty's Revenue and Customs] for the purposes of this section.
[F83(fa)where the authorising officer is within paragraph (ha) of that subsection, by a senior official (within the meaning of the Regulation of Investigatory Powers Act 2000) in the department of the Secretary of State by whom functions relating to immigration are exercisable who is designated by the Secretary of State for the purposes of this section;]
[F84(g)where the authorising officer is within paragraph (i) of that subsection, by an officer of the Office of Fair Trading designated by it for the purposes of this section.]
[F85(ga)where the authorising officer is within paragraph (ia) of that subsection, by a staff officer of the Police Investigations and Review Commissioner who is designated by the Commissioner for the purposes of this section.]
F86(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F87(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)In subsection (1), “designated deputy”—
[F88(a)in the case of an authorising officer within paragraph (a) of section 93(5), means—
(i)the person who is the appropriate deputy chief constable for the purposes of section 12A(1) of the Police Act 1996, or
(ii)the person holding the rank of assistant chief constable designated to act under section 12A(2) of that Act;]
F89(aa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)in the case of an authorising officer within paragraph (c) of section 93(5), means the person authorised to act F90. . . under section 25 of the M6City of London Police Act 1839; F91. . .
F92(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F93(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F93(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F93(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F70Words in s. 94(1)(a) substituted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 98(2)(a); S.I. 2006/378, art. 4(1), Sch. para. 10
F71Word at the end of s. 94(1)(a) repealed (25.9.2000) by 2000 c. 23, s. 82(2), Sch. 5 (with s. 82(3)); S.I. 2000/2543, art. 2
F72Word in s. 94(1)(a) inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 98(2)(b); S.I. 2006/378, art. 4(1), Sch. para. 10
F73Words in s. 94(1)(b) substituted (E.W.N.I.) (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 1 para. 6(3)(a); and (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 14(3)(a); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F74S. 94(1)(c) and word repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 98(2)(d), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd)
F75Words in s. 94(2)(a) repealed (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F76Words in s. 94(2)(d) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 20(2)(b); S.R. 2001/396, art. 2, Sch.
F77S. 94(2)(da)-(dd) inserted (25.9.2000) by 2000 c. 23, s. 82(1), Sch. 4 para. 8(4)(a) (with s. 82(3)); S.I. 2000/2543, art. 2
F78Words in s. 94(2)(db) substituted (4.6.2007) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 147; S.I. 2007/1442, art. 2(1)
F79S. 94 amended (1.7.2004) by Railways and Transport Safety Act 2003 (c. 20), Sch. 5 para. 4; S.I. 2004/1572, art. 3(jjj)
F80S. 94(2)(e) substituted for s. 94(2)(e)(ea) (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 98(3); S.I. 2006/378, art. 4(1), Sch. para. 10
F81Words in s. 94(2)(e) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 57; S.I. 2013/1682, art. 3(v)
F82Words in s. 94(2)(f) substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 12 para. 2; S.I. 2008/219, art. 2(b)
F83S. 94(2)(fa) inserted (25.6.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 21 para. 3 (with Sch. 20 para. 29); S.I. 2013/1042, art. 4(i)
F84S. 94(2)(g) inserted (20.6.2003) by Enterprise Act 2002 (c. 40), ss. 200(3), 279; S.I. 2003/1397, art. 2(1), Sch.
F85S. 94(2)(ga) inserted (E.W.N.I.) (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 1 para. 6(3)(b); and (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 14(3)(b); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F86S. 94(2)(h) repealed (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F87S. 94(3) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 98(4), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd)
F88S. 94(4)(a) substituted (8.11.2006) by Police and Justice Act 2006 (c. 48), s. 53(2), Sch. 14 para. 34
F89S. 94(4)(aa) repealed (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F90Words in s. 94(4) repealed (25.9.2000) by 2000 c. 23, s. 82(2), Sch. 5 (with s. 82(3)); S.I. 2000/2543, art. 2
F91Word in s. 94(4) repealed (30.9.1998) by 1998 c. 37, s. 113(3), s. 120(2), Sch. 10; S.I. 1998/2327, art. 2
F92S. 94(4)(c) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 98(4), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd)
F93S. 94(5)-(7) repealed (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
Modifications etc. (not altering text)
C8S. 94 applied (prosp.) by 2000 c. 23, ss. 49, 83(2), Sch. 2 para. 2(7) (with s. 82(3))
C9S. 94 applied (1.10.2007) by Regulation of Investigatory Powers Act 2000 (c. 23), s. 83(2), Sch. 2 para. 2(7) (with s. 82(3)); S.I. 2007/2196, art. 2(a)
Marginal Citations
(1)An authorisation shall be in writing, except that in an urgent case an authorisation (other than one given by virtue of section 94) may be given orally.
(2)An authorisation shall, unless renewed under subsection (3), cease to have effect—
(a)if given orally or by virtue of section 94, at the end of the period of 72 hours beginning with the time when it took effect;
(b)in any other case, at the end of the period of three months beginning with the day on which it took effect.
(3)If at any time before an authorisation would cease to have effect the authorising officer who gave the authorisation, or in whose absence it was given, considers it necessary for the authorisation to continue to have effect for the purpose for which it was issued, he may, in writing, renew it for a period of three months beginning with the day on which it would cease to have effect.
(4)A person shall cancel an authorisation given by him if satisfied that [F94the authorisation is one in relation to which the requirements of paragraphs (a) and (b) of section 93(2) are no longer satisfied.]
(5)An authorising officer shall cancel an authorisation given in his absence if satisfied that [F94the authorisation is one in relation to which the requirements of paragraphs (a) and (b) of section 93(2) are no longer satisfied].
(6)If the authorising officer who gave the authorisation is within paragraph (b) [F95[F96, (d), (e)] [F97or (f)]] of section 93(5), the power conferred on that person by subsections (3) and (4) above shall also be exercisable by each of the other persons within the paragraph concerned.
(7)Nothing in this section shall prevent a designated deputy from exercising the powers conferred on an authorising officer within paragraph (a) [F98, (c) [F99or (d) ]] [F98or (c)] of section 93(5) by subsections (3), (4) and (5) above.
Textual Amendments
F94Words in s. 95(4)(5) substituted (25.9.2000) by 2000 c. 23, s. 82(1), Sch. 4 para. 8(6)(a) (with s. 82(3)); S.I. 2000/2543, art. 2
F95Words in s. 95(6) substituted (25.9.2000) by 2000 c. 23, s. 82(1), Sch. 4 para. 8(6)(b) (with s. 82(3)); S.I. 2000/2543, art. 2
F96Words in s. 95(6) substituted (E.W.N.I) (1.4.2013) by virtue of The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 1 para. 6(4); and (S.) (1.4.2013) by virtue of Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 14(4)(a); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F97Words in s. 95(6) substituted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 99(2); S.I. 2006/378, art. 4(1), Sch. para. 10
F98Words in s. 95(7) substituted (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 14(4)(b); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F99Words in s. 95(7) substituted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 99(3); S.I. 2006/378, art. 4(1), Sch. para. 10
(1)Where a person gives, renews or cancels an authorisation, he shall, as soon as is reasonably practicable and in accordance with arrangements made by the Chief Commissioner, give notice in writing that he has done so to a Commissioner appointed under section 91(1)(b).
(2)Subject to subsection (3), a notice under this section shall specify such matters as the Secretary of State may by order prescribe.
(3)A notice under this section of the giving or renewal of an authorisation shall specify—
(a)whether section 97 applies to the authorisation or renewal, and
(b)where that section does not apply by virtue of subsection (3) of that section, the grounds on which the case is believed to be one of urgency.
(4)Where a notice is given to a Commissioner under this section, he shall, as soon as is reasonably practicable, scrutinise the notice.
(5)An order under subsection (2) shall be made by statutory instrument.
(6)A statutory instrument which contains an order under subsection (2) shall not be made unless a draft has been laid before, and approved by a resolution of, each House of Parliament.
Commencement Information
I4S. 96 wholly in force at 22.2.1999; s. 96 not in force at Royal Assent see s. 135; s. 96 in force for certain purposes at 1.9.1997 by S.I. 1997/1930, art. 2(with art. 2(3)); s. 96 in force at 22.2.1999 insofar as not already in force by S.I. 1999/151, art. 2
(1)An authorisation to which this section applies shall not take effect until—
(a)it has been approved in accordance with this section by a Commissioner appointed under section 91(1)(b), and
(b)the person who gave the authorisation has been notified under subsection (4).
(2)Subject to subsection (3), this section applies to an authorisation if, at the time it is given, the person who gives it believes—
(a)that any of the property specified in the authorisation—
(i)is used wholly or mainly as a dwelling or as a bedroom in a hotel, or
(ii)constitutes office premises, or
(b)that the action authorised by it is likely to result in any person acquiring knowledge of—
(i)matters subject to legal privilege,
(ii)confidential personal information, or
(iii)confidential journalistic material.
(3)This section does not apply to an authorisation where the person who gives it believes that the case is one of urgency.
(4)Where a Commissioner receives a notice under section 96 which specifies that this section applies to the authorisation, he shall as soon as is reasonably practicable—
(a)decide whether to approve the authorisation or refuse approval, and
(b)give written notice of his decision to the person who gave the authorisation.
(5)A Commissioner shall approve an authorisation if, and only if, he is satisfied that there are reasonable grounds for believing the matters specified in section 93(2).
(6)Where a Commissioner refuses to approve an authorisation, he shall, as soon as is reasonably practicable, make a report of his findings to the authorising officer who gave it or in whose absence it was given F100. . ..
[F101(6A)The reference in subsection (6) to the authorising officer who gave the authorisation or in whose absence it was given shall be construed, in the case of an authorisation given by or in the absence of a person within paragraph (b) [F102or (e)] of section 93(5), as a reference to the Commissioner of Police [F103or, as the case may be, Chief Constable] mentioned in the paragraph concerned.]
[F104(6B)The reference in subsection (6) to the authorising officer who gave the authorisation or in whose absence it was given shall be construed—
(a)in the case of an authorisation given by a person within paragraph (f) of section 93(5), as a reference to that person, and
(b)in the case of an authorisation given in the absence of such a person, as a reference to a [F105National Crime Agency officer] who is designated for the purposes of this section by the Director General of that Agency.]
(7)This section shall apply in relation to a renewal of an authorisation as it applies in relation to an authorisation (the references in subsection (2)(a) and (b) to the authorisation being construed as references to the authorisation renewed).
(8)In this section—
“office premises” has the meaning given in section 1(2) of the M7Offices, Shops and Railway Premises Act 1963;
“hotel” means premises used for the reception of guests who desire to sleep in the premises.
Textual Amendments
F100Words in s. 97(6) repealed (25.9.2000) by 2000 c. 23, s. 82(1)(2), Sch. 4 para. 8(7), Sch. 5 (with s. 82(3)); S.I. 2000/2543, art. 2
F101S. 97(6A) inserted (25.9.2000) by 2000 c. 23, s. 82(1), Sch. 4 para. 82(3); S.I. 2000/2543, art. 2
F102Words in s. 97(6A) substituted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 100(2)(a); S.I. 2006/378, art. 4(1), Sch. para. 10
F103Words in s. 97(6A) substituted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 100(2)(b); S.I. 2006/378, art. 4(1), Sch. para. 10
F104S. 97(6B) inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 100(3); S.I. 2006/378, art. 4(1), Sch. para. 10
F105Words in s. 97(6B)(b) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 58; S.I. 2013/1682, art. 3(v)
Marginal Citations
(1)Subject to subsection (5) below, in section 97 “matters subject to legal privilege” means matters to which subsection (2), (3) or (4) below applies.
(2)This subsection applies to communications between a professional legal adviser and—
(a)his client, or
(b)any person representing his client,
which are made in connection with the giving of legal advice to the client.
(3)This subsection applies to communications—
(a)between a professional legal adviser and his client or any person representing his client, or
(b)between a professional legal adviser or his client or any such representative and any other person,
which are made in connection with or in contemplation of legal proceedings and for the purposes of such proceedings.
(4)This subsection applies to items enclosed with or referred to in communications of the kind mentioned in subsection (2) or (3) and made—
(a)in connection with the giving of legal advice, or
(b)in connection with or in contemplation of legal proceedings and for the purposes of such proceedings.
(5)For the purposes of section 97—
(a)communications and items are not matters subject to legal privilege when they are in the possession of a person who is not entitled to possession of them, and
(b)communications and items held, or oral communications made, with the intention of furthering a criminal purpose are not matters subject to legal privilege.
(1)In section 97 “confidential personal information” means—
(a)personal information which a person has acquired or created in the course of any trade, business, profession or other occupation or for the purposes of any paid or unpaid office, and which he holds in confidence, and
(b)communications as a result of which personal information—
(i)is acquired or created as mentioned in paragraph (a), and
(ii)is held in confidence.
(2)For the purposes of this section “personal information” means information concerning an individual (whether living or dead) who can be identified from it and relating—
(a)to his physical or mental health, or
(b)to spiritual counselling or assistance given or to be given to him.
(3)A person holds information in confidence for the purposes of this section if he holds it subject—
(a)to an express or implied undertaking to hold it in confidence, or
(b)to a restriction on disclosure or an obligation of secrecy contained in any enactment (including an enactment contained in an Act passed after this Act).
(1)In section 97 “confidential journalistic material” means—
(a)material acquired or created for the purposes of journalism which—
(i)is in the possession of persons who acquired or created it for those purposes,
(ii)is held subject to an undertaking, restriction or obligation of the kind mentioned in section 99(3), and
(iii)has been continuously held (by one or more persons) subject to such an undertaking, restriction or obligation since it was first acquired or created for the purposes of journalism, and
(b)communications as a result of which information is acquired for the purposes of journalism and held as mentioned in paragraph (a)(ii).
(2)For the purposes of subsection (1), a person who receives material, or acquires information, from someone who intends that the recipient shall use it for the purposes of journalism is to be taken to have acquired it for those purposes.
Textual Amendments
F106S. 101 repealed (25.9.2000) by 2000 c. 23, s. 82(2), Sch. 5 (with s. 82(3)); S.I. 2000/2543, art. 2
Textual Amendments
F107S. 102 repealed (25.9.2000) by 2000 c. 23, ss. 70(2)(c), 82(2), Sch. 5 (with s. 82(3)); S.I. 2000/2543, art. 2 (and by art. 6(1) of that S.I. the repeal is expressed to be brought into force on 2.10.2000 subject to the provisions of art. 6(2)-(5))
(1)Where, at any time, a Commissioner appointed under section 91(1)(b) is satisfied that, at the time an authorisation was given or renewed, there were no reasonable grounds for believing the matters specified in section 93(2), he may quash the authorisation or, as the case may be, renewal.
(2)Where, in the case of an authorisation or renewal to which section 97 does not apply, a Commissioner appointed under section 91(1)(b) is at any time satisfied that, at the time the authorisation was given or, as the case may be, renewed,—
(a)there were reasonable grounds for believing any of the matters specified in subsection (2) of section 97, and
(b)there were no reasonable grounds for believing the case to be one of urgency for the purposes of subsection (3) of that section,
he may quash the authorisation or, as the case may be, renewal.
(3)Where a Commissioner quashes an authorisation or renewal under subsection (1) or (2), he may order the destruction of any records relating to information obtained by virtue of the authorisation (or, in the case of a renewal, relating wholly or partly to information so obtained after the renewal) other than records required for pending criminal or civil proceedings.
(4)If a Commissioner appointed under section 91(1)(b) is satisfied that, at any time after an authorisation was given or, in the case of an authorisation renewed under section 95, after it was renewed, there were no reasonable grounds for believing the matters specified in section 93(2), he may cancel the authorisation.
(5)Where—
(a)an authorisation has ceased to have effect (otherwise than by virtue of subsection (1) or (2)), and
(b)a Commissioner appointed under section 91(1)(b) is satisfied that, at any time during the period of the authorisation, there were no reasonable grounds for believing the matters specified in section 93(2),
he may order the destruction of any records relating, wholly or partly, to information which was obtained by virtue of the authorisation after that time (other than records required for pending criminal or civil proceedings).
(6)Where a Commissioner exercises his powers under subsection (1), (2) or (4), he shall, if he is satisfied that there are reasonable grounds for doing so, order that the authorisation shall be effective, for such period as he shall specify, so far as it authorises the taking of action to retrieve anything left on property in accordance with the authorisation.
(7)Where a Commissioner exercises a power conferred by this section, he shall, as soon as is reasonably practicable, make a report of his findings—
(a)to the authorising officer who gave the authorisation or in whose absence it was given, and
(b)to the Chief Commissioner;
[F108and subsection (6A) of section 97 shall apply for the purposes of this subsection as it applies for the purposes of subsection (6) of that section.]
(8)Where—
(a)a decision is made under subsection (1) or (2) and an order for the destruction of records is made under subsection (3), or
(b)a decision to order the destruction of records is made under subsection (5),
the order shall not become operative until the period for appealing against the decision has expired and, where an appeal is made, a decision dismissing it has been made by the Chief Commissioner.
(9)A Commissioner may exercise any of the powers conferred by this section notwithstanding any approval given under section 97.
Textual Amendments
F108Words in s. 103(7) substituted (25.9.2000) by 2000 c. 23, s. 82(1), Sch. 4 para. 8(8) (with s. 82(3)); S.I. 2000/2543, art. 2
(1)An authorising officer who gives an authorisation, or in whose absence it is given, may, within the prescribed period, appeal to the Chief Commissioner against—
(a)any refusal to approve the authorisation or any renewal of it under section 97;
(b)any decision to quash the authorisation, or any renewal of it, under subsection (1) of section 103;
(c)any decision to quash the authorisation, or any renewal of it, under subsection (2) of that section;
(d)any decision to cancel the authorisation under subsection (4) of that section;
(e)any decision to order the destruction of records under subsection (5) of that section;
(f)any refusal to make an order under subsection (6) of that section;
F109(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)In subsection (1), “the prescribed period” means the period of seven days beginning with the day on which the refusal, decision or, as the case may be, determination appealed against is reported to the authorising officer.
(3)In determining an appeal within subsection (1)(a), the Chief Commissioner shall, if he is satisfied that there are reasonable grounds for believing the matters specified in section 93(2), allow the appeal and direct the Commissioner to approve the authorisation or renewal under that section.
(4)In determining—
(a)an appeal within subsection (1)(b), F110. . .
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the Chief Commissioner shall allow the appeal unless he is satisfied that, at the time the authorisation was given or, as the case may be, renewed there were no reasonable grounds for believing the matters specified in section 93(2).
(5)In determining—
(a)an appeal within subsection (1)(c), F110. . .
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the Chief Commissioner shall allow the appeal unless he is satisfied as mentioned in section 103(2).
(6)In determining—
(a)an appeal within subsection (1)(d) or (e), F110. . .
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the Chief Commissioner shall allow the appeal unless he is satisfied that at the time to which the decision relates there were no reasonable grounds for believing the matters specified in section 93(2).
(7)In determining an appeal within subsection (1)(f), the Chief Commissioner shall allow the appeal and order that the authorisation shall be effective to the extent mentioned in section 103(6), for such period as he shall specify, if he is satisfied that there are reasonable grounds for making such an order.
(8)Where an appeal is allowed under this section, the Chief Commissioner shall—
(a)in the case of an appeal within subsection (1)(b) or (c), also quash any order made by the Commissioner to destroy records relating to information obtained by virtue of the authorisation concerned, F111. . .
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F109S. 104(1)(g) repealed (25.9.2000) by 2000 c. 23, s. 82(2), Sch. 5 (with s. 82(3)); S.I. 2000/2543, art. 2
F110S. 104(4)(b)(5)(b)(6)(b) and the word “or” immediately preceding them repealed (25.9.2000) by 2000 c. 23, s. 82(2), Sch. 5 (with s. 82(3)); S.I. 2000/2543, art. 2
F111S. 104(8)(b) and the word “and” immediately preceding it repealed (25.9.2000) by 2000 c. 23, s. 82(2), Sch. 5 (with s. 82(3)); S.I. 2000/2543, art. 2
(1)Where the Chief Commissioner determines an appeal under section 104—
(a)he shall give notice of his determination—
(i)to the authorising officer concerned, [F112and]
(ii)to the Commissioner against whose refusal, decision or determination the appeal was made, F113. . .
(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)if he dismisses the appeal, he shall make a report of his findings—
(i)to the authorising officer concerned,
(ii)to the Commissioner against whose refusal, decision or determination the appeal was made, and
(iii)under section 107(2), to the Prime Minister [and the Scottish Ministers].
(2)Subject to subsection (1)(b), the Chief Commissioner shall not give any reasons for a determination under section 104.
(3)Nothing in section 104 shall prevent a designated deputy from exercising the powers conferred by subsection (1) of that section on an authorising officer within paragraph (a) [F114or (c)] of section 93(5).
Textual Amendments
F112Word in s. 105(1)(a)(i) inserted (25.9.2000) by 2000 c. 23, s. 82(1), Sch. 4 para. 8(9) (with s. 82(3)); S.I. 2000/2543, art. 2
F113S. 105(1)(a)(iii) and the word “and” immediately preceding it repealed (25.9.2000) by 2000 c. 23, s. 82(1)(2), Sch. 4 para. 8(9), Sch. 5 (with s. 82(3)); S.I. 2000/2543, art. 2
F114Words in s. 105(3) substituted (E.W.N.I.) (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 1 para. 6(5); and (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 14(5); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
Modifications etc. (not altering text)
C10Words in s. 105(1)(b)(iii) inserted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 6 Pt. II para. 2(3); S.I. 1998/3178, art. 3
Textual Amendments
F115S. 106 repealed (25.9.2000) by 2000 c. 23, s. 82(2), Sch. 5 (with s. 82(3)); S.I. 2000/2543, art. 2
(1)The Chief Commissioner shall keep under review the performance of functions under this Part.
(2)The Chief Commissioner shall make an annual report on [F116the matters with which he is concerned] to the Prime Minister [F117and to the Scottish Ministers] and may at any time report to him [F117or them (as the case may require)] on [F116anything relating to any of those matters].
(3)The Prime Minister shall lay before each House of Parliament a copy of each annual report made by the Chief Commissioner under subsection (2) together with a statement as to whether any matter has been excluded from that copy in pursuance of subsection (4) below.
[F118(3A)The Scottish Ministers shall lay before the Scottish Parliament a copy of each annual report made by the Chief Commissioner under subsection (2), together with a statement as to whether any matter has been excluded from that copy in pursuance of subsection (4) below.]
(4)The Prime Minister may exclude a matter from the copy of a report as laid before each House of Parliament, if it appears to him, after consultation with the Chief Commissioner [F119and the Scottish Ministers], that the publication of that matter in the report would be prejudicial to [F120any of the purposes for which authorisations may be given or granted under this Part of this Act or Part II of the Regualtion of Investigatory Powers Act 2000 or under any enactment contained in or made under an Act of the Scottish Parliament which makes provision equivalent to that made by Part II of that Act of 2000 or] to the discharge of—
(a)the functions of any [F121local policing body or] [F122the Scottish Police Authority],
(b)the functions of the [F123National Crime Agency], or
[F124(bza)the functions of the Police Investigations and Review Commissioner under section 33A(b)(i) of the Police, Public Order and Criminal Justice (Scotland) Act 2006,]
F125(ba). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)the duties of [F126the Commissioners for Her Majesty's Revenue and Customs.]
[F127(d)the functions of the Secretary of State relating to immigration.]
(5)Any person having functions under this Part, and any person taking action in relation to which an authorisation was given, shall comply with any request of a Commissioner for documents or information required by him for the purpose of enabling him to discharge his functions.
[F128(5A)It shall be the duty of—
(a)every person by whom, or on whose application, there has been given or granted any authorisation the function of giving or granting which is subject to review by the Chief Commissioner,
(b)every person who has engaged in conduct with the authority of such an authorisation,
(c)every person who holds or has held any office, rank or position with the same public authority as a person falling within paragraph (a),
(d)every person who holds or has held any office, rank or position with any public authority for whose benefit (within the meaning of Part II of the Regulation of Investigatory Powers Act 2000) activities which are or may be subject to any such review have been or may be carried out, and
(e)every person to whom a notice under section 49 of the Regulation of Investigatory Powers Act 2000 (notices imposing a disclosure requirement in respect of information protected by a key) has been given in relation to any information obtained by conduct to which such an authorisation relates,
to disclose or provide to the Chief Commissioner all such documents and information as he may require for the purpose of enabling him to carry out his functions.
(5B)It shall be the duty of every Commissioner to give the tribunal established under section 65 of the Regulation of Investigatory Powers Act 2000 all such assistance (including his opinion as to any issue falling to be determined by that tribunal) as that tribunal may require—
(a)in connection with the investigation of any matter by that tribunal; or
(b)otherwise for the purposes of that tribunal’s consideration or determination of any matter.
(5C)In this section “public authority” means any public authority within the meaning of section 6 of the M8Human Rights Act 1998 (acts of public authorities) other than a court or tribunal.]
F129(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F116Words in s. 107(2) substituted (25.9.2000) by 2000 c. 23, s. 82(1), Sch. 4 para. 8(10)(a)(i)(ii) (with s. 82(3)); S.I. 2000/2543, art. 2
F117Words in s. 107(2) inserted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 6 Pt. II para. 2(5)(a)(i)(ii); S.I. 1998/3178, art. 3
F118S. 107(3A) inserted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 6 Pt. II para. 2(5)(b); S.I. 1998/3178, art. 3
F119Words in s. 107(4) inserted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 6 Pt. II para. 2(5)(c); S.I. 1998/3178, art. 3
F120Words in s. 107(4) substituted (25.9.2000) by 2000 c. 23, s. 82(1), Sch. 4 para. 8(10)(b) (with s. 82(3)); S.I. 2000/2543, art. 2
F121Words in s. 107(4)(a) inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 222; S.I. 2011/3019, art. 3, Sch. 1
F122Words in s. 107(4)(a) substituted (E.W.N.I.) (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 1 para. 6(6)(a); and (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 14(6)(a); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F123Words in s. 107(4)(b) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 59; S.I. 2013/1682, art. 3(v)
F124S. 107(4)(bza) inserted (E.W.N.I.) (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 1 para. 6(6)(b); and (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 14(6)(b); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F125S. 107(4)(ba) repealed (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F126Words in s. 107(4)(c) substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 12 para. 3; S.I. 2008/219, art. 2(b)
F127S. 107(4)(d) inserted (25.6.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 21 para. 4 (with Sch. 20 para. 29); S.I. 2013/1042, art. 4(i)
F128S. 107(5A)-(5C) inserted (25.9.2000) by 2000 c. 23, s. 82(1), Sch. 4 para. 8(10)(c)(11) (with s. 82(3)); S.I. 2000/2543, art. 2
F129S. 107(6) repealed (25.9.2000) by 2000 c. 23, s. 82(2), Sch. 5 (with s. 82(3)); S.I. 2000/2543, art. 2
Modifications etc. (not altering text)
C11S. 107(3)(4) applied (25.9.2000) by 2000 c. 23, s. 39(3) (with s. 82(3)); S.I. 2000/2543, art. 2
Marginal Citations
(1)In this Part—
[F130“Assistant Commissioner of Police of the Metropolis” includes the Deputy Commissioner of Police of the Metropolis;]
“authorisation” means an authorisation under section 93;
“authorising officer” has the meaning given by section 93(5);
“criminal proceedings” includes [F131proceedings (whether or not before a court) in respect of a service offence within the meaning of the Armed Forces Act 2006;]
F132...
“designated deputy” has the meaning given in section 94(4);
“United Kingdom waters” has the meaning given in section 30(5) of the M9Police Act 1996; and
“wireless telegraphy” has the same meaning as in [F133the Wireless Telegraphy Act 2006] and, in relation to wireless telegraphy, “interfere” has the same meaning as in that Act.
(2)Where, under this Part, notice of any matter is required to be given in writing, the notice may be transmitted by electronic means.
(3)For the purposes of this Part, an authorisation (or renewal) given—
(a)by the designated deputy of an authorising officer, or
(b)by a person on whom an authorising officer’s powers are conferred by section 94,
shall be treated as an authorisation (or renewal) given in the absence of the authorising officer concerned; and references to the authorising officer in whose absence an authorisation (or renewal) was given shall be construed accordingly.
Textual Amendments
F130In s. 108(1) definition of "Assistant Commissioner of Police of the Metropolis" inserted (25.9.2000) by 2000 c. 23, s. 82(1), Sch. 4 para. 8(12) (with s. 82(3)); S.I. 2000/2543, art. 2
F131Words in s. 108(1) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 148; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F132Words in s. 108(1) repealed (15.2.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 12 para. 4, Sch. 14; S.I. 2008/219, art. 2(b)(d)(i)
F133Words in s. 108(1) substituted (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), s. 126(2), Sch. 7 para. 19
Modifications etc. (not altering text)
C12S. 108(1) modified (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), art. 1(3), Sch. 1 para. 41
Marginal Citations
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F134Ss. 109-111 repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 15 Pt. 1(A); S.I. 2007/709, art. 3(q) (with art. 6)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F134Ss. 109-111 repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 15 Pt. 1(A); S.I. 2007/709, art. 3(q) (with art. 6)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F134Ss. 109-111 repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 15 Pt. 1(A); S.I. 2007/709, art. 3(q) (with art. 6)
Modifications etc. (not altering text)
C13Pt. 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)
C14Pt. 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)
C15Pt. 5 modified (temp.) (S.) (20.1.2009) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Transitory Provisions in Consequence of the Safeguarding Vulnerable Groups Act 2006) Order 2009 (S.S.I. 2009/4), arts. 1(2), 5 (with art. 3)
C16Pt. 5 modified (temp.) (S.) (20.1.2009) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Transitory Provisions in Consequence of the Safeguarding Vulnerable Groups Act 2006) Order 2009 (S.S.I. 2009/4), arts. 1(2), 4 (with art. 3)
C17Pt. 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)
C18Pt. 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)
C19Pt. 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)
(1)[F135The Secretary of State] [F135DBS] shall issue a criminal conviction certificate to any individual who—
(a)makes an application F136...,
[F137(aa)is aged 16 or over at the time of making the application,] and
(b)[F138pays any fee that is payable in relation to the application under regulations made by the Secretary of State.]
[F138pays in the prescribed manner any prescribed fee]
(2)A criminal conviction certificate is a certificate which—
(a)gives the prescribed details of every conviction [F139or conditional caution] of the applicant which is recorded in central records, or
(b)states that there [F140is no such conviction] [F140are no such convictions and conditional cautions].
(3)In this section—
“central records” means such records of convictions [F141and conditional cautions] held for the use of police forces generally as may be prescribed;
[F142“conditional caution” means a caution given under section 22 of the Criminal Justice Act 2003 (c. 44) or section 66A of the Crime and Disorder Act 1998, other than one that is spent for the purposes of Schedule 2 to the Rehabilitation of Offenders Act 1974.]
“conviction” means a conviction within the meaning of the M10Rehabilitation of Offenders Act 1974, other than a spent conviction.
(4)Where an applicant has received a criminal conviction certificate, [F143the Secretary of State] [F143DBS] may refuse to issue another certificate to that applicant during such period as may be prescribed.
Textual Amendments
F135Words in s. 112(1) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(a) (with Pt. 4)
F136Words in s. 112(1)(a) repealed (S.) (11.1.2008) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), ss. 79(1), 101(2) (with ss. 90, 99); S.S.I. 2007/564, art. 2, sch.; and words repealed (E.W.N.I.) (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 97(2), 116(1), Sch. 8 Pt. 8; S.I. 2010/125, art. 2(n)(u)
F137S. 112(1)(aa) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 80(1), 120 (with s. 97); S.I. 2012/2234, art. 2(s) (with art. 5)
F138S. 112(1)(b) substituted (S.) (7.2.2006) by The Police Act 1997 Amendment (Scotland) Order 2006 (S.S.I. 2006/50), arts. 1(1), 2(1)(b)
F139Words in s. 112(2)(a) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 84(a), 120 (with s. 97); S.I. 2012/2234, art. 2(v)
F140Words in s. 112(2)(b) substituted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 84(b), 120 (with s. 97); S.I. 2012/2234, art. 2(v)
F141Words in s. 112 inserted (E.W.) (19.12.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 50(2)(a), 153(7); S.I. 2008/3260, art. 2(1)(b)
F142Words in s. 112 inserted (E.W.) (19.12.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 50(2)(b), 153(7); S.I. 2008/3260, art. 2(1)(b)
F143Words in s. 112(4) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(a) (with Pt. 4)
Commencement Information
I5S. 112 not in force at Royal Assent, see s. 135(1)
I6S. 112 in force at 31.7.2002 for S. by S.S.I. 2002/124, art. 5
I7S. 112 in force at 1.4.2008 for N.I. by S.I. 2008/692, art. 2(a)
I8S. 112 in force at 10.3.2014 for E.W. by S.I. 2014/237, art. 2
Marginal Citations
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F144S. 113 repealed (1.4.2006 for S., 6.4.2006 for E.W.) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 163(1), 178(4)(d)(8), Sch. 17 Pt. 2; S.S.I. 2006/166, art. 2(1)(c)(d); S.I. 2006/378, art. 7(a)(f)
(1)[F146The Secretary of State] [F146DBS] must issue a criminal record certificate to any individual who—
(a)makes an application F147...,
[F148(aa)is aged 16 or over at the time of making the application,] and
(b)pays in the prescribed manner any prescribed fee.
(2)The application must—
(a)be countersigned by a registered person, and
(b)be accompanied by a statement by the registered person that the certificate is required for the purposes of an exempted question.
[F149(2A)But an application for a criminal record certificate need not be countersigned by a registered person if—
(a)the application is transmitted to [F150the Secretary of State] [F150DBS] electronically by a registered person who satisfies conditions determined by [F150the Secretary of State] [F150DBS], and
(b)it is transmitted in accordance with requirements determined by [F150the Secretary of State] [F150DBS].]
(3)A criminal record certificate is a certificate which—
(a)gives the prescribed details of every relevant matter relating to the applicant which is recorded in central records, [F151or
(b)states that there is no such matter.]
[F151(or states that there is no such matter); and
(b)if the applicant is subject to notification requirements under Part 2 of the Sexual Offences Act 2003 (c. 42), states that fact.]
(4)[F152[F153The Secretary of State] [F153DBS] must send a copy of a criminal record certificate to [F154the registered person who countersigned] [F154whoever acted as the registered person in relation to] the application.]
(5)[F155The Secretary of State] [F155DBS] may treat an application under this section as an application under section 113B if—
(a)in [F156his] [F156its] opinion the certificate is required for a purpose prescribed under subsection (2) of that section,
(b)the registered person provides [F157him] [F157it] with the statement required by that subsection, and
(c)the applicant consents and pays to [F155the Secretary of State] [F155DBS] the amount (if any) by which the fee payable in relation to an application under that section exceeds the fee paid in relation to the application under this section.
[F158(5A)The Scottish Ministers need not issue a criminal record certificate under subsection (1) if the statement accompanying the application states that the purpose for which the certificate is required is the purpose mentioned in disclosure condition C (set out in section 55 of the Protection of Vulnerable Groups (Scotland) Act 2007) (asp 14)).]
(6)In this section—
“central records” means such records of convictions [F159and cautions] [F159, cautions or other information] held for the use of police forces generally as may be prescribed;
“exempted question” means a question [F160which—
so far as it applies to convictions, is a question] in relation to which section 4(2)(a) or (b) of the Rehabilitation of Offenders Act 1974 (effect of rehabilitation) has been excluded by an order of the Secretary of State under section 4(4) of that Act; [F161and—
so far as it applies to cautions, is a question to which paragraph 3(3) or (4) of Schedule 2 to that Act has been excluded by an order of the Secretary of State under paragraph 4 of that Schedule;]
[F162“relevant matter” means—
[F162“relevant matter”, in this section as it has effect in England and Wales, means—
in relation to a person who has one conviction only—
a conviction of an offence within subsection (6D);
a conviction in respect of which a custodial sentence or a sentence of service detention was imposed; or
a current conviction;
in relation to any other person, any conviction;
a caution given in respect of an offence within subsection (6D);
a current caution.]
[F165(6D)The offences referred to in paragraphs (a)(i) and (c) of the definition of “relevant matter” in subsection (6), as it has effect in England and Wales, are as follows—
(a)murder;
(b)an offence under section 67(1A) of the Medicines Act 1968 (prescribing, etc. a medicinal product in contravention of certain conditions);
(c)an offence under any of sections 126 to 129 of the Mental Health Act 1983;
(d)an offence specified in the Schedule to the Disqualification from Caring for Children (England) Regulations 2002;
(e)an offence specified in Schedule 15 to the Criminal Justice Act 2003 (specified offences for the purposes of Chapter 5 of Part 12 of that Act (dangerous offenders));
(f)an offence under the following provisions of the Mental Capacity Act 2005—
(i)section 44 (ill-treatment or neglect);
(ii)paragraph 4 of Schedule 1 (applications and procedure for registration);
(iii)paragraph 4 of Schedule 4 (duties of attorney in event of incapacity of donor);
(g)an offence under section 7, 9 or 19 of the Safeguarding Vulnerable Groups Act 2006 (offences in respect of regulated activity);
(h)an offence specified in section 17(3)(a), (b) or (c) of the Health and Social Care Act 2008 (cancellation of registration), apart from an offence under section 76 of that Act (disclosure of confidential personal information);
(i)an offence specified in the Schedule to the Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria and Miscellaneous Provisions) Regulations 2009;
(j)an offence specified in Schedule 2 or 3 to the Childcare (Disqualification) Regulations 2009;
(k)an offence which has been superseded (directly or indirectly) by an offence within paragraphs (a) to (j);
(l)an offence of—
(i)attempting or conspiring to commit any offence falling within paragraphs (a) to (k), or
(ii)inciting or aiding, abetting, counselling or procuring the commission of any such offence,
or an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) committed in relation to any such offence;
(m)an offence under the law of Scotland or Northern Ireland or any territory outside the United Kingdom which corresponds to an offence under the law of England and Wales within any of paragraphs (a) to (l);
(n)any offence under section 42 of the Armed Forces Act 2006 in relation to which the corresponding offence under the law of England and Wales (within the meaning of that section) is an offence within any of paragraphs (a) to (l);
(o)an offence under section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957 of which the corresponding civil offence (within the meaning of that Act) is an offence within any of paragraphs (a) to (l).
(6E)For the purposes of the definition of “relevant matter” as it has effect in England and Wales—
(a)“conviction” has the same meaning as in the Rehabilitation of Offenders Act 1974, and includes a spent conviction within the meaning of that Act;
(b)“caution” includes a caution which is spent for the purposes of Schedule 2 to that Act but excludes a disregarded caution within the meaning of Chapter 4 of Part 5 of the Protection of Freedoms Act 2012;
(c)a person’s conviction is a current conviction if—
(i)the person was aged 18 or over on the date of the conviction and that date fell within the 11 year period ending with the day on which the certificate is issued, or
(ii)the person was aged under 18 on the date of conviction and that date fell within the period of 5 years and 6 months ending with the day on which the certificate is issued;
(d)a caution given to a person is a current caution if—
(i)the person was aged 18 or over on the date it was given and that date fell within the 6 year period ending with the day on which the certificate is issued, or
(ii)the person was aged under 18 on the date it was given and that date fell within the 2 year period ending with the day on which the certificate is issued;
(e)“custodial sentence” and “sentence of service detention” have the same meaning as in section 5(8) of the Rehabilitation of Offenders Act 1974.
(6F)Section 139(1) and (4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (which amends section 5(8) of the Rehabilitation of Offenders Act 1974) is to be treated for the purposes of subsection (6E)(e) as being in force when subsection (6E)(e) comes into force.]
[F166(7)The Secretary of State may by order amend the definitions of “central records” and “relevant matter” in subsection (6).
(8)The power to make an order under subsection (7) is exercisable by statutory instrument, but no such order may be made unless a draft of the instrument containing the order is laid before and approved by resolution of each House of Parliament.]
[F167(9)For the purposes of this Part a person acts as the registered person in relation to an application for a criminal record certificate if the person—
(a)countersigns the application, or
(b)transmits the application to [F168the Secretary of State] [F168DBS] under subsection (2A).]
F169(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F145Ss. 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
F146Words in s. 113A(1) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(b) (with Pt. 4)
F147Words in s. 113A(1)(a) repealed (S.) (11.1.2008) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), ss. 79(1), 101(2) (with ss. 90, 99); S.S.I. 2007/564, art. 2, sch.; and words repealed (E.W.N.I.) (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 97(2), 116(1), Sch. 8 Pt. 8; S.I. 2010/125, art. 2(n)(u)
F148S. 113A(1)(aa) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 80(1), 120 (with s. 97); S.I. 2012/2234, art. 2(s) (with art. 5)
F149S. 113A(2A) inserted (E.W.) (2.3.2009) by The Police Act 1997 (Criminal Records) (Electronic Communications) Order 2009 (S.I. 2009/203), arts. 1(1), 3(2)
F150Words in s. 113A(2A) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(b) (with Pt. 4)
F151Words in s. 113A(3) substituted (S.) (28.2.2011) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), ss. 78(2)(a), 101(2) (with ss. 90, 99); S.S.I. 2011/157, art. 2(a) (with art. 3)
F152S. 113A(4) repealed (E.W.) (17.6.2013) by Protection of Freedoms Act 2012 (c. 9), ss. 79(2)(a), 120, Sch. 10 Pt. 6 (with s. 97); S.I. 2013/1180, art. 2(a)
F153Words in s. 113A(4) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(b) (with Pt. 4)
F154Words in s. 113A(4) substituted (E.W.) (2.3.2009) by The Police Act 1997 (Criminal Records) (Electronic Communications) Order 2009 (S.I. 2009/203), arts. 1(1), 3(3)
F155Words in s. 113A(5) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(b) (with Pt. 4)
F156Word in s. 113A(5)(a) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 38(a) (with Pt. 4)
F157Word in s. 113A(5)(b) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 38(b) (with Pt. 4)
F158S. 113A(5A) inserted (S.) (28.2.2011) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), s. 101(2), sch. 4 para. 28 (with ss. 90, 99); S.S.I. 2011/157, art. 2(a) (with art. 3)
F159Words in s. 113A(6) substituted (S.) (28.2.2011) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), ss. 78(2)(b), 101(2) (with ss. 90, 99); S.S.I. 2011/157, art. 2(a) (with art. 3)
F160Words in s. 113A(6) inserted (E.W.) (19.12.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 50(3)(a), 153(7); S.I. 2008/3260, art. 2(1)(b)
F161Words in s. 113A(6) inserted (E.W.) (19.12.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 50(3)(b), 153(7); S.I. 2008/3260, art. 2(1)(b)
F162Words in s. 113A(6) substituted (E.W.) (29.5.2013) by The Police Act 1997 (Criminal Record Certificates Relevant Matters) (Amendment) (England and Wales) Order 2013 (S.I. 2013/1200), arts. 1(1), 3
F163Word in s. 113A(6) repealed (S.) (28.2.2011) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), ss. 78(2)(c), 101(2) (with ss. 90, 99); S.S.I. 2011/157, art. 2(a) (with art. 3)
F164Words in s. 113A(6) inserted (S.) (28.2.2011) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), ss. 78(2)(d), 101(2) (with ss. 90, 99); S.S.I. 2011/157, art. 2(a) (with art. 3)
F165S. 113A(6D)-(6F) inserted (E.W.) (29.5.2013) by The Police Act 1997 (Criminal Record Certificates Relevant Matters) (Amendment) (England and Wales) Order 2013 (S.I. 2013/1200), arts. 1(1), 4
F166S. 113A(7)(8) inserted (E.W.N.I.) (12.10.2009 for E.W., 12.10.2009 for N.I.) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 14(2) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2610, art. 2(a) (with arts. 4-23); S.I. 2009/2611, art. 2, Sch
F167S. 113A(9) inserted (E.W.) (2.3.2009) by The Police Act 1997 (Criminal Records) (Electronic Communications) Order 2009 (S.I. 2009/203), arts. 1(1), 3(4)
F168Words in s. 113A(9) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(b) (with Pt. 4)
F169S. 113A(10) repealed (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 36, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(i)
Modifications etc. (not altering text)
C20S. 113A(1) excluded (E.W.) (31.3.2010) by The Safeguarding Vulnerable Groups Act 2006 (Controlled Activity and Miscellaneous Provisions) Regulations 2010 (S.I. 2010/1146), regs. 1, 4(1)
C21S. 113A(1)(a) modified (E.W.) (2.3.2009) by The Police Act 1997 (Criminal Records) (Electronic Communications) Order 2009 (S.I. 2009/203), arts. 1(1), 21(1)
Commencement Information
I9S. 113A in force at 1.4.2008 for N.I. by S.I. 2008/692, art. 2(b)
(1)[F170The Secretary of State] [F170DBS] must issue an enhanced criminal record certificate to any individual who—
(a)makes an application F171...,
[F172(aa)is aged 16 or over at the time of making the application,] and
(b)pays in the prescribed manner any prescribed fee.
(2)The application must—
(a)be countersigned by a registered person, and
(b)be accompanied by a statement by the registered person that the certificate is required [F173for the purposes of an exempted question asked] for a prescribed purpose.
[F174(2A)But an application for an enhanced criminal record certificate need not be countersigned by a registered person if—
(a)the application is transmitted to [F175the Secretary of State] [F175DBS] electronically by a registered person who satisfies conditions determined by [F175the Secretary of State] [F175DBS], and
(b)it is transmitted in accordance with requirements determined by [F175the Secretary of State] [F175DBS].]
(3)An enhanced criminal record certificate is a certificate which—
(a)gives the prescribed details of every relevant matter relating to the applicant which is recorded in central records and any information provided in accordance with subsection (4), [F176or
(b)states that there is no such matter or information.]
[F176(or states that there is no such matter or information), and
(b)if the applicant is subject to notification requirements under Part 2 of the Sexual Offences Act 2003 (c.42), states that fact.]
(4)Before issuing an enhanced criminal record certificate [F177the Secretary of State] [F177DBS] must request [F178the chief officer of every relevant police force] [F178any relevant chief officer] to provide any information which [F179, in the chief officer's opinion]—
(a)[F180might] [F180the chief officer reasonably believes to] be relevant for the purpose described in the statement under subsection (2), and
(b)[F181in the chief officer's opinion,] ought to be included in the certificate.
[F182(4A)In exercising functions under subsection (4) a relevant chief officer must have regard to any guidance for the time being published by the Secretary of State.]
(5)[F183The Secretary of State must 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.]
[F184(5A)The Scottish Ministers must pay to such body as may be prescribed such fee as they think appropriate for information received from the chief officer of a body mentioned in subsection (10)(j) to (m) as a result of a request under subsection (4) or (5).]
(6)[F183The Secretary of State must send to [F185the registered person who countersigned] [F185whoever acted as the registered person in relation to] the application—
(a)a copy of the enhanced criminal record certificate, and
(b)any information provided in accordance with subsection (5).]
(7)[F186The Secretary of State] [F186DBS] may treat an application under this section as an application under section 113A if in [F187his] [F187its] opinion the certificate is not required for a purpose prescribed under subsection (2).
(8)If by virtue of subsection (7) [F188the Secretary of State] [F188DBS] treats an application under this section as an application under section 113A, [F189he] [F189it] must refund to the applicant the amount (if any) by which the fee paid in relation to the application under this section exceeds the fee payable in relation to an application under section 113A.
(9)In this section—
“central records”, “exempted question”, and “relevant matter” have the same meaning as in section 113A;
[F190“relevant chief officer” means any chief officer of a police force who is identified by [F191DBS] for the purposes of making a request under subsection (4).]
[F192“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.]
(10)For the purposes of this section references to a police force include any of the following—
[F193(a)the Royal Navy Police;]
(c)the Royal Military Police;
(d)the Royal Air Force Police;
(e)the Ministry of Defence Police;
F194(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F194(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(h)the British Transport Police;
(i)the Civil Nuclear Constabulary;
(j)the States of Jersey Police Force;
(k)the salaried police force of the Island of Guernsey;
(l)the Isle of Man Constabulary;
(m)a body with functions in any country or territory outside the British Islands which correspond to those of a police force in any part of the United Kingdom,
and any reference to the chief officer of a police force includes the person responsible for the direction of a body mentioned in this subsection.
(11)For the purposes of this section each of the following must be treated as if it were a police force—
(a)the Commissioners for Her Majesty's Revenue and Customs (and for this purpose a reference to the chief officer of a police force must be taken to be a reference to any one of the Commissioners);
(b)the [F195National Crime Agency] (and for this purpose a reference to the chief officer of a police force must be taken to be a reference to the Director General of the Agency);
(c)such other department or body as is prescribed (and regulations may prescribe in relation to the department or body the person to whom a reference to the chief officer is to be taken to be).
[F196(12)For the purposes of this Part a person acts as the registered person in relation to an application for an enhanced criminal record certificate if the person—
(a)countersigns the application, or
(b)transmits the application to [F197DBS] under subsection (2A).]
F198(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F145Ss. 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
F170Words in s. 113B(1) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(c) (with Pt. 4)
F171Words in s. 113B(1)(a) repealed (S.) (11.1.2008) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), ss. 79(1), 101(2) (with ss. 90, 99); S.S.I. 2007/564, art. 2, sch.; and words repealed (E.W.N.I.) (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 97(2), 116(1), Sch. 8 Pt. 8; S.I. 2010/125, art. 2(n)(u)
F172S. 113B(1)(aa) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 80(1), 120 (with s. 97); S.I. 2012/2234, art. 2(s) (with art. 5)
F173Words in s. 113B(2)(b) inserted (E.W.N.I.) (12.10.2009 for E.W., 12.10.2009 for N.I.) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 14(3) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2610, art. 2(a) (with arts. 4-23); S.I. 2009/2611, art. 2, Sch.
F174S. 113B(2A) inserted (E.W.) (2.3.2009) by The Police Act 1997 (Criminal Records) (Electronic Communications) Order 2009 (S.I. 2009/203), arts. 1(1), 4(2)
F175Words in s. 113B(2A) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(c) (with Pt. 4)
F176Words in s. 113B(3) substituted (S.) (28.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 108(2), 206(1); S.S.I. 2011/157, art. 2(b) (with art. 3)
F177Words in s. 113B(4) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(c) (with Pt. 4)
F178Words in s. 113B(4) substituted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 82(1)(a), 120 (with s. 97); S.I. 2012/2234, art. 2(u)
F179Words in s. 113B(4) repealed (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 82(1)(b), 120, Sch. 10 Pt. 6 (with s. 97); S.I. 2012/2234, art. 2(u)(cc)
F180Words in s. 113B(4)(a) substituted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 82(1)(c), 120 (with s. 97); S.I. 2012/2234, art. 2(u)
F181Words in s. 113B(4)(b) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 82(1)(d), 120 (with s. 97); S.I. 2012/2234, art. 2(u)
F182S. 113B(4A) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 82(2), 120 (with s. 97); S.I. 2012/2234, art. 2(u)
F183S. 113B(5)(6) repealed (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) for specified purposes, 17.6.2013 in so far as not already in force) by Protection of Freedoms Act 2012 (c. 9), ss. 79(2)(b), 120, Sch. 10 Pt. 6 (with s. 97); S.I. 2012/2234, art. 2(q)(cc); S.I. 2013/1180, art. 2(a)
F184S. 113B(5A) inserted (S.) (11.1.2008) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), ss. 80, 101(2) (with ss. 90, 99); S.S.I. 2007/564, art. 2, sch.
F185Words in s. 113B(6) substituted (E.W.) (2.3.2009) by The Police Act 1997 (Criminal Records) (Electronic Communications) Order 2009 (S.I. 2009/203), arts. 1(1), 4(3)
F186Words in s. 113B(7) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(c) (with Pt. 4)
F187Word in s. 113B(7) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 39(a) (with Pt. 4)
F188Words in s. 113B(8) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(c) (with Pt. 4)
F189Word in s. 113B(8) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 39(b) (with Pt. 4)
F190Words in s. 113B(9) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 82(3)(a), 120 (with s. 97); S.I. 2012/2234, art. 2(u)
F191Words in s. 113B(9) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(c) (with Pt. 4)
F192Words in s. 113B(9) repealed (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 82(3)(b), 120, Sch. 10 Pt. 6 (with s. 97); S.I. 2012/2234, art. 2(u)(cc)
F193S. 113B(10)(a) substituted for s. 113(10)(a)(b) (4.6.2007) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 149; S.I. 2007/1442, art. 2(1)
F194S. 113B(10)(f)(g) omitted (7.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 60(a); S.I. 2013/1682, art. 3(v)
F195Words in s. 113B(11)(b) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 60(b); S.I. 2013/1682, art. 3(v)
F196S. 113B(12) inserted (E.W.) (2.3.2009) by The Police Act 1997 (Criminal Records) (Electronic Communications) Order 2009 (S.I. 2009/203), arts. 1(1), 4(4)
F197Words in s. 113B(12) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(c) (with Pt. 4)
F198S. 113B(13) repealed (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 37, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(i)
Modifications etc. (not altering text)
C22S. 113B modified (E.W.) (31.3.2010) by The Safeguarding Vulnerable Groups Act 2006 (Controlled Activity and Miscellaneous Provisions) Regulations 2010 (S.I. 2010/1146), regs. 1, 5-7
C23S. 113B(1)(a) modified (E.W.) (2.3.2009) by The Police Act 1997 (Criminal Records) (Electronic Communications) Order 2009 (S.I. 2009/203), arts. 1(1), 21(1)
Commencement Information
I10S. 113B in force at 1.4.2008 for N.I. by S.I. 2008/692, art. 2(c)
(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 activity relating to children;
F200(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F200(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F200(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F201(e)whether the applicant is subject to a direction under section 167A of the Education Act 2002 (prohibition on participation in management of independent school).]
(3)Expressions used in this section and in the 2006 Act have the same meaning in this section as in that Act, except that “prescribed” must be construed in accordance with section 125 of this Act.
(4)“The 2006 Act” means the Safeguarding Vulnerable Groups Act 2006.]
Textual Amendments
F199Ss. 113BA-113BC inserted (E.W.N.I.) (22.6.2009 for specified purposes, 12.10.2009 for E.W. in so far as not already in force, 12.10.2009 for N.I. in so far as not already in force) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 14(4) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/1503, art. 2(a); S.I. 2009/2610, art. 2(a) (with arts. 4-23); S.I. 2009/2611, art. 2, Sch.; S.I. 2009/1503, art. 2(a); S.I. 2009/2610, art. 2(a) (with arts. 4-23); S.I. 2009/2611, art. 2, Sch.
F200S. 113BA(2)(b)-(d) repealed (E.W.N.I.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 38, Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(aa)(i)
F201S. 113BA(2)(e) inserted (12.10.2009 for W.) by Education and Inspections Act 2006 (c. 40), ss. 170(2), 188(3); S.I. 2009/2545, art. 3(1)(b)
Modifications etc. (not altering text)
C24S. 113BA modified (temp.) (N.I.) (with application in accordance with arts. 2, 11 of the amending Order) by Safeguarding Vulnerable Groups (Regulated Activity, Transitional Provisions and Commencement No. 4) Order (Northern Ireland) 2009 (S.R. 2009/304), art. 12
C25S. 113BA modified (temp.) (N.I.) (with application in accordance with arts. 2, 5 of the amending Order) by Safeguarding Vulnerable Groups (Regulated Activity, Transitional Provisions and Commencement No. 4) Order (Northern Ireland) 2009 (S.R. 2009/304), art. 6
(1)The Scottish Ministers may by order made by statutory instrument amend the definition of—
(a)“criminal conviction certificate” in section 112(2),
(b)“central records” in sections 112(3) and 113A(6),
(c)“criminal record certificate” in section 113A(3),
(d)“relevant matter” in section 113A(6),
(e)“enhanced criminal record certificate” in section 113B(3).
(2)An order under subsection (1) may be made only for the purposes of, or in connection with, enabling certificates issued under this Part to include details of information held outside the United Kingdom.
(3)No order may be made under subsection (1) unless a draft of the statutory instrument containing the order has been laid before, and approved by resolution of, the Scottish Parliament.]]
Textual Amendments
F431Ss. 124A, 124B inserted (S.) (1.4.2006 for the insertion of s. 124A) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 70(8), 89(2); S.S.I. 2006/168, art. 2
F575S. 113BA inserted (S.) (28.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 108(3), 206(1); S.S.I. 2011/157, art. 2(b) (with art. 3)
(1)In such cases as are prescribed, an enhanced criminal record certificate must also include suitability information relating to vulnerable adults.
(2)Suitability information relating to vulnerable adults is —
(a)whether the applicant is barred from regulated activity relating to vulnerable adults;
F202(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F202(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F202(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)Expressions used in this section and in the 2006 Act have the same meaning in this section as in that Act, except that “prescribed” must be construed in accordance with section 125 of this Act.
(4)“The 2006 Act” means the Safeguarding Vulnerable Groups Act 2006.
Textual Amendments
F199Ss. 113BA-113BC inserted (E.W.N.I.) (22.6.2009 for specified purposes, 12.10.2009 for E.W. in so far as not already in force, 12.10.2009 for N.I. in so far as not already in force) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 14(4) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/1503, art. 2(a); S.I. 2009/2610, art. 2(a) (with arts. 4-23); S.I. 2009/2611, art. 2, Sch.; S.I. 2009/1503, art. 2(a); S.I. 2009/2610, art. 2(a) (with arts. 4-23); S.I. 2009/2611, art. 2, Sch.
F202S. 113BB(2)(b)-(d) repealed (E.W.N.I.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 39, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(i)
Modifications etc. (not altering text)
C26S. 113BB modified (temp.) (N.I.) (with application in accordance with arts. 2, 11 of the amending Order) by Safeguarding Vulnerable Groups (Regulated Activity, Transitional Provisions and Commencement No. 4) Order (Northern Ireland) 2009 (S.R. 2009/304), art. 13
C27S. 113BB modified (temp.) (N.I.) (with application in accordance with arts. 2, 5 of the amending Order) by Safeguarding Vulnerable Groups (Regulated Activity, Transitional Provisions and Commencement No. 4) Order (Northern Ireland) 2009 (S.R. 2009/304), art. 7
(1)The Secretary of State may by order made by statutory instrument—
(a)amend section 113BA for the purpose of altering the meaning of suitability information relating to children;
(b)amend section 113BB for the purpose of altering the meaning of suitability information relating to vulnerable adults [F203;
(c)amend section 120AC(4)(b) in consequence of an order made under paragraph (a) or (b).]
(2)Such an order is subject to annulment in pursuance of a resolution of either House of Parliament.]
Textual Amendments
F199Ss. 113BA-113BC inserted (E.W.N.I.) (22.6.2009 for specified purposes, 12.10.2009 for E.W. in so far as not already in force, 12.10.2009 for N.I. in so far as not already in force) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 14(4) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/1503, art. 2(a); S.I. 2009/2610, art. 2(a) (with arts. 4-23); S.I. 2009/2611, art. 2, Sch.; S.I. 2009/1503, art. 2(a); S.I. 2009/2610, art. 2(a) (with arts. 4-23); S.I. 2009/2611, art. 2, Sch.
F203S. 113BC(1)(c) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 105 (with s. 97); S.I. 2012/2234, art. 2(aa)(vi)
(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;
F205(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F206(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;
(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;
(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;
(l)if a risk of sexual harm order, made under section 2(6) of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, 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 2(7)(b) of that Act; and
(iv)details as to whether that order has been varied or renewed under section 4(3) of that Act;
(m)if an interim risk of sexual harm order, made under section 5(3) of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, 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 5(5) of that Act; and
(iv)details as to whether that order has been varied or renewed under section 5(6) of that Act.]
Textual Amendments
F204Ss. 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)
F205S. 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
F206S. 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
(1)In such cases as are prescribed, an enhanced criminal record certificate must also include suitability information relating to protected adults.
(2)Suitability information relating to protected adults is—
(a)whether the applicant is barred from regulated work with adults;
(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 adults' list;
F207(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F208(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;
(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 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;
(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;
(l)if a risk of sexual harm order, made under section 2(6) of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, 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 2(7)(b) of that Act; and
(iv)details as to whether that order has been varied or renewed under section 4(3) of that Act;
(m)if an interim risk of sexual harm order, made under section 5(3) of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, 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 5(5) of that Act; and
(iv)details as to whether that order has been varied or renewed under section 5(6) of that Act.]
Textual Amendments
F204Ss. 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)
F207S. 113CB(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, 3
F208S. 113CB(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, 3
(1)The Scottish Ministers may by order made by statutory instrument—
(a)amend section 113CA for the purpose of altering the meaning of suitability information relating to children;
(b)amend section 113CB for the purpose of altering the meaning of suitability information relating to protected adults.
(2)Such an order is subject to annulment in pursuance of a resolution of the Scottish Parliament.
(3)Expressions used in sections 113CA and 113CB and in the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14) have the same meaning in those sections as in that Act, except that “prescribed” must be construed in accordance with section 125 of this Act.]
Textual Amendments
F204Ss. 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)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F209Ss. 113C-113F repealed (E.W.) (12.10.2009 for the repeal of ss. 113C, 113D, 113F) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 10 (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2610, art. 2(b) (with arts. 4-23)
Ss. 113C-113F repealed (N.I.) (12.10.2009 for the repeal of ss. 113C, 113D, 113F) by The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351), art. 1(3), Sch. 8 (with arts. 2(4), 53, 57(3), 61(4)); S.R. 2009/304, art. 3(a)
Ss. 113C-113F repealed (S.) (28.2.2011) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), s. 101(2), sch. 4 para. 30 (with ss. 90, 99); S.S.I. 2011/157, art. 2(a) (with art. 3)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F209Ss. 113C-113F repealed (E.W.) (12.10.2009 for the repeal of ss. 113C, 113D, 113F) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 10 (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2610, art. 2(b) (with arts. 4-23)
Ss. 113C-113F repealed (N.I.) (12.10.2009 for the repeal of ss. 113C, 113D, 113F) by The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351), art. 1(3), Sch. 8 (with arts. 2(4), 53, 57(3), 61(4)); S.R. 2009/304, art. 3(a)
Ss. 113C-113F repealed (S.) (28.2.2011) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), s. 101(2), sch. 4 para. 30 (with ss. 90, 99); S.S.I. 2011/157, art. 2(a) (with art. 3)
(1)Subsection (2) applies to an application under section 113A or 113B if—
(a)it is accompanied by a children's suitability statement,
(b)the registered person requests an urgent preliminary response, and
(c)the applicant pays in the prescribed manner such additional fee as is prescribed in respect of the application.
(2)[F211The Secretary of State] [F211DBS] must notify the registered person—
(a)if the applicant is not included in a specified children's list, of that fact;
(b)if the applicant is included in such a list, of the details prescribed for the purposes of section 113C(1)(b) above;
(c)if the applicant is not subject to a specified children's direction, of that fact;
(d)if the applicant is subject to such a direction, of the grounds on which the direction was given and the details prescribed for the purposes of section 113C(1)(d) above.
(3)Subsection (4) applies to an application under section 113A or 113B if—
(a)it is accompanied by an adults' suitability statement,
(b)the registered person requests an urgent preliminary response, and
(c)the applicant pays in the prescribed manner such additional fee as is prescribed in respect of the application.
(4)[F212The Secretary of State] [F212DBS] must notify the registered person either—
(a)that the applicant is not included in a specified adults' list, or
(b)that a criminal record certificate or enhanced criminal record certificate will be issued in due course.
(5)In this section—
“criminal record certificate” has the same meaning as in section 113A;
“enhanced criminal record certificate” has the same meaning as in section 113B;
“children's suitability statement” “, specified children's direction” and “specified children's list” have the same meaning as in section 113C;
“adults' suitability statement” and “specified adults' list” have the same meaning as in section 113D.]
Textual Amendments
F209Ss. 113C-113F repealed (E.W.) (12.10.2009 for the repeal of ss. 113C, 113D, 113F) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 10 (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2610, art. 2(b) (with arts. 4-23)
Ss. 113C-113F repealed (N.I.) (12.10.2009 for the repeal of ss. 113C, 113D, 113F) by The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351), art. 1(3), Sch. 8 (with arts. 2(4), 53, 57(3), 61(4)); S.R. 2009/304, art. 3(a)
Ss. 113C-113F repealed (S.) (28.2.2011) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), s. 101(2), sch. 4 para. 30 (with ss. 90, 99); S.S.I. 2011/157, art. 2(a) (with art. 3)
F210Ss. 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.) 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)
F211Words in s. 113E(2) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(d) (with Pt. 4)
F212Words in s. 113E(4) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(d) (with Pt. 4)
Modifications etc. (not altering text)
C28S. 113E modified (temp.) (12.10.2009) by The Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Miscellaneous and Transitional Provisions and Commencement No. 5) Order 2009 (S.I. 2009/2610), arts. 1(1), 14
C29S. 113E modified (10.9.2012) by The Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157), arts. 1(1), 8
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F209Ss. 113C-113F repealed (E.W.) (12.10.2009 for the repeal of ss. 113C, 113D, 113F) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 10 (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2610, art. 2(b) (with arts. 4-23)
Ss. 113C-113F repealed (N.I.) (12.10.2009 for the repeal of ss. 113C, 113D, 113F) by The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351), art. 1(3), Sch. 8 (with arts. 2(4), 53, 57(3), 61(4)); S.R. 2009/304, art. 3(a)
Ss. 113C-113F repealed (S.) (28.2.2011) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), s. 101(2), sch. 4 para. 30 (with ss. 90, 99); S.S.I. 2011/157, art. 2(a) (with art. 3)
(1)[F213The Secretary of State] [F213DBS] shall issue a criminal record certificate to any individual who—
(a)makes an application under this section F214...,
[F215(aa)is aged 16 or over at the time of making the application,] and
(b)[F216pays any fee that is payable in relation to the application under regulations made by the Secretary of State.]
[F216pays in the prescribed manner any prescribed fee]
(2)An application under this section must be accompanied by a statement by [F217a Minister of the Crown] [F217a person mentioned in subsection (2A)] that the certificate is required for the purposes of an exempted question asked in the course of considering the applicant’s suitability for an appointment by or under the Crown.
[F218(2A)Any of the following persons may make a statement for the purposes of subsection (2)—
(a)a Minister of the Crown;
(b)a member of the Scottish Executive;
(c)any other office-holder in the Scottish Administration; or
(d)a nominee of any person mentioned in paragraphs (a) to (c).]
(3)[F219[F220Section 113A(3) to (6)]] [F219Sections 113A(3) to (6), 120AC and 120AD] shall apply in relation to this section with any necessary modifications.
Textual Amendments
F213Words in s. 114(1) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(e) (with Pt. 4)
F214Words in s. 114(1)(a) repealed (S.) (11.1.2008) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), ss. 79(1), 101(2) (with ss. 90, 99); S.S.I. 2007/564, art. 2, sch.; and words repealed (E.W.N.I.) (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 97(3), 116(1), Sch. 8 Pt. 8; S.I. 2010/125, art. 2(n)(u)
F215S. 114(1)(aa) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 80(1), 120 (with s. 97); S.I. 2012/2234, art. 2(s) (with art. 5)
F216S. 114(1)(b) substituted (S.) (7.2.2006) by The Police Act 1997 Amendment (Scotland) Order 2006 (S.S.I. 2006/50), arts. 1(1), 2(3)(b)
F217Words in s. 114(2) substituted (S.) (28.2.2011) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), s. 101(2), sch. 4 para. 31(a) (with ss. 90, 99); S.S.I. 2011/157, art. 2(a) (with art. 3)
F218S. 114(2A) inserted (S.) (28.2.2011) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), s. 101(2), sch. 4 para. 31(b) (with ss. 90, 99); S.S.I. 2011/157, art. 2(a) (with art. 3)
F219Words in s. 114(3) substituted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 106 (with s. 97); S.I. 2012/2234, art. 2(aa)(vi)
F220Words in s. 114(3) substituted (E.W.N.I.) (12.10.2009 for E.W., 12.10.2009 for N.I.) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 14(5) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2610, art. 2(a) (with arts. 4-23); S.I. 2009/2611, art. 2, Sch.; and substituted (S.) (28.2.2011) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), s. 101(2), sch. 4 para. 31(c) (with ss. 90, 99); S.S.I. 2011/157, art. 2(a) (with art. 3)
Commencement Information
I11S. 114 in force at 1.3.2002 for E.W. by S.I. 2002/413, art. 2
S. 114 in force at 25.4.2002 for S. by S.S.I. 2002/124, art. 4
I12S. 114 in force at 1.4.2008 for N.I. by S.I. 2008/692, art. 2(g)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Extent Information
E1This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only
Textual Amendments
F221S. 115 repealed (1.4.2006 for S., 6.4.2006 for E.W.) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 163(1), 178(4)(d)(8), Sch. 17 Pt. 2; S.S.I. 2006/166, art. 2(1)(c)(d); S.I. 2006/378, art. 7(a)(f)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Extent Information
E7This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland only
Textual Amendments
F221S. 115 repealed (1.4.2006 for S., 6.4.2006 for E.W.) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 163(1), 178(4)(d)(8), Sch. 17 Pt. 2; S.S.I. 2006/166, art. 2(1)(c)(d); S.I. 2006/378, art. 7(a)(f)
F431Ss. 124A, 124B inserted (S.) (1.4.2006 for the insertion of s. 124A) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 70(8), 89(2); S.S.I. 2006/168, art. 2
(1)[F222The Secretary of State] [F222DBS] shall issue an enhanced criminal record certificate to any individual who—
(a)makes an application under this section F223...,
[F224(aa)is aged 16 or over at the time of making the application,] and
(b)[F225pays any fee that is payable in relation to the application under regulations made by the Secretary of State.]
[F225pays in the prescribed manner any prescribed fee]
(2)An application under this section must be accompanied by a statement by [F226a Minister of the Crown, or a person nominated by a Minister of the Crown,] [F226a person mentioned in subsection (2A)] that the certificate is required for the purposes of an exempted question asked in the course of considering the applicant’s suitability for—
(a)a judicial appointment, or
(b)an appointment by or under the Crown to a position [F227to which subsection (3) or (4) of section 115 applies] [F227of such description as may be prescribed].
[F228(2A)Any of the following persons may make a statement for the purposes of subsection (2)—
(a)a Minister of the Crown;
(b)a member of the Scottish Executive;
(c)any other office-holder in the Scottish Administration; or
(d)a nominee of any person mentioned in paragraphs (a) to (c).]
(3)[F229Sections 113B(3) to (11) and [F230[F231113BA to 113BC]] [F230, 113BA to 113BC, 120AC and 120AD] [F232113CA to 113CC]] shall apply in relation to this section with any necessary modifications.
Textual Amendments
F222Words in s. 116(1) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(f) (with Pt. 4)
F223Words in s. 116(1)(a) repealed (S.) (11.1.2008) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), ss. 79(1), 101(2) (with ss. 90, 99); S.S.I. 2007/564, art. 2, sch.; and words repealed (E.W.N.I.) (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 97(3), 116(1), Sch. 8 Pt. 8; S.I. 2010/125, art. 2(n)(u)
F224S. 116(1)(aa) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 80(1), 120 (with s. 97); S.I. 2012/2234, art. 2(s) (with art. 5)
F225S. 116(1)(b) substituted (S.) (7.2.2006) by The Police Act 1997 Amendment (Scotland) Order 2006 (S.S.I. 2006/50), arts. 1(1), 2(4)(b)
F226Words in s. 116(2) substituted (S.) (28.2.2011) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), s. 101(2), sch. 4 para. 32(a) (with ss. 90, 99); S.S.I. 2011/157, art. 2(a) (with art. 3)
F227Words in s. 116(2)(b) substituted (E.W.N.I.) (29.1.2004 for specified purposes for E.W., 6.4.2006 for E.W. in so far as not already in force, 1.4.2008 for N.I.) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 35 para. 5; S.I. 2004/81, art. 4(1)(2)(o)(ii); S.I. 2006/751, art. 2(c)(i); S.I. 2008/694, art. 2
F228S. 116(2A) inserted (S.) (28.2.2011) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), s. 101(2), sch. 4 para. 32(b) (with ss. 90, 99); S.S.I. 2011/157, art. 2(a) (with art. 3)
F229Words in s. 116(3) substituted (1.4.2006 for S., 6.4.2006 for E.W., 1.4.2008 for N.I.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(4)(e)(8), Sch. 14 para. 3(b); S.S.I. 2006/166, art. 2(1)(e); S.I. 2006/378, art. 7(c); S.I. 2008/697, art. 2(e)
F230Words in s. 116(3) substituted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 107 (with s. 97); S.I. 2012/2234, art. 2(aa)(vi)
F231Words in s. 116(3) substituted (E.W.N.I.) (12.10.2009 for E.W., 12.10.2009 for N.I.) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 14(6) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2610, art. 2(a) (with arts. 4-23); S.I. 2009/2611, art. 2, Sch.
F232Words in s. 116(3) substituted (S.) (28.2.2011) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), s. 101(2), sch. 4 para. 32(c) (with ss. 90, 99); S.S.I. 2011/157, art. 2(a) (with art. 3)
Modifications etc. (not altering text)
C30S. 116 modified (temp.) (N.I.) (with application in accordance with arts. 2, 14 of the amending Order) by Safeguarding Vulnerable Groups (Regulated Activity, Transitional Provisions and Commencement No. 4) Order (Northern Ireland) 2009 (S.R. 2009/304), art. 15 (which modifying provision is revoked (10.9.2012) by The Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order (Northern Ireland) 2012 (S.R. 2012/320), arts. 1, 4)
C31S. 116 modified (E.W.) (10.9.2012) by The Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157), arts. 1(1), 9
C32S. 116 modified (N.I.) (temp.) (10.9.2012) by The Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order (Northern Ireland) 2012 (S.R. 2012/320), arts. 1, 5, 7
Commencement Information
I13S. 116 in force at 1.3.2002 for E.W. by S.I. 2002/413, art. 2
S. 116 in force at 25.4.2002 for S. by S.S.I. 2002/124, art. 4
I14S. 116 in force at 1.4.2008 for N.I. by S.I. 2008/692, art. 2(h)
(1)[F234DBS] must, on the request of a relevant person and subject to subsection (2), give up-date information to that person about—
(a)a criminal conviction certificate,
(b)a criminal record certificate, or
(c)an enhanced criminal record certificate,
which is subject to up-date arrangements.
(2)[F235DBS] may impose conditions about—
(a)the information to be supplied in connection with such a request for the purpose of enabling the Secretary of State to decide whether the person is a relevant person,
(b)any other information to be supplied in connection with such a request.
(3)For the purposes of subsection (1) a certificate is subject to up-date arrangements if condition A, B or C is met and the arrangements have not ceased to have effect in accordance with a notice given under section 118(3B).
(4)Condition A is that—
(a)the individual who applied for the certificate made an application at the same time to [F236DBS] for the certificate to be subject to up-date arrangements,
(b)the individual has paid in the prescribed manner any prescribed fee,
(c)[F236DBS] has granted the application for the certificate to be subject to up-date arrangements, and
(d)the period of 12 months beginning with the date on which the grant comes into force has not expired.
(5)Condition B is that—
(a)the individual whose certificate it is has made an application to [F237DBS] to renew or (as the case may be) further renew unexpired up-date arrangements in relation to the certificate,
(b)the individual has paid in the prescribed manner any prescribed fee,
(c)[F237DBS] has granted the application,
(d)the grant has come into force on the expiry of the previous up-date arrangements, and
(e)the period of 12 months beginning with the date on which the grant has come into force has not expired.
(6)Condition C is that—
(a)the certificate was issued under section 117(2) or 117A(5)(b), and
(b)the certificate which it superseded—
(i)was subject to up-date arrangements immediately before it was superseded, and
(ii)would still be subject to those arrangements had it not been superseded.
(7)[F238DBS] must not grant an application as mentioned in subsection (4)(c) or (5)(c) unless any fee prescribed under subsection (4)(b) or (as the case may be) (5)(b) has been paid in the manner so prescribed.
(8)In this section “up-date information” means—
(a)in relation to a criminal conviction certificate or a criminal record certificate—
(i)information that there is no information recorded in central records which would be included in a new certificate but is not included in the current certificate, or
(ii)advice to apply for a new certificate or (as the case may be) request another person to apply for such a certificate,
(b)in relation to an enhanced criminal record certificate which includes suitability information relating to children or vulnerable adults—
(i)information that there is no information recorded in central records, no information of the kind mentioned in section 113B(4), and no information of the kind mentioned in section 113BA(2) or (as the case may be) 113BB(2), which would be included in a new certificate but is not included in the current certificate, or
(ii)advice to apply for a new certificate or (as the case may be) request another person to apply for such a certificate, and
(c)in relation to any other enhanced criminal record certificate—
(i)information that there is no information recorded in central records, nor any information of the kind mentioned in section 113B(4), which would be included in a new certificate but is not included in the current certificate, or
(ii)advice to apply for a new certificate or (as the case may be) request another person to apply for such a certificate.
(9)If up-date information is given under subsection (8)(a)(i), (8)(b)(i) or (8)(c)(i) and the certificate to which that information relates is one to which subsection (10) applies, the up-date information must include that fact.
(10)This subsection applies to a certificate which—
(a)in the case of a criminal conviction certificate, states that there are no convictions or conditional cautions of the applicant recorded in central records,
(b)in the case of a criminal record certificate, is as described in section 120AC(3), and
(c)in the case of an enhanced criminal record certificate, is as described in section 120AC(4).
(11)In this section—
“central records” has the same meaning as in section 113A,
“criminal record certificate” includes a certificate under section 114,
“enhanced criminal record certificate” includes a certificate under section 116,
“exempted question” has the same meaning as in section 113A,
“relevant person” means—
in relation to a criminal conviction certificate—
the individual whose certificate it is, or
any person authorised by the individual,
in relation to a criminal record certificate—
the individual whose certificate it is, or
any person who is authorised by the individual and is seeking the information for the purposes of an exempted question, and
in relation to an enhanced criminal record certificate—
the individual whose certificate it is, or
any person who is authorised by the individual and is seeking the information for the purposes of an exempted question asked for a purpose prescribed under section 113B(2)(b).]
Textual Amendments
F233S. 116A inserted (E.W.) (17.6.2013) by Protection of Freedoms Act 2012 (c. 9), ss. 83, 120 (with s. 97); S.I. 2013/1180, art. 2(b)
F234Word in s. 116A(1) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(g) (with Pt. 4)
F235Word in s. 116A(2) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(g) (with Pt. 4)
F236Word in s. 116A(4) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(g) (with Pt. 4)
F237Word in s. 116A(5) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(g) (with Pt. 4)
F238Word in s. 116A(7) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(g) (with Pt. 4)
(1)Where an applicant for a certificate under any of sections 112 to 116 believes that the information contained in the certificate is inaccurate he may make an application [F240in writing] to [F241the Secretary of State] [F241DBS] for a new certificate.
[F242(1A)Where any person other than the applicant believes that the information contained in a certificate under any of sections 112 to 116 is inaccurate, that person may make an application in writing to [F243DBS] for a decision as to whether or not the information is inaccurate.]
[F244(1B)Where a person believes that the wrong up-date information has been given under section 116A in relation to the person's certificate, the person may make an application in writing to [F245DBS] for corrected up-date information.]
(2)[F246The Secretary of State] [F246DBS] shall consider any application under this section; and where [F247he] [F247it] is of the opinion that the information in the certificate is inaccurate [F248, or that the wrong up-date information has been given,] [F247he] [F247it] shall issue a new certificate [F249or (as the case may be) corrected up-date information].
[F250(2A)In this section—
“corrected up-date information”, in relation to a certificate, means information which includes—
information that the wrong up-date information was given in relation to the certificate on a particular date, and
new up-date information in relation to the certificate,
“up-date information” has the same meaning as in section 116A.]
[F251(3)An application under this section may, in particular, request a review of any information contained in a certificate by virtue of section 113B(4).
(4)The Scottish Ministers, on receiving such a request, must ask the chief officer of the relevant police force who provided that information to reconsider whether the chief officer still thinks that the information concerned might be relevant for the purpose in respect of which it was requested.]
Textual Amendments
F239Words in s. 117 title substituted (E.W.) (17.6.2013) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 108(2) (with s. 97); S.I. 2013/1180, art. 2(e)(i)
F240Words in s. 117(1) repealed (S.) (11.1.2008) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), ss. 79(2), 101(2) (with ss. 90, 99); S.S.I. 2007/564, art. 2, sch.
F241Words in s. 117(1) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(h) (with Pt. 4)
F242S. 117(1A) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 82(4), 120 (with s. 97); S.I. 2012/2234, art. 2(u)
F243Words in s. 117(1A) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(h) (with Pt. 4)
F244S. 117(1B) inserted (E.W.) (17.6.2013) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 108(3) (with s. 97); S.I. 2013/1180, art. 2(e)(i)
F245Words in s. 117(1B) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(h) (with Pt. 4)
F246Words in s. 117(2) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(h) (with Pt. 4)
F247Word in s. 117(2) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 40 (with Pt. 4)
F248Words in s. 117(2) inserted (E.W.) (17.6.2013) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 108(4)(a) (with s. 97); S.I. 2013/1180, art. 2(e)(i)
F249Words in s. 117(2) inserted (E.W.) (17.6.2013) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 108(4)(b) (with s. 97); S.I. 2013/1180, art. 2(e)(i)
F250S. 117(2A) inserted (E.W.) (17.6.2013) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 108(5) (with s. 97); S.I. 2013/1180, art. 2(e)(i)
F251S. 117(3)(4) inserted (S.) (11.1.2008) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), s. 101(2), sch. 4 para. 33 (with ss. 90, 99); S.S.I. 2007/564, art. 2, sch.
Commencement Information
I15S. 117 in force at 1.3.2002 for E.W. by S.I. 2002/413, art. 2
S. 117 in force at 25.4.2002 for S. by S.S.I. 2002/124, art. 4
I16S. 117 in force at 1.4.2008 for N.I. by S.I. 2008/692, art. 2(i)
(1)Subsection (2) applies if a person believes that information provided in accordance with section 113B(4) and included in a certificate under section 113B or 116 —
(a)is not relevant for the purpose described in the statement under section 113B(2) or (as the case may be) 116(2), or
(b)ought not to be included in the certificate.
(2)The person may apply in writing to the independent monitor appointed under section 119B for a decision as to whether the information is information which falls within subsection (1)(a) or (b) above.
(3)The independent monitor, on receiving such an application, must ask such chief officer of a police force as the independent monitor considers appropriate to review whether the information concerned is information which—
(a)the chief officer reasonably believes to be relevant for the purpose described in the statement under section 113B(2) or (as the case may be) 116(2), and
(b)in the chief officer's opinion, ought to be included in the certificate.
(4)In exercising functions under subsection (3), the chief officer concerned must have regard to any guidance for the time being published under section 113B(4A).
(5)If, following a review under subsection (3), the independent monitor considers that any of the information concerned is information which falls within subsection (1)(a) or (b)—
(a)the independent monitor must inform [F253DBS] of that fact, and
(b)on being so informed, [F253DBS] must issue a new certificate.
(6)In issuing such a certificate, [F254DBS] must proceed as if the information which falls within subsection (1)(a) or (b) had not been provided under section 113B(4).
(7)In deciding for the purposes of this section whether information is information which falls within subsection (1)(a) or (b), the independent monitor must have regard to any guidance for the time being published under section 113B(4A).
(8)Subsections (10) and (11) of section 113B apply for the purposes of this section as they apply for the purposes of that section.]
Textual Amendments
F252S. 117A inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 82(5), 120 (with s. 97); S.I. 2012/2234, art. 2(u)
F253Words in s. 117A(5) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(i) (with Pt. 4)
F254Words in s. 117A(6) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(i) (with Pt. 4)
(1)[F255The Secretary of State] [F255DBS] may refuse to issue a certificate under this Part, or to consider [F256an application as mentioned in section 116A(4)(a) or (5)(a) or] an application under section 117 [F257, 117A] [F258or 120], unless the application is supported by such evidence of identity as [F259he] [F259it] may require.
(2)In particular, [F260the Secretary of State] [F260DBS] may refuse to issue a certificate or consider an application unless the applicant—
(a)has his fingerprints taken at such place and in such manner as may be prescribed, and
(b)pays the prescribed fee to such person as may be prescribed.
[F261(2A)For the purpose of verifying evidence of identity supplied in pursuance of subsection (1) [F262the Secretary of State] [F262DBS] may obtain such information as [F263he] [F263it] thinks is appropriate from data held—
(a)by the [F264United Kingdom Passport Agency] [F264Identity and Passport Service];
(b)by the Driver and Vehicle Licensing Agency;
(c)by Driver and Vehicle Licensing Northern Ireland;
(d)by the Secretary of State in connection with keeping records of national insurance numbers;
(e)by such other persons or for such purposes as is prescribed.]
[F265(2B)The Scottish Ministers may require an applicant to have fingerprints taken under subsection (2) only if they are not satisfied by other evidence provided under subsection (1) as to the applicant's identity.]
[F266(3)Regulations dealing with the taking of fingerprints may make provision requiring their destruction in specified circumstances and by specified persons.]
[F266(3)The Scottish Ministers must arrange the destruction of any fingerprints taken in pursuance of subsection (2) as soon as reasonably practicable after they have been used for the purpose mentioned in subsection (1).]
[F267(3A)[F268DBS] by notice given in writing may require a person who has a certificate which is subject to up-date arrangements under section 116A to attend at a place and time specified in the notice to provide fingerprints for the sole purpose of enabling [F268DBS] to verify whether information in the possession of [F268DBS] that [F268DBS] considers may be relevant to the person's certificate does relate to that person.
(3B)If a person fails to comply with a requirement imposed under subsection (3A), [F268DBS] by notice given in writing may inform that person that, from a date specified in the notice, the person's certificate is to cease to be subject to up-date arrangements.]
(4)Regulations prescribing a fee for the purposes of subsection (2)(b) shall make provision for a refund in cases of an application under section 117 [F269or 117A] where a new certificate is issued.
Textual Amendments
F255Words in s. 118(1) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(j) (with Pt. 4)
F256Words in s. 118(1) inserted (E.W.) (17.6.2013) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 109(2)(a) (with s. 97); S.I. 2013/1180, art. 2(e)(ii)
F257Word in s. 118(1) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 109(2)(b) (with s. 97); S.I. 2012/2234, art. 2(aa)(vii)
F258Words in s. 118(1) inserted (1.7.2005 for S., 1.7.2005 for E.W., 1.4.2008 for N.I.) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 164(2), 178(4)(d)(8); S.S.I. 2005/358, art. 2(c); S.I. 2005/1521, art. 3(3)(a); S.I. 2008/697, art. 2(b)
F259Word in s. 118(1) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 41(a) (with Pt. 4)
F260Words in s. 118(2) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(j) (with Pt. 4)
F261S. 118(2A) inserted (1.7.2005 for S., 1.7.2005 for E.W., 1.4.2008 for N.I.) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 164(3), 178(4)(d)(8); S.S.I. 2005/358, art. 2(c); S.I. 2005/1521, art. 3(3)(a); S.I. 2008/697, art. 2(b)
F262Words in s. 118(2A) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(j) (with Pt. 4)
F263Word in s. 118(2A) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 41(b) (with Pt. 4)
F264Words in s. 118(2A)(a) substituted (S.) (11.1.2008) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), s. 101(2), sch. 4 para. 34(a) (with ss. 90, 99); S.S.I. 2007/564, art. 2, sch.
F265S. 118(2B) inserted (S.) (11.1.2008) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), s. 101(2), sch. 4 para. 34(b) (with ss. 90, 99); S.S.I. 2007/564, art. 2, sch.
F266S. 118(3) substituted (S.) (11.1.2008) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), s. 101(2), sch. 4 para. 34(c) (with ss. 90, 99); S.S.I. 2007/564, art. 2, sch.
F267S. 118(3A)(3B) inserted (E.W.) (17.6.2013) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 109(3) (with s. 97); S.I. 2013/1180, art. 2(e)(ii)
F268Word in s. 118(3A)(3B) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(j) (with Pt. 4)
F269Words in s. 118(4) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 109(4) (with s. 97); S.I. 2012/2234, art. 2(aa)(vii)
Commencement Information
I17S. 118 in force at 1.3.2002 for E.W. by S.I. 2002/413, art. 2
S. 118 in force at 25.4.2002 for S. by S.S.I. 2002/124, art. 4
I18S. 118 in force at 1.4.2008 for N.I. by S.I. 2008/692, art. 2(j)
(1)Any person who holds records of convictions [F270or cautions] [F270, cautions or other information] for the use of police forces generally shall make those records available to [F271the Secretary of State] [F271DBS] [F272for the purposes of an application [F273(whether for a certificate or for registration)] under this Part.] [F272for the purpose of enabling [F274him] [F274it] to carry out [F275his functions under this Part in relation to—
(a)any application for a certificate or for registration; or
(b)the determination of whether a person should continue to be a registered person.]
[F275a relevant function]]
[F276(1ZA)Any person who holds records of convictions or cautions for the use of police forces generally must make those records available to the Disclosure and Barring Service for the purpose of enabling it to carry out its functions under paragraph 1, 2, 7 or 8 of Schedule 1 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007.]
[F277(1A)[F278The Secretary of State may require the [F279Disclosure and Barring Service] to make available specified information for the purpose of enabling the Secretary of State to carry out functions under this Part in relation to—
(a)any application for a certificate or for registration;
[F280(aa)the provision of up-date information under section 116A;] or
(b)the determination of whether a person should continue to be a registered person.]]
[F281(1B)[F282The Secretary of State] [F282DBS] may require the chief officer of a police force to make available such information as [F283he] [F283it] may specify for the purpose of [F284determining, in relation to applications under section 113B, whether the police force is a relevant police force] [F284deciding whether to make a request to that chief officer under section 113B(4)].]
(2)Where the chief officer of a police force receives a request under section [F285113B] or 116 F286... he shall comply with it as soon as practicable.
[F287(2A)Where, in connection with the provision of up-date information under section 116A, the chief officer of a police force receives a request for information of the kind mentioned in section 113B(4), the chief officer of police must comply with it as soon as practicable.]
(3)[F288The Secretary of State] [F288DBS] shall pay to the appropriate [F289local policing body or] police authority, F290... [F291such fee as [F292he] [F292the Secretary of State] thinks appropriate] for information provided in accordance with [F293subsection (2)] [F293section 120A(4) or subsection (2) of this section].
(4)Any person who holds records of fingerprints for the use of police forces generally shall make those records available to [F294the Secretary of State] [F294DBS] [F272for the purposes of an application under this Part.] [F272for the purpose of enabling [F295him] [F295it] to carry out [F296his] [F296its] functions under this Part in relation to—
(a)any application for a certificate or for registration;
[F297(aa)any application as mentioned in section 116A(4)(a) or (5)(a);] or
(b)the determination of whether a person should continue to be a registered person.]
[F298(4A)DBS may require the Secretary of State to provide it with the information and advice specified in section 113CD(2) to (6) for the purpose of enabling DBS to carry out its functions under section 113CD.]
(5)No proceedings shall lie against [F299the Secretary of State] [F299DBS] [F300or the Disclosure and Barring Service] by reason of an inaccuracy in the information made available or provided to [F301him] [F301it] [F302or it] in accordance with this section.
[F303(6)For the purposes of this section references to a police force include any body mentioned in subsections (10)(a) to (i) and (11) of section 113B and references to a chief officer must be construed accordingly.
(7)In the case of such a body the reference in subsection (3) to the appropriate [F304local policing body or] police authority must be construed as a reference to such body as is prescribed.]
[F305(8)In this section a relevant function is a function of [F306the Secretary of State] [F306DBS]—
(a)under this Part in relation to any application for a certificate or for registration;
[F307(aa)under this Part in relation to any request under section 116A(1);]
(b)under this Part in relation to the determination of whether a person should continue to be a registered person;
F308(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)[F309under paragraph 1, 2, 7 or 8 of Schedule 3 to [F310the Safeguarding Vulnerable Groups Act 2006] (considering whether criteria prescribed for the purpose of that paragraph apply to an individual).]]
Textual Amendments
F270Words in s. 119(1) substituted (S.) (28.2.2011) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), ss. 78(3), 101(2) (with ss. 90, 99); S.S.I. 2011/157, art. 2(a) (with art. 3)
F271Words in s. 119(1) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(k) (with Pt. 4)
F272Words in s. 119(1)(4) substituted (E.W.N.I.) (19.6.2001) by 2001 c. 16, s. 134(2)(a); S.I. 2001/2223, art. 2(1)(c)
F273Words in s. 119(1) inserted (S.) (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 70(4), 89(2); S.S.I. 2003/288, art. 2, sch.
F274Word in s. 119(1) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 42(a) (with Pt. 4)
F275Words in s. 119(1) substituted (E.W.N.I.) (12.10.2009 for E.W., 12.10.2009 for N.I.) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 14(7)(a) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2610, art. 2(a) (with arts. 4-23); S.I. 2009/2611, art. 2, Sch.
F276S. 119(1ZA) inserted (N.I.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 52(2) (with Pt. 4)
F277S. 119(1A) substituted (10.9.2012 for E.W.N.I.) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 118; S.I. 2012/2235, art. 2(c)
F278S. 119(1A) omitted (E.W.) (1.12.2012) by virtue of The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 50(2) (with Pt. 4)
F279Words in s. 119(1A) substituted (N.I.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 13(1)(2)(c) (with Pt. 4)
F280S. 119(1A)(aa) inserted (E.W.) (17.6.2013) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 110(2) (with s. 97); S.I. 2013/1180, art. 2(e)(ii)
F281S. 119(1B) inserted (12.10.2009 for E.W., 12.10.2009 for N.I.) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 14(7)(b) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2610, art. 2(a) (with arts. 4-23); S.I. 2009/2611, art. 2, Sch.
F282Words in s. 119(1B) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(k) (with Pt. 4)
F283Word in s. 119(1B) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 42(b) (with Pt. 4)
F284Words in s. 119(1B) substituted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 110(3) (with s. 97); S.I. 2012/2234, art. 2(aa)(viii)
F285Word in s. 119(2) substituted (1.4.2006 for S., 6.4.2006 for E.W.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(4)(e)(8), Sch. 14 para. 4(b); S.S.I. 2006/166, art. 2(1)(e); S.I. 2006/378, art. 7(c)
F286Words in s. 119(2) repealed (E.W.N.I.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 40(2), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(i)
F287S. 119(2A) inserted (E.W.) (17.6.2013) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 110(4) (with s. 97); S.I. 2013/1180, art. 2(e)(ii)
F288Words in s. 119(3) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(k) (with Pt. 4)
F289Words in s. 119(3) inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 223; S.I. 2011/3019, art. 3, Sch. 1
F290Words in s. 119 repealed (3.7.2000) by 1999 c. 29, ss. 325, 423, Sch. 27 para. 112, Sch. 34 Pt. VII (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.
F291Words in s. 119(3) substituted (1.7.2005 for E.W., 1.4.2006 for S., 1.4.2008 for N.I.) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 165(1)(a), 178(4)(d)(8); S.I. 2005/1521, art. 3(3)(b); S.S.I. 2006/166, art. 2(1)(c); S.I. 2008/697, art. 2(c)
F292Words in s. 119(3) substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 42(c) (with Pt. 4)
F293Words in s. 119(3) substituted (E.W.N.I.) (19.6.2001) by 2001 c. 16, s. 134(2)(c); S.I. 2001/2223, art. 2(1)(c)
F294Words in s. 119(4) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(k) (with Pt. 4)
F295Word in s. 119(4) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 42(d)(i) (with Pt. 4)
F296Word in s. 119(4) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 42(d)(ii) (with Pt. 4)
F297S. 119(4)(aa) inserted (E.W.) (17.6.2013) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 110(5) (with s. 97); S.I. 2013/1180, art. 2(e)(ii)
F298S. 119(4A) inserted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 50(3) (with Pt. 4)
F299Words in s. 119(5) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(k) (with Pt. 4)
F300Words in s. 119(5) inserted (N.I.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 52(3)(a) (with Pt. 4)
F301Word in s. 119(5) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 42(e) (with Pt. 4)
F302Words in s. 119(5) inserted (N.I.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 52(3)(b) (with Pt. 4)
F303S. 119(6)(7) inserted (1.4.2006 for S., 6.4.2006 for E.W., 1.4.2008 for N.I.) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 165(1)(b), 178(4)(d)(8); S.S.I. 2006/166, art. 2(1)(c); S.I. 2006/378, art. 7(d); S.I. 2008/697, art. 2(c)
F304Words in s. 119(7) inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 223; S.I. 2011/3019, art. 3, Sch. 1
F305S. 119(8) inserted (E.W.N.I.) (12.10.2009 for E.W., 12.10.2009 for N.I.) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 14(7)(d) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2610, art. 2(a) (with arts. 4-23); S.I. 2009/2611, art. 2, Sch.
F306Words in s. 119(8) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(k) (with Pt. 4)
F307S. 119(8)(aa) inserted (E.W.) (17.6.2013) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 110(6) (with s. 97); S.I. 2013/1180, art. 2(e)(ii)
F308S. 119(8)(c) repealed (E.W.N.I.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 40(3)(a), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(i)
F309S. 119(8)(d) omitted (N.I.) (1.12.2012) by virtue of The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 52(4) (with Pt. 4)
F310Words in s. 119(8)(d) substituted (E.W.N.I.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 40(3)(b), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(i)
Modifications etc. (not altering text)
C33S. 119 modified (temp.) (N.I.) (with application in accordance with arts. 2, 5 of the amending Order) by Safeguarding Vulnerable Groups (Regulated Activity, Transitional Provisions and Commencement No. 4) Order (Northern Ireland) 2009 (S.R. 2009/304), art. 8
Commencement Information
I19S. 119 in force at 1.3.2002 for E.W. by S.I. 2002/413, art. 2
S. 119 in force at 25.4.2002 for S. by S.S.I. 2002/124, art. 4
I20S. 119 in force at 1.4.2008 for N.I. by S.I. 2008/692, art. 2(k)
(1)Any person who holds, in Scotland, records of convictions [F312or other information] for the use of police forces generally shall make those records available to the Scottish Ministers for the purpose of enabling them to carry out their functions under this Part in relation to the determination of whether a person should continue to be a person registered under section 120.
(2)Where a person holds records of convictions [F313, cautions or other information] for the use of police forces generally (but is not required by subsection (1) or section 119(1) to make those records available to the Scottish Ministers) the Scottish Ministers may request that person to make those records available to them F314... .
(3)In subsection (1), “person” does not include—
(a)a public body; or
(b)a holder of a public office,
unless that person is a Scottish public authority (as defined in section 126(1) of the Scotland Act 1998 (c. 46)).
(4)This section is without prejudice to section 119; and subsection (5) of that section shall apply in relation to records made available in accordance with this section as it does in relation to information made available in accordance with that section.]
Textual Amendments
F311S. 119A inserted (S.) (1.4.2006) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 70(5), 89(2); S.S.I. 2006/168, art. 2
F312Words in s. 119A(1) inserted (S.) (28.2.2011) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), ss. 78(4)(a), 101(2) (with ss. 90, 99); S.S.I. 2011/157, art. 2(a) (with art. 3)
F313Words in s. 119A(2) substituted (S.) (28.2.2011) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), ss. 78(4)(b), 101(2) (with ss. 90, 99); S.S.I. 2011/157, art. 2(a) (with art. 3)
F314Words in s. 119A(2) repealed (S.) (28.2.2011) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), s. 101(2), sch. 4 para. 35 (with ss. 90, 99); S.S.I. 2011/157, art. 2(a) (with art. 3)
(1)There is to be an independent monitor for the purposes of this Part.
(2)The independent monitor is a person appointed by the Secretary of State—
(a)for such period, not exceeding three years, as the Secretary of State decides;
(b)on such terms as the Secretary of State decides.
(3)A person may be appointed for a further period or periods.
(4)The Secretary of State may terminate the appointment of the independent monitor before the end of the period mentioned in subsection (2)(a) by giving the monitor notice of the termination not less than three months before it is to take effect.
[F316(4A)Before appointing a person to be the independent monitor, or terminating the appointment of the independent monitor, the Secretary of State must consult the Department of Justice in Northern Ireland.]
(5)The independent monitor must review—
(a)[F317all cases in which information is disclosed to a registered person in pursuance of section 113B(6)(b);]
(b)a sample of cases in which a certificate issued under section 113B has included information in pursuance of subsection (4)(b) of that section;
(c)a sample of cases in which the chief officer of a police force has decided that information must not be included in a certificate or report in pursuance of section 113B(4)(b) [F318or disclosed in pursuance of section 113B(5)(c) and (6)(b)];
[F319(ca)a sample of cases in which the chief officer of a police force has decided that information should be disclosed or not disclosed to [F320DBS] for the purpose of the provision by [F320DBS] of up-date information under section 116A.]
F321(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F321(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)The purpose of a review under subsection (5) is to ensure compliance with Article 8 of the European Convention of Human Rights.
(7)The independent monitor must in relation to each year make a report to the Secretary of State about the performance of police forces in exercising their functions under this Part.
(8)The independent monitor may make recommendations to the Secretary of State as to—
(a)any guidance issued by the Secretary of State or which the monitor thinks it would be appropriate for the Secretary of State to issue;
(b)any changes to any enactment which the monitor thinks may be appropriate.
[F322(8A)The independent monitor has the functions conferred on the monitor by section 117A.]
(9)The chief officer of a police force must provide to the independent monitor such information as the monitor reasonably requires in connection with the exercise of his functions under this section [F323or section 117A].]
Textual Amendments
F315S. 119B inserted (E.W.N.I.) (20.1.2009) by Safeguarding Vulnerable Groups Act 2006 (c. 47), ss. 28, 65 (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/39, art. 2(1)(c)
F316S. 119B(4A) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 14 para. 37(2) (with arts. 28-31)
F317S. 119B(5)(a) repealed (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 111(2), Sch. 10 Pt. 6 (with s. 97); S.I. 2012/2234, art. 2(aa)(cc)(ix)
F318Words in s. 119B(5)(c) repealed (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 111(3), Sch. 10 Pt. 6 (with s. 97); S.I. 2012/2234, art. 2(aa)(cc)(ix)
F319S. 119B(5)(ca) inserted (E.W.) (17.6.2013) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 111(4) (with s. 97); S.I. 2013/1180, art. 2(e)(ii)
F320Word in s. 119B(5)(ca) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(l) (with Pt. 4)
F321S. 119B(5)(d)(e) repealed (E.W.N.I.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 41, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(i)
F322S. 119B(8A) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 111(5) (with s. 97); S.I. 2012/2234, art. 2(aa)(ix)
F323Words in s. 119B(9) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 111(6) (with s. 97); S.I. 2012/2234, art. 2(aa)(ix)
(1)For the purposes of this Part a registered person is a person who is listed in a register to be maintained by [F324the Secretary of State] [F324DBS] for the purposes of this Part.
[F325(2)[F326Subject to regulations under section 120ZA and 120AA and to section 120A the] [F327[F326The] Secretary of State] [F327DBS] shall include in the register any person who—
(a)applies to [F328him] [F328it] in writing to be registered, [F329and]
(b)satisfies the conditions in subsections (4) to (6), [F330and
(c)has not in the period of two years ending with the date of the application been removed from the register under section 120A or 120AA.]]
[F331(2A)Subsection (2) is subject to—
(a)regulations under section 120ZA,
(b)section 120A, and
(c)section 120AA and regulations made under that section.]
F332(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)A person applying for registration under this section must be—
(a)a body corporate or unincorporate,
(b)a person [F333who is] appointed to an office by virtue of any enactment [F334and who, in the case of an individual, is aged 18 or over], or
(c)an individual [F335aged 18 or over] who employs others in the course of a business.
(5)A body applying for registration under this section must satisfy [F336the Secretary of State] [F336DBS] that it—
(a)is likely to ask exempted questions, or
(b)is likely to [F337countersign] [F337act as the registered person in relation to] applications under section [F338113A or 113B] at the request of bodies or individuals asking exempted questions.
(6)A person, other than a body, applying for registration under this section must satisfy [F339the Secretary of State] [F339DBS] that he is likely to ask exempted questions.
(7)In this section “exempted question” has the same meaning as in section [F340113A].
Textual Amendments
F324Words in s. 120(1) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(m) (with Pt. 4)
F325S. 120(2) substituted (6.4.2006 for E.W., 3.12.2007 for N.I.) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 35 para. 6(2); S.I. 2006/751, art. 2(c)(ii); S.I. 2007/3340, art. 2(b)
F326Word in s. 120(2) substituted (E.W.)(10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 112(2)(a) (with s. 97); S.I. 2012/2234, art. 2(aa)(x)
F327Words in s. 120(2) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(m) (with Pt. 4)
F328Word in s. 120(2)(a) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 43 (with Pt. 4)
F329Word in s. 120(2)(a) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 112(2)(b) (with s. 97); S.I. 2012/2234, art. 2(aa)(x)
F330S. 120(2)(c) and word repealed (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 112(2)(c), Sch. 10 Pt. 6 (with s. 97); S.I. 2012/2234, art. 2(aa)(cc)(x)
F331S. 120(2A) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 112(3) (with s. 97); S.I. 2012/2234, art. 2(aa)(x)
F332S. 120(3) repealed (29.1.2004 for E.W., 3.12.2007 for N.I.) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 35 para. 6(3), Sch. 37 Pt. 11; S.I. 2004/81, art. 4(1)(2)(p); S.I. 2007/3340, art. 2(b)
F333Words in s. 120(4)(b) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 80(2)(a)(i), 120 (with s. 97); S.I. 2012/2234, art. 2(s) (with art. 5)
F334Words in s. 120(4)(b) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 80(2)(a)(ii), 120 (with s. 97); S.I. 2012/2234, art. 2(s) (with art. 5)
F335Words in s. 120(4)(c) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 80(2)(b), 120 (with s. 97); S.I. 2012/2234, art. 2(s) (with art. 5)
F336Words in s. 120(5) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(m) (with Pt. 4)
F337Words in s. 120(5)(b) substituted (E.W.) (2.3.2009) by The Police Act 1997 (Criminal Records) (Electronic Communications) Order 2009 (S.I. 2009/203), arts. 1(1), 5
F338Words in s. 120(5)(b) substituted (1.4.2006 for S., 6.4.2006 for E.W., 3.12.2007 for N.I.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(4)(e)(8), Sch. 14 para. 6(b); S.S.I. 2006/166, art. 2(1)(e); S.I. 2006/378, art. 7(c); S.I. 2007/3341, art. 2(d)
F339Words in s. 120(6) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(m) (with Pt. 4)
F340Word in s. 120(7) substituted (1.4.2006 for S., 6.4.2006 for E.W., 3.12.2007 for N.I.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(4)(e)(8), Sch. 14 para. 6(c); S.S.I. 2006/166, art. 2(1)(e); S.I. 2006/378, art. 7(c); S.I. 2007/3341, art. 2(d)
Modifications etc. (not altering text)
C34This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only
Commencement Information
I21S. 120(3) in force for E.W. at 19.3.2001 and s. 120(1)(2)(4)-(7) in force for E.W. at 1.5.2001 by S.I. 2001/1097, art. 2
S. 120(3) in force for S. at 1.1.2002 and s. 120(1)(2)(4)-(7) in force for S. at 1.2.2002 by S.S.I. 2001/482, art. 2
I22S. 120 in force at 3.12.2007 for N.I. by S.I. 2007/3342, art. 2(a)
(1)For the purposes of this Part a registered person is a person who is listed in a register to be maintained by the Secretary of State for the purposes of this Part.
(2)Subject to [F576section 120A and] regulations under subsection (3), the Secretary of State shall include in the register any person who applies to him F577... to be registered and satisfies the conditions in subsections (4) to (6).
(3)The Secretary of State may make regulations about the maintenance of the register; and regulations may, in particular, provide for—
(a)the information to be included in the register,
[F578(aa)the nomination by—
(i)a body corporate or unincorporate; or
(ii)a person appointed to an office by virtue of an enactment,
whether that body or person is registered or applying to be registered, of an individual to act for it or, as the case may be, him in relation to the countersigning of applications under this Part;
(ab)the refusal by the Scottish Ministers, on such grounds as may be specified in or determined under the regulations, to accept or to continue to accept any nomination made by virtue of this subsection;
(ac)as to the period which must elapse before any person refused registration or removed from the register may apply to be included in the register;]
(b)the removal from the register of persons who are, in the opinion of the Secretary of State, no longer likely to wish to countersign applications under section [F579113A or 113B], and
(c)the payment of fees.
(4)A person applying for registration under this section must be—
(a)a body corporate or unincorporate,
(b)a person appointed to an office by virtue of any enactment, or
(c)an individual who employs others in the course of a business.
(5)A body applying for registration under this section must satisfy the Secretary of State that it—
(a)is likely to ask exempted questions, or
(b)is likely to countersign applications under section [F338113A or 113B] at the request of bodies or individuals asking exempted questions.
(6)A person, other than a body, applying for registration under this section must satisfy the Secretary of State that he is likely to ask exempted questions.
(7)In this section “exempted question” has the same meaning as in section [F340113A].]
Extent Information
E8This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland only
Textual Amendments
F338Words in s. 120(5)(b) substituted (1.4.2006 for S., 6.4.2006 for E.W., 3.12.2007 for N.I.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(4)(e)(8), Sch. 14 para. 6(b); S.S.I. 2006/166, art. 2(1)(e); S.I. 2006/378, art. 7(c); S.I. 2007/3341, art. 2(d)
F340Word in s. 120(7) substituted (1.4.2006 for S., 6.4.2006 for E.W., 3.12.2007 for N.I.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(4)(e)(8), Sch. 14 para. 6(c); S.S.I. 2006/166, art. 2(1)(e); S.I. 2006/378, art. 7(c); S.I. 2007/3341, art. 2(d)
F431Ss. 124A, 124B inserted (S.) (1.4.2006 for the insertion of s. 124A) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 70(8), 89(2); S.S.I. 2006/168, art. 2
F576Words in s. 120(2) inserted (S.) (1.4.2006) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 70(6)(a), 89(2); S.S.I. 2006/168, art. 2
F577Words in s. 120(2) repealed (11.1.2008) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), ss. 79(2), 101(2) (with ss. 90, 99); S.S.I. 2007/564, art. 2, sch.
F578S. 120(3)(aa)-(ac) inserted (S.) (1.4.2006) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 70(6)(b), 89(2); S.S.I. 2006/168, art. 2
F579Words in s. 120(3)(b) substituted (1.4.2006 for S.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(4)(e)(8), Sch. 14 para. 6(a); S.S.I. 2006/166, art. 2(1)(e); S.I. 2007/3341, art. 2(d)
Commencement Information
I59S. 120(3) in force at 19.3.2001 for E.W. and s. 120(1)(2)(4)-(7) in force at 1.5.2001 for E.W. by S.I. 2001/1097, art. 2
S. 120(3) in force at 1.1.2002 for S. and s. 120(1)(2)(4)-(7) in force at 1.2.2002 for S. by S.S.I. 2001/482, art. 2
(1)The Secretary of State may by regulations make further provision about registration.
(2)Regulations under this section may in particular make provision for—
(a)the payment of fees,
(b)the information to be included in the register,
(c)the registration of any person to be subject to conditions,
(d)the nomination by—
(i)a body corporate or unincorporate, or
(ii)a person appointed to an office by virtue of any enactment,
of the individuals authorised to act for it or, as the case may be, him in relation to the countersigning of applications under this Part [F342or the transmitting of applications under section 113A(2A) or 113B(2A)], and
(e)the refusal by [F343the Secretary of State] [F343DBS], on such grounds as may be specified in or determined under the regulations, to accept or to continue to accept the nomination of a person as so authorised.
(3)The provision which may be made by virtue of subsection (2)(c) includes provision—
(a)for the registration or continued registration of any person to be subject to prescribed conditions or, if the regulations so provide, such conditions as [F344the Secretary of State] [F344DBS] thinks fit, and
(b)for [F344the Secretary of State] [F344DBS] to vary or revoke those conditions.
(4)The conditions imposed by virtue of subsection (2)(c) may in particular include conditions—
(a)requiring a registered person, before [F345he countersigns] [F345acting as the registered person in relation to] an application at an individual’s request, to verify the identity of that individual in the prescribed manner,
(b)requiring an application under section [F346113A or 113B] to be transmitted by electronic means to [F347the Secretary of State] [F347DBS] by the [F348registered person who countersigns it] [F348person who acts as the registered person in relation to the application], and
(c)requiring a registered person to comply with any code of practice for the time being in force under section 122.]
Textual Amendments
F341S. 120ZA inserted (29.1.2004 for E.W., 3.12.2007 for N.I.) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 35 para. 7; S.I. 2004/81, art. 4(1)(2)(o)(i); S.I. 2007/3340, art. 2(b)
F342Words in s. 120ZA(2)(d) inserted (E.W.) (2.3.2009) by The Police Act 1997 (Criminal Records) (Electronic Communications) Order 2009 (S.I. 2009/203), arts. 1(1), 6(2)
F343Words in s. 120ZA(2) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(n) (with Pt. 4)
F344Words in s. 120ZA(3) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(n) (with Pt. 4)
F345Words in s. 120ZA(4)(a) substituted (E.W.) (2.3.2009) by The Police Act 1997 (Criminal Records) (Electronic Communications) Order 2009 (S.I. 2009/203), arts. 1(1), 6(3)(a)
F346Words in s. 120ZA(4)(b) substituted (6.4.2006 for E.W., 3.12.2007 for N.I.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(4)(e)(8), Sch. 14 para. 7; S.S.I. 2006/166, art. 2(1)(e); S.I. 2006/378, art. 7(c); S.I. 2007/3341, art. 2(d)
F347Words in s. 120ZA(4) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(n) (with Pt. 4)
F348Words in s. 120ZA(4)(b) substituted (E.W.) (2.3.2009) by The Police Act 1997 (Criminal Records) (Electronic Communications) Order 2009 (S.I. 2009/203), arts. 1(1), 6(3)(b)
Commencement Information
I23S. 120ZA in force at 3.12.2007 for N.I. by S.I. 2007/3342, art. 2(b)
(1)The Scottish Ministers may by regulations make further provision about registration.
(2)Regulations under this section may in particular make provision for—
(a)the payment of fees;
(b)the information to be included in the register;
(c)the registration of any person to be subject to conditions;
(d)the nomination by—
(i)a body corporate or unincorporated; or
(ii)a person appointed to an office by virtue of an enactment, whether that body or person is registered or applying to be registered,
of an individual to act for the body or, as the case may be, person in relation to disclosure applications;
(e)the refusal by the Scottish Ministers, on such grounds as may be specified in or determined under the regulations, to accept or to continue to accept any nomination made by virtue of this section;
(f)the refusal by the Scottish Ministers to include persons who, in the opinion of the Scottish Ministers, are likely to act in relation to fewer disclosure applications in any period of 12 months than a minimum number specified in the regulations;
(g)the removal from the register of persons who have, in any period of 12 months during which they were registered, acted in relation to fewer disclosure applications than the minimum number specified under paragraph (f);
(h)the removal from the register of persons who are, in the opinion of the Scottish Ministers, no longer likely to wish to act in relation to disclosure applications;
(i)the removal from the register of any person who has breached any condition of the person's registration; and
(j)the period which must elapse before any person refused registration or removed from the register may apply to be included in the register.
[F350(2A)The provision which may be made by virtue of subsection (2)(a) includes in particular provision for—
(a)the payment of fees in respect of applications to be listed in the register,
(b)the payment of different fees in different circumstances,
(c)annual or other recurring fees to be paid in respect of registration, and
(d)such annual or other recurring fees to be paid in advance or in arrears.
(2B)Where provision is made under subsection (2)(a) for a fee to be charged in respect of an application to be listed in the register, the Scottish Ministers need not consider the application unless the fee is paid.]
(3)The provision which may be made by virtue of subsection (2)(c) includes provision—
(a)for the registration or continued registration of any person to be subject to prescribed conditions or, if the regulations so provide, such conditions as the Scottish Ministers think fit; and
(b)for the Scottish Ministers to vary or revoke those conditions.
(4)In subsection (2), references to acting in relation to disclosure applications are to be read as references to—
(a)countersigning applications under section 113A or 113B; or
(b)making declarations in relation to requests for disclosures under section 52 or 53 of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14).]
Textual Amendments
F349S. 120ZB inserted (S.) (12.10.2010) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), ss. 81(2), 101(2) (with ss. 90, 99); S.S.I. 2010/344, art. 2(a)(iv)
F350S. 120ZB(2A)(2B) inserted (S.) (12.10.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 108(4), 206(1); S.S.I. 2010/344, art. 2(b)(ii)
(1)[F353The Secretary of State] [F353DBS] may refuse to include a person in the register maintained for the purposes of this Part if it appears to [F354him] [F354it] that the registration of that person is likely to make it possible for information to become available to an individual who, in [F353The Secretary of State's] [F353DBS's] opinion, is not a suitable person to have access to that information.
(2)[F355The Secretary of State] [F355DBS] may remove a person from the register if it appears to [F355the Secretary of State] [F355DBS]—
(a)that the registration of that person is likely to make it possible for information to become available to an individual who, in [F355the Secretary of State's] [F355DBS's] opinion, is not a suitable person to have access to that information; or
(b)that the registration of that person has resulted in information becoming known to such an individual.
(3)In determining for the purposes of this section whether an individual is a suitable person to have access to any information, [F356the Secretary of State] [F356DBS] may have regard, in particular, to—
(a)any information relating to that person which concerns a relevant matter;
[F357(b)any information relating to the person of a kind specified in subsection (3A);]
(c)any information provided to [F356the Secretary of State] [F356DBS] under subsection (4).
[F358(3A)The information is—
(a)whether the person is barred from regulated activity;
F359(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F359(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)whether the person is subject to a direction under section 167A of the Education Act 2002 (prohibition on participation in management of independent school).
F360(3B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F360(3C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3D)Expressions used in [F361subsection (3A)] and in the Safeguarding Vulnerable Groups Act 2006 have the same meaning in [F362that subsection] as in that Act F363....]
(4)It shall be the duty of the chief officer of any police force to comply, as soon as practicable after receiving it, with any request by [F364the Secretary of State] [F364DBS] to provide [F364the Secretary of State] [F364DBS] with information which—
(a)is available to the chief officer;
(b)relates to—
(i)an applicant for registration;
(ii)a registered person; or
(iii)an individual who is likely to have access to information in consequence of [F365the countersigning of applications by a particular applicant for registration or by a particular registered person] [F365a particular applicant for registration, or a particular registered person, acting as the registered person in relation to applications under this Part];
and
(c)concerns a matter which [F364the Secretary of State] [F364DBS] has notified to the chief officer to be a matter which, in the opinion of [F364the Secretary of State] [F364DBS], is relevant to the determination of the suitability of individuals for having access to the information that may be provided in consequence of [F366the countersigning of] [F366a person acting as the registered person in relation to] applications under this Part.
(5)In this section “relevant matter” has the same meaning as in section [F367113A].
[F368(6)For the purposes of this section references to a police force include any body mentioned in subsections (10)(a) to (i) and (11) of section 113B and references to a chief officer must be construed accordingly.]
[F369(7)The Secretary of State may by order made by statutory instrument amend subsection (3A) for the purpose of altering the information specified in that subsection.
(8)Such an order is subject to annulment in pursuance of a resolution of either House of Parliament.]]
Extent Information
E2This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only
Textual Amendments
F351S. 120A inserted (E.W.N.I.) (19.6.2001) by 2001 c. 16, s. 134(1); S.I. 2001/2223, art. 2(1)(c)
F352Words in s. 120A inserted (6.4.2006 for E.W., 3.12.2007 for N.I.) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 35 para. 8; S.I. 2006/751, art. 2(c)(ii); S.I. 2007/3340, art. 2(b)
F353Words in s. 120A(1) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(o) (with Pt. 4)
F354Word in s. 120A(1) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 44 (with Pt. 4)
F355Words in s. 120A(2) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(o) (with Pt. 4)
F356Words in s. 120A(3) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(o) (with Pt. 4)
F357S. 120A(3)(b) substituted (10.9.2012 for E.W.N.I.) by Policing and Crime Act 2009 (c. 26), ss. 96(2), 116(1); S.I. 2012/2235, art. 2(a)
F358S. 120A(3A)-(3D) inserted (10.9.2012 for E.W.N.I.) by Policing and Crime Act 2009 (c. 26), ss. 96(3), 116(1); S.I. 2012/2235, art. 2(a)
F359S. 120A(3A)(b)(c) repealed (E.W.N.I.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 42(2), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(i)
F360S. 120A(3B)(3C) repealed (E.W.N.I.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 42(3), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(i)
F361Words in s. 120A(3D) substituted (E.W.N.I.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 42(4)(a) (with s. 97); S.I. 2012/2234, art. 2(aa)(i)
F362Words in s. 120A(3D) substituted (E.W.N.I.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 42(4)(b) (with s. 97); S.I. 2012/2234, art. 2(aa)(i)
F363Words in s. 120A(3D) repealed (E.W.N.I.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 42(4)(c), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(i)
F364Words in s. 120A(4) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(o) (with Pt. 4)
F365Words in s. 120A(4)(b)(iii) substituted (E.W.) (2.3.2009) by The Police Act 1997 (Criminal Records) (Electronic Communications) Order 2009 (S.I. 2009/203), arts. 1(1), 7(a)
F366Words in s. 120A(4)(c) substituted (E.W.) (2.3.2009) by The Police Act 1997 (Criminal Records) (Electronic Communications) Order 2009 (S.I. 2009/203), arts. 1(1), 7(b)
F367Word in s. 120A(5) substituted (6.4.2006 for E.W., 3.12.2007 for N.I.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(4)(e)(8), Sch. 14 para. 8(b); S.I. 2006/378, art. 7(c); S.I. 2007/3341, art. 2(d)
F368S. 120A(6) inserted (1.4.2006 for S., 6.4.2006 for E.W., 3.12.2007 for N.I.) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 165(2), 178(4)(d)(8); S.S.I. 2006/166, art. 2(1)(c); S.I. 2006/378, art. 7(d); S.I. 2007/3341, art. 2(b)
F369S. 120A(7)(8) inserted (10.9.2012 for E.W.N.I.) by Policing and Crime Act 2009 (c. 26), ss. 96(4), 116(1); S.I. 2012/2235, art. 2(a)
Modifications etc. (not altering text)
C35S. 120A modified (temp.) (N.I.) (with application in accordance with arts. 2, 5 of the amending Order) by Safeguarding Vulnerable Groups (Regulated Activity, Transitional Provisions and Commencement No. 4) Order (Northern Ireland) 2009 (S.R. 2009/304), art. 9
C36S. 120A modified (temp.) (12.10.2009) by The Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Miscellaneous and Transitional Provisions and Commencement No. 5) Order 2009 (S.I. 2009/2610), arts. 1(1), 8
C37S. 120A(3) applied (13.8.2001) by S.I. 2001/1194, reg. 3A(4) (as inserted by S.I. 2001/2498, reg. 2(3))
Commencement Information
I24S. 120A in force at 3.12.2007 for N.I. by S.I. 2007/3342, art. 2(c)
(1)The Scottish Ministers may refuse to include a person in, or may remove a person from, a register maintained under section 120 for the purposes of this Part if it appears to them that the registration of that person is likely to make it possible for information to become available to an individual who, in their opinion, is not a suitable person to have access to that information.
(2)The Scottish Ministers may also remove a person from any such register if it appears to them that the registration of that person has resulted in information becoming known to such an individual.
(3)In determining, for the purposes of this section, whether an individual is a suitable person to have access to information, the Scottish Ministers may have regard, in particular, to—
(a)any information relating to the individual which concerns a relevant matter (“relevant matter” having the same meaning as in section [F581113A]);
(b)whether that person is included in any list mentioned in section [F582113C(3) or 113D(3)];
(c)any information provided to them under subsection (4);
(d)any information provided to them by the chief officer of a police force in England and Wales or Northern Ireland in response to a request by them for such information as is available to that officer, relates to any such matter as is mentioned in paragraph (b) of subsection (4) and concerns such matter as is mentioned in paragraph (c) of that subsection;
(e)anything which has been done—
(i)under subsection (1) or (2) or section 122(3); or
(ii)in England and Wales or Northern Ireland under the provisions of this Act which apply in England and Wales or Northern Ireland and correspond to subsection (1) or (2),
and any information on the basis of which that thing was done.
(4)A chief constable of a police force in Scotland shall comply, as soon as practicable after receiving it, with any request by the Scottish Ministers to provide them with information which—
(a)is available to him;
(b)relates to—
(i)an applicant for registration under section 120;
(ii)a person so registered;
(iii)an individual who is likely to have access to information in consequence of the countersigning of applications by a particular applicant for such registration or by a particular person so registered; and
(c)concerns a matter which they have notified the chief constable is a matter which in their opinion is relevant to the determination of the suitability of individuals for having access to information which may be provided by virtue of this Part.
(5)The Scottish Ministers shall pay to a police authority [F583such fee as they consider appropriate].
[F584(6)For the purposes of this section references to a police force include any body mentioned in subsections (10)(a) to (i) and (11) of section 113B and references to a chief officer must be construed accordingly.]
[F585(7)In the case of such a body the reference in subsection (5) to a police authority must be construed as a reference to such body as is prescribed.]]]
Extent Information
E9This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
Textual Amendments
F431Ss. 124A, 124B inserted (S.) (1.4.2006 for the insertion of s. 124A) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 70(8), 89(2); S.S.I. 2006/168, art. 2
F580S. 120A inserted (S.) (1.4.2006) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 70(2), 89(2); S.S.I. 2006/168, art. 2
F581Word in s. 120A(3)(a) substituted (1.4.2006 for S.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(4)(e)(8), Sch. 14 para. 9(a); S.S.I. 2006/166, art. 2(1)(e)
F582Words in s. 120A(3)(b) substituted (1.4.2006 for S.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(4)(e)(8), Sch. 14 para. 9(b); S.S.I. 2006/166, art. 2(1)(e)
F583Words in s. 120A(5) substituted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 166(1), 178(4)(d)(8); S.S.I. 2006/166, art. 2(1)(c)
F584S. 120A(6) inserted (1.4.2006 for S., 6.4.2006 for E.W., 3.12.2007 for N.I.) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 165(2), 178(4)(d)(8); S.S.I. 2006/166, art. 2(1)(c); S.I. 2006/378, art. 7(d); S.I. 2007/3341, art. 2(b)
F585S. 120A(7) inserted (1.4.2006 for S.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(4)(e)(8), Sch. 14 para. 9(c); S.S.I. 2006/166, art. 2(1)(e)
Modifications etc. (not altering text)
C36S. 120A modified (temp.) (12.10.2009) by The Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Miscellaneous and Transitional Provisions and Commencement No. 5) Order 2009 (S.I. 2009/2610), arts. 1(1), 8
(1)Regulations may make provision enabling [F371the Secretary of State] [F371DBS] in prescribed cases to refuse to register a person who, in the opinion of [F371the Secretary of State] [F371DBS], is likely to [F372countersign] [F372act as the registered person in relation to] fewer applications under this Part in any period of twelve months than a prescribed minimum number.
(2)Subsection (3) applies where a registered person—
(a)is, in the opinion of [F373the Secretary of State] [F373DBS], no longer likely to wish to [F374countersign] [F374act as the registered person in relation to] applications under this Part,
(b)has, in any period of twelve months during which he was registered, [F375countersigned] [F375acted as the registered person in relation to] fewer applications under this Part than the minimum number specified in respect of him by regulations under subsection (1), or
(c)has failed to comply with any condition of his registration.
(3)Subject to section 120AB, [F376the Secretary of State] [F376DBS] may—
(a)suspend that person’s registration for such period not exceeding 6 months as [F376the Secretary of State] [F376DBS] thinks fit, or
(b)remove that person from the register.
[F377(4)Subsection (6) applies if an application is made under section 120 by an individual who—
(a)has previously been a registered person; and
(b)has been removed from the register (otherwise than at that individual's own request).
(5)Subsection (6) also applies if an application is made under section 120 by a body corporate or unincorporate which—
(a)has previously been a registered person; and
(b)has been removed from the register (otherwise than at its own request).
(6)[F378The Secretary of State] [F378DBS] may refuse the application.]
Textual Amendments
F370Ss. 120AA, 120AB inserted (6.4.2006 for E.W., 3.12.2007 for N.I.) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 35 para. 9; S.I. 2006/751, art. 2(c)(ii); S.I. 2007/3340, art. 2(b)
F371Words in s. 120AA(1) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(p) (with Pt. 4)
F372Words in s. 120AA(1) substituted (E.W.) (2.3.2009) by The Police Act 1997 (Criminal Records) (Electronic Communications) Order 2009 (S.I. 2009/203), arts. 1(1), 8(2)
F373Words in s. 120AA(2) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(p) (with Pt. 4)
F374Words in s. 120AA(2)(a) substituted (E.W.) (2.3.2009) by The Police Act 1997 (Criminal Records) (Electronic Communications) Order 2009 (S.I. 2009/203), arts. 1(1), 8(3)(a)
F375Words in s. 120AA(2)(b) substituted (E.W.) (2.3.2009) by The Police Act 1997 (Criminal Records) (Electronic Communications) Order 2009 (S.I. 2009/203), arts. 1(1), 8(3)(b)
F376Words in s. 120AA(3) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(p) (with Pt. 4)
F377S. 120AA(4)-(6) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 81, 120 (with s. 97); S.I. 2012/2234, art. 2(t)
F378Words in s. 120AA(6) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(p) (with Pt. 4)
Commencement Information
I25S. 120AA in force at 3.12.2007 for N.I. by S.I. 2007/3342, art. 2(d)
(1)Before cancelling or suspending a person’s registration by virtue of section 120AA, [F379the Secretary of State] [F379DBS] must send [F380him] [F380its] written notice of his intention to do so.
(2)Every such notice must—
(a)give [F381the Secretary of State’s] [F381DBS's] reasons for proposing to cancel or suspend the registration, and
(b)inform the person concerned of his right under subsection (3) to make representations.
(3)A person who receives such a notice may, within 21 days of service, make representations in writing to [F382the Secretary of State] [F382DBS] as to why the registration should not be cancelled or suspended.
(4)After considering such representations, [F383the Secretary of State] [F383DBS] must give the registered person written notice—
(a)that at the end of a further period of six weeks beginning with the date of service, the person’s registration will be cancelled or suspended, or
(b)that [F384he] [F384it] does not propose to take any further action.
(5)If no representations are received within the period mentioned in subsection (3) [F385the Secretary of State] [F385DBS] may cancel or suspend the person’s registration at the end of the period mentioned in that subsection.
(6)Subsection (1) does not prevent [F386the Secretary of State] [F386DBS] from imposing on the registered person a lesser sanction than that specified in the notice under that subsection.
(7)Any notice under this section that is required to be given in writing may be given by being transmitted electronically.
(8)This section does not apply where—
(a)[F387the Secretary of State] [F387DBS] is satisfied, in the case of a registered person other than a body, that the person has died or is incapable, by reason of physical or mental impairment, of [F388countersigning] [F388acting as the registered person in relation to] applications under this Part, or
(b)the registered person has requested to be removed from the register.
(9)The Secretary of State may by regulations amend subsection (4)(a) by substituting for the period there specified, such other period as may be specified in the regulations.]
Textual Amendments
F370Ss. 120AA, 120AB inserted (6.4.2006 for E.W., 3.12.2007 for N.I.) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 35 para. 9; S.I. 2006/751, art. 2(c)(ii); S.I. 2007/3340, art. 2(b)
F379Words in s. 120AB(1) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(q) (with Pt. 4)
F380Word in s. 120AB(1) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 45(a) (with Pt. 4)
F381Words in s. 120AB(2) substituted (E.W.) (1.12.2012) by virtue of The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(q) (with Pt. 4)
F382Words in s. 120AB(3) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(q) (with Pt. 4)
F383Words in s. 120AB(4) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(q) (with Pt. 4)
F384Word in s. 120AB(4)(b) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 45(b) (with Pt. 4)
F385Words in s. 120AB(5) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(q) (with Pt. 4)
F386Words in s. 120AB(6) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(q) (with Pt. 4)
F387Words in s. 120AB(8) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(q) (with Pt. 4)
F388Words in s. 120AB(8) substituted (E.W.) (2.3.2009) by The Police Act 1997 (Criminal Records) (Electronic Communications) Order 2009 (S.I. 2009/203), arts. 1(1), 9
Commencement Information
I26S. 120AB in force at 3.12.2007 for N.I. by S.I. 2007/3342, art. 2(e)
(1)[F390DBS] must, in response to a request from a person who is acting as the registered person in relation to an application under section 113A or 113B, inform that person whether or not a certificate has been issued in response to the application.
(2)Subsections (3) and (4) apply if, at the time a request is made under subsection (1), a certificate has been issued.
(3)In the case of a certificate under section 113A, if it was a certificate stating that there is no relevant matter recorded in central records, [F391DBS] may inform the person who made the request that the certificate was such a certificate.
(4)In the case of a certificate under section 113B, if it was a certificate—
(a)stating that there is no relevant matter recorded in central records and no information provided in accordance with subsection (4) of that section, and
(b)if section 113BA(1) or 113BB(1) applies to the certificate, containing no suitability information indicating that the person to whom the certificate is issued—
(i)is barred from regulated activity relating to children or to vulnerable adults, or
(ii)is subject to a direction under 128 of the Education and Skills Act 2008 or section 167A of the Education Act 2002,
[F392DBS] may inform the person who made the request that the certificate was such a certificate.
(5)If no certificate has been issued, [F393DBS] must inform the person who made the request of such other matters relating to the processing of the application as [F393DBS] considers appropriate.
(6)Subject to subsections (2) to (4), nothing in this section permits [F394DBS] to inform a person who is acting as the registered person in relation to an application under section 113A or 113B of the content of any certificate issued in response to the application.
(7)[F395DBS] may refuse a request under subsection (1) if it is made after the end of a prescribed period beginning with the day on which the certificate was issued.
(8)In this section—
“central records” and “relevant matter” have the same meaning as in section 113A,
“suitability information” means information required to be included in a certificate under section 113B by virtue of section 113BA or 113BB.
(9)Expressions in subsection (4)(b) and in the Safeguarding Vulnerable Groups Act 2006 have the same meaning in that paragraph as in that Act.
Textual Amendments
F389Ss. 120AC, 120AD inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) for specified purposes) by Protection of Freedoms Act 2012 (c. 9), ss. 79(3), 120 (with s. 97); S.I. 2012/2234, art. 2(r)
F390Words in s. 120AC(1) substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(r) (with Pt. 4)
F391Words in s. 120AC(3) substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(r) (with Pt. 4)
F392Words in s. 120AC(4) substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(r) (with Pt. 4)
F393Words in s. 120AC(5) substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(r) (with Pt. 4)
F394Words in s. 120AC(6) substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(r) (with Pt. 4)
F395Words in s. 120AC(7) substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(r) (with Pt. 4)
(1)Subsection (2) applies if—
(a)[F396DBS] gives up-date information in relation to a criminal record certificate or enhanced criminal record certificate,
(b)the up-date information is advice to apply for a new certificate or (as the case may be) request another person to apply for such a certificate, and
(c)the person whose certificate it is in respect of which the up-date information is given applies for a new criminal record certificate or (as the case may be) enhanced criminal record certificate.
(2)[F397DBS] must, in response to a request made within the prescribed period by the person who is acting as the registered person in relation to the application, send to that person a copy of any certificate issued in response to the application if the registered person—
(a)has counter-signed the application or transmitted it to [F397DBS] under section 113A(2A) or 113B(2A),
(b)has informed [F397DBS] that the applicant for the new certificate has not, within such period as may be prescribed, sent a copy of it to a person of such description as may be prescribed, and
(c)no prescribed circumstances apply.
(3)The power under subsection (2)(b) to prescribe a description of person may be exercised to describe the registered person or any other person.
(4)In this section “up-date information” has the same meaning as in section 116A.]
Textual Amendments
F389Ss. 120AC, 120AD inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) for specified purposes) by Protection of Freedoms Act 2012 (c. 9), ss. 79(3), 120 (with s. 97); S.I. 2012/2234, art. 2(r)
F396Words in s. 120AD(1) substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(s) (with Pt. 4)
F397Words in s. 120AD(2) substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(s) (with Pt. 4)
[F398In Scotland a constable engaged on central service (within the meaning of section 38 of the M11Police (Scotland) Act 1967) may perform functions under this Part (other than functions [F399 in relation to the making of regulations or orders]) on behalf of the Secretary of State; and without prejudice to the application of subsection (5) of section 119 in respect of any other person performing functions on behalf of the Secretary of State, that subsection shall apply in respect of any constable performing functions by virtue of this section as the subsection applies in respect of the Secretary of State.]
Textual Amendments
F398S. 121 repealed (S.) (11.1.2008) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), s. 101(2), sch. 4 para. 38 (with ss. 90, 99); S.S.I. 2007/564, art. 2, sch.
F399Words in s. 121 substituted (1.4.2006 for S., 6.4.2006 for E.W.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(4)(e)(8), Sch. 14 para. 10; S.S.I. 2006/166, art. 2(1)(e); S.I. 2006/378, art. 7(c)
Commencement Information
I27S. 121 in force at 1.3.2002 for E.W. by S.I. 2002/413, art. 2
S. 121 in force at 25.4.2002 for S. by S.S.I. 2002/124, art. 4
Marginal Citations
(1)The Secretary of State shall publish, and may from time to time revise, a code of practice in connection with the use of information provided to [F400, or the discharge of any function by,] registered persons under this Part.
[F401(1A)The reference in subsection (1) to the use of information provided to registered persons under this Part includes a reference to the use of information provided in accordance with section 116A(1) to relevant persons (within the meaning of that section) who are not registered persons under this Part.]
(2)The Secretary of State shall lay before Parliament the code of practice under this section as soon as practicable after publication and after revision.
(3)[F402Subsection (3A) applies if [F403the Secretary of State] [F403DBS] thinks that the [F404registered person who countersigned] [F404person who acted as the registered person in relation to] an application for a certificate under section 113A or 113B]—
(a)has failed to comply with the code of practice under this section, or
(b)[F405countersigned] [F405acted as the registered person] at the request of a body which, or individual who, has failed to comply with the code of practice.
[F406(3A)[F407The Secretary of State] [F407DBS] may—
(a)refuse to issue the certificate;
(b)suspend the registration of the person;
(c)cancel the registration of the person.
(3B)Section 120AB applies if [F408the Secretary of State] [F408DBS] proposes to suspend or cancel a person's registration under subsection (3A) above as it applies if [F409he] [F409it] proposes to suspend or cancel a person's registration by virtue of section 120AA.]
Extent Information
E3This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only
Textual Amendments
F400Words in s. 122(1) inserted (E.W.N.I.) (20.1.2009) by Safeguarding Vulnerable Groups Act 2006 (c. 47), ss. 29(2), 65 (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/39, art. 2(1)(d)
F401S. 122(1A) inserted (E.W.) (17.6.2013) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 113 (with s. 97); S.I. 2013/1180, art. 2(e)(iii)
F402Words in s. 122(3) substituted (E.W.N.I.) (20.1.2009) by Safeguarding Vulnerable Groups Act 2006 (c. 47), ss. 29(3), 65 (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/39, art. 2(1)(d)
F403Words in s. 122(3) substituted (E.W.)(1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(t) (with Pt. 4)
F404Words in s. 122(3) substituted (E.W.) (2.3.2009) by The Police Act 1997 (Criminal Records) (Electronic Communications) Order 2009 (S.I. 2009/203), arts. 1(1), 10(a)
F405Words in s. 122(3)(b) substituted (E.W.) (2.3.2009) by The Police Act 1997 (Criminal Records) (Electronic Communications) Order 2009 (S.I. 2009/203), arts. 1(1), 10(b)
F406S. 122(3A)(3B) inserted (E.W.N.I.) (20.1.2009) by Safeguarding Vulnerable Groups Act 2006 (c. 47), ss. 29(4), 65 (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/39, art. 2(1)(d)
F407Words in s. 122(3A) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(t) (with Pt. 4)
F408Words in s. 122(3B) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(t) (with Pt. 4)
F409Word in s. 122(3B) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 46 (with Pt. 4)
Commencement Information
I28S. 122(1)(2) in force at 19.3.2001 for E.W. by S.I. 2001/1097, art. 2(1); s. 122(3) in force at 1.3.2002 for E.W. by S.I. 2002/413, art. 2
S. 122(1)(2) in force at 1.1.2002 for S. by S.S.I. 2001/482, art. 2(1); s. 122(3) in force at 25.4.2002 for S. by S.S.I. 2002/124, art. 4
I29S. 122 in force at 3.12.2007 for N.I. by S.I. 2007/3342, art. 2(f)
(1)The Secretary of State shall publish, and may from time to time revise, a code of practice in connection with the use of information provided to [F586, or the discharge of any function by,] registered persons under this Part.
(2)The Secretary of State shall lay before Parliament the code of practice under this section as soon as practicable after publication and after revision.
(3)The Secretary of State may refuse to issue a certificate under section [F587113A or 113B] [F588, or make a disclosure under section 52 or 53 of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14),] if he believes that the registered person who countersigned the application [F589or, as the case may be, made the declaration in relation to the disclosure request] —
(a)has failed to comply with the code of practice under this section, or
(b)countersigned [F590or, as the case may be, made the declaration] acted as the registered person at the request of a body which, or individual who, has failed to comply with the code of practice.
[F591(4)Where the Scottish Ministers have reason to believe that—
(a)a registered person; or
(b)a body or individual at whose request a registered person
[F592(i)]has countersigned or is likely to countersign an application under section [F593113A or 113B] [F594; or
(ii)has made or is likely to make a declaration in relation to a disclosure request made under section 52 or 53 of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14)]
has failed to comply with the code of practice, they may remove the registered person from the register or impose conditions on him as respects his continuing to be listed in the register.]]
Extent Information
E10This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland only
Textual Amendments
F431Ss. 124A, 124B inserted (S.) (1.4.2006 for the insertion of s. 124A) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 70(8), 89(2); S.S.I. 2006/168, art. 2
F586Words in s. 122(1) inserted (S.) (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 70(7)(a), 89(2); S.S.I. 2003/288, art. 2, sch.
F587Words in s. 122(3) substituted (1.4.2006 for S.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(4)(e)(8), Sch. 14 para. 11; S.S.I. 2006/166, art. 2(1)(e)
F588Words in s. 122(3) inserted (S.) (28.2.2011) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), s. 101(2), sch. 4 para. 39(a)(i) (with ss. 90, 99); S.S.I. 2011/157, art. 2(a) (with art. 4)
F589Words in s. 122(3) inserted (S.) (28.2.2011) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), s. 101(2), sch. 4 para. 39(a)(ii) (with ss. 90, 99); S.S.I. 2011/157, art. 2(a) (with art. 4)
F590Words in s. 122(3) inserted (S.) (28.2.2011) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), s. 101(2), sch. 4 para. 39(a)(iii) (with ss. 90, 99); S.S.I. 2011/157, art. 2(a) (with art. 4)
F591S. 122(4) added (S.) (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 70(7)(b), 89(2); S.S.I. 2003/288, art. 2, sch.
F592S. 122(4)(b)(i): words in s. 122(4)(b) renumbered as s. 122(4)(b)(i) (S.) (28.2.2011) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), s. 101(2), sch. 4 para. 39(b)(i) (with ss. 90, 99); S.S.I. 2011/157, art. 2(a) (with art. 4)
F593Words in s. 122(4)(b) substituted (1.4.2006 for S.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(4)(e)(8), Sch. 14 para. 11; S.S.I. 2006/166
F594S. 122(4)(b)(ii) and word inserted (S.) (28.2.2011) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), s. 101(2), sch. 4 para. 39(b)(ii) (with ss. 90, 99); S.S.I. 2011/157, art. 2(a) (with art. 4)
Commencement Information
I28S. 122(1)(2) in force at 19.3.2001 for E.W. by S.I. 2001/1097, art. 2(1); s. 122(3) in force at 1.3.2002 for E.W. by S.I. 2002/413, art. 2
S. 122(1)(2) in force at 1.1.2002 for S. by S.S.I. 2001/482, art. 2(1); s. 122(3) in force at 25.4.2002 for S. by S.S.I. 2002/124, art. 4
I29S. 122 in force at 3.12.2007 for N.I. by S.I. 2007/3342, art. 2(f)
[F411(1)The Secretary of State may, to such extent and subject to such conditions as he thinks fit, delegate any relevant function of his under this Part to such person as he may determine.
(2)A function is relevant for the purposes of subsection (1) if it does not consist of a power—
(a)to make regulations, or
(b)to publish or revise a code of practice or to lay any such code before Parliament.
(3)A delegation under subsection (1) may be varied or revoked at any time.]]
Textual Amendments
F410S. 122A inserted (29.1.2004 for E.W., 3.12.2007 for N.I.) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 35 para. 10; S.I. 2004/81, art. 4(1)(2)(o)(i); S.I. 2007/3340, art. 2(b)
F411S. 122A omitted (E.W.) (1.12.2012) by virtue of The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 51 (with Pt. 4)
Commencement Information
I30S. 122A in force at 3.12.2007 for N.I. by S.I. 2007/3342, art. 2(g)
(1)The Scottish Ministers may, to such extent and subject to such conditions as they think appropriate, delegate any of their functions under this Part (other than excepted functions) to such person as they may determine.
(2)An excepted function is a function—
(a)relating to the making of regulations or orders;
(b)relating to the publishing or revising of a code of practice;
(c)relating to the laying of a code of practice before the Scottish Parliament;
(d)relating to the determination of an appropriate fee under section 113B(5A) or 119(3); or
(e)under section 125A.
(3)A delegation under subsection (1) may be varied or revoked at any time.
(4)No proceedings are competent against a person performing functions delegated under this section by reason of an inaccuracy in the information made available or provided to the person in accordance with section 119.]
Textual Amendments
F412S. 122B inserted (S.) (11.1.2008) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), s. 101(2), sch. 4 para. 40 (with ss. 90, 99); S.S.I. 2007/564, art. 2, sch.
(1)A person commits an offence if, with intent to deceive, he—
(a)makes a false certificate under this Part,
(b)alters a certificate under this Part,
(c)uses a certificate under this Part which relates to another person in a way which suggests that it relates to himself, or
(d)allows a certificate under this Part which relates to him to be used by another person in a way which suggests that it relates to that other person.
(2)A person commits an offence if he knowingly makes a false statement for the purpose of obtaining, or enabling another person to obtain, a certificate under this Part.
(3)A person who is guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.
Commencement Information
I31S. 123 in force at 1.3.2002 for E.W. by S.I. 2002/413, art. 2
S. 123 in force at 25.4.2002 for S. by S.S.I. 2002/124, art. 4
I32S. 123 in force at 3.12.2007 for N.I. by S.I. 2007/3342, art. 2(h)
(1)A member, officer or employee of a body registered under section 120 commits an offence if he discloses information provided following an application under section [F413113A or 113B] unless he discloses it, in the course of his duties,—
(a)to another member, officer or employee of the registered body,
(b)to a member, officer or employee of a body at the request of which the registered body [F414countersigned] [F414acted as the registered person in relation to] the application, or
(c)to an individual at whose request the registered body [F414countersigned] [F414acted as the registered person in relation to] the relevant application.
(2)Where information is provided under section [F415113A or 113B] following an application [F416countersigned] [F416in relation to which the person who acted as the registered person did so] at the request of a body which is not registered under section 120, a member, officer or employee of the body commits an offence if he discloses the information unless he discloses it, in the course of his duties, to another member, officer or employee of that body.
(3)Where information is provided under section [F417113A or 113B] following an application [F418countersigned by or at the request of an individual] [F418in relation to which an individual acted as the registered person, or in relation to which the person who acted as the registered person did so at the request of an individual]—
(a)the individual commits an offence if he discloses the information unless he discloses it to an employee of his for the purpose of the employee’s duties, and
(b)an employee of the individual commits an offence if he discloses the information unless he discloses it, in the course of his duties, to another employee of the individual.
(4)Where information provided under section [F419113A or 113B] is disclosed to a person and the disclosure—
(a)is an offence under this section, or
(b)would be an offence under this section but for subsection [F420(5) or] (6)(a), (d), (e) or (f),
the person to whom the information is disclosed commits an offence (subject to [F421subsections (5) and (6)] [F421subsection (6)]) if he discloses it to any other person.
(5)[F422Subsections (1) to (4) do not apply to a disclosure of information provided in accordance with section [F423113B(5)] which is made with the written consent of the chief officer who provided the information.]
(6)Subsections (1) to (4) do not apply to a disclosure of information contained in a certificate under section [F424113A or 113B] which is made—
(a)with the written consent of the applicant for the certificate, or
(b)to a government department, or
(c)to a person appointed to an office by virtue of any enactment, or
(d)in accordance with an obligation to provide information under or by virtue of any enactment, or
(e)for the purposes of answering an exempted question (within the meaning of section [F425113A]) of a kind specified in regulations made by the Secretary of State, or
(f)for some other purpose specified in regulations made by the Secretary of State.
(7)A person who is guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 3 on the standard scale, or to both.
Textual Amendments
F413Words in s. 124(1) substituted (1.4.2006 for S., 6.4.2006 for E.W., 3.12.2007 for N.I.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(4)(e)(8), Sch. 14 para. 12(a); S.S.I. 2006/166, art. 2(1)(e); S.I. 2006/378, art. 7(c); S.I. 2007/3341, art. 2(d)
F414Words in s. 124(1)(b)(c) substituted (E.W.) (2.3.2009) by The Police Act 1997 (Criminal Records) (Electronic Communications) Order 2009 (S.I. 2009/203), arts. 1(1), 11(2)
F415Words in s. 124(2) substituted (1.4.2006 for S., 6.4.2006 for E.W., 3.12.2007 for N.I.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(4)(e)(8), Sch. 14 para. 12(a); S.S.I. 2006/166, art. 2(1)(e); S.I. 2006/378, art. 7(c); S.I. 2007/3341, art. 2(d)
F416Words in s. 124(2) substituted (E.W.) (2.3.2009) by The Police Act 1997 (Criminal Records) (Electronic Communications) Order 2009 (S.I. 2009/203), arts. 1(1), 11(3)
F417Words in s. 124(3) substituted (1.4.2006 for S., 6.4.2006 for E.W., 3.12.2007 for N.I.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(4)(e)(8), Sch. 14 para. 12(a); S.S.I. 2006/166, art. 2(1)(e); S.I. 2006/378, art. 7(c); S.I. 2007/3341, art. 2(d)
F418Words in s. 124(3) substituted (E.W.) (2.3.2009) by The Police Act 1997 (Criminal Records) (Electronic Communications) Order 2009 (S.I. 2009/203), arts. 1(1), 11(4)
F419Words in s. 124(4) substituted (1.4.2006 for S., 6.4.2006 for E.W., 3.12.2007 for N.I.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(4)(e)(8), Sch. 14 para. 12(a); S.S.I. 2006/166, art. 2(1)(e); S.I. 2006/378, art. 7(c); S.I. 2007/3341, art. 2(d)
F420Words in s. 124(4)(b) repealed (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 115(2)(a), Sch. 10 Pt. 6 (with s. 97); S.I. 2012/2234, art. 2(aa)(cc)(x)
F421Words in s. 124(4)(b) substituted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 115(2)(b) (with s. 97); S.I. 2012/2234, art. 2(aa)(x)
F422S. 124(5) repealed (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 115(3), Sch. 10 Pt. 6 (with s. 97); S.I. 2012/2234, art. 2(aa)(cc)(x)
F423Word in s. 124(5) substituted (1.4.2006 for S., 6.4.2006 for E.W., 3.12.2007 for N.I.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(4)(e)(8), Sch. 14 para. 12(b); S.S.I. 2006/166, art. 2(1)(e); S.I. 2006/378, art. 7(c); S.I. 2007/3341, art. 2(d)
F424Words in s. 124(6) substituted (1.4.2006 for S., 6.4.2006 for E.W., 3.12.2007 for N.I.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(4)(e)(8), Sch. 14 para. 12(a); S.S.I. 2006/166, art. 2(1)(e); S.I. 2006/378, art. 7(c); S.I. 2007/3341, art. 2(d)
F425Word in s. 124(6)(e) substituted (1.4.2006 for S., 6.4.2006 for E.W., 3.12.2007 for N.I.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(4)(e)(8), Sch. 14 para. 12(c); S.S.I. 2006/166, art. 2(1)(e); S.I. 2006/378, art. 7(c); S.I. 2007/3341, art. 2(d)
Commencement Information
I33S. 124 in force at 1.3.2002 for E.W. by S.I. 2002/413, art. 2
S. 124 in force at 25.4.2002 for S. by S.S.I. 2002/124, art. 4
I34S. 124 in force at 3.12.2007 for N.I. by S.I. 2007/3342, art. 2(i)
(1)Any person who is engaged in the discharge of functions conferred by this Part on [F427the Secretary of State] [F427DBS] commits an offence if he discloses information which has been obtained by him in connection with those functions and which relates to a particular person unless he discloses the information, in the course of his duties,—
(a)to another person engaged in the discharge of those functions,
(b)to the chief officer of a police force in connection with a request under this Part to provide information to [F427the Secretary of State] [F427DBS], or
(c)to an applicant F428... who is entitled under this Part to the information disclosed to him.
(2)Where information is disclosed to a person and the disclosure—
(a)is an offence under subsection (1), or
(b)would be an offence under subsection (1) but for subsection (3)(a), (d) or (e),
the person to whom the information is disclosed commits an offence if he discloses it to any other person.
(3)Subsection (1) does not apply to a disclosure of information which is made—
(a)with the written consent of the person to whom the information relates,
(b)to a government department,
(c)to a person appointed to an office by virtue of any enactment,
(d)in accordance with an obligation to provide information under or by virtue of any enactment, or
(e)for some other purpose specified in regulations made by the Secretary of State.
(4)A person who is guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 3 on the standard scale, or to both.
(5)In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003, the reference in subsection (4) to 51 weeks is to be read as a reference to 6 months.
[F429(6)For the purposes of this section the reference to a police force includes any body mentioned in subsections (10)(a) to (i) and (11) of section 113B and the reference to a chief officer must be construed accordingly.]
[F430(6A)For the purposes of this section the reference to an applicant includes a person who makes a request under section 116A(1), 120AC(1) or 120AD(2).]]
Extent Information
E4This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only
Textual Amendments
F426S. 124A inserted (29.1.2004 for E.W., 3.12.2007 for N.I.) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 35 para. 11; S.I. 2004/81, art. 4(1)(2)(o)(i); S.I. 2007/3340, art. 2(b)
F427Words in s. 124A(1) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(u) (with Pt. 4)
F428Words in s. 124A(1)(c) repealed (E.W.) (17.6.2013) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 116(2), Sch. 10 Pt. 6 (with s. 97); S.I. 2013/1180, art. 2(f)
F429S. 124A(6) inserted (6.4.2006 for E.W., 3.12.2007 for N.I.) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 165(3), 178(4)(d)(8); S.I. 2006/378, art. 7(d); S.I. 2007/3341, art. 2(b)
F430S. 124A(6A) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 116(3) (with s. 97); S.I. 2012/2234, art. 2(aa)(xi)
Commencement Information
I35S. 124A in force at 3.12.2007 for N.I. by S.I. 2007/3342, art. 2(j)
(1)Where the Scottish Ministers decide to refuse to include a person in the register maintained for the purposes of this Part or, other than by virtue of section 120(3)(b), to remove him from that register they shall notify him in writing of that decision and of their reason for so deciding and shall send a copy of that notification to the Secretary of State.
(2)If the person considers that the information upon which the decision was based may have been inaccurate he may, by written notice to the Scottish Ministers setting out his reason for so considering, require them to review the decision; and they shall notify him in writing of the results of their review and of any consequential change in the decision and shall send a copy of—
(a)the notice; and
(b)the notification,
to the Secretary of State.
(3)Any notification given by the Scottish Ministers under subsection (1) or (2) shall include information as to the provisions of any regulations made under section 120(3)(ac).
(4)The Scottish Ministers may, for the purposes of this section, make regulations as to procedure; and such regulations may, in particular, make provision in relation to—
(a)information to be included in any notification under subsection (1) or (2); and
(b)the period within which—
(i)a requirement may be made under subsection (2); or
(ii)a decision under subsection (1) is to be implemented.]
Extent Information
E11This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
Textual Amendments
F431Ss. 124A, 124B inserted (S.) (1.4.2006 for the insertion of s. 124A) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 70(8), 89(2); S.S.I. 2006/168, art. 2
(1)The Scottish Ministers shall maintain an annotated list for the purposes of this Part and shall include in that list all persons to whom a criminal record certificate, or as the case may be an enhanced criminal record certificate, has been issued under any of sections 113 to 116 of this Act.
(2)The Scottish Ministers may make regulations about the maintenance of the list; and such regulations may, in particular, provide for—
(a)the information to be included in the list;
(b)the details to be provided, for the purposes of this section, by persons applying to be issued a criminal record certificate or enhanced criminal record certificate or countersigning any such application;
(c)the procedure to be followed as respects the exercise of such discretion as is afforded them by subsection (3).
(3)The Scottish Ministers may, as respects a person included in the list, if they are satisfied that it is appropriate to do so, notify the registered person who countersigned his application for the certificate in question (or on whose behalf that application was countersigned) or whomever else made the requisite statement which accompanied that application, about any relevant matter relating to the listed person (“relevant matter” having the same meaning as in section 113(5)) of which they become aware after issuing that certificate.
(4)The Scottish Ministers are not to be satisfied as is mentioned in subsection (3) unless they are satisfied that the exempted question for the purpose of which the certificate was required remains relevant for the person to whom notification would, under that subsection, be given.
(5)Regulations under paragraph (c) of subsection (2)—
(a)shall provide for there to be an opportunity for a listed person to make representations as respects whether the Scottish Ministers should be satisfied as is mentioned in subsection (3) and require them to have regard to those representations before giving notification under that subsection; and
(b)may require the person who would receive that notification (not being a person who is a Minister of the Crown) to provide them with such information as is in his possession and to which it would be appropriate for them to have regard as respects the exercise of the discretion mentioned in that paragraph.]
Textual Amendments
F431Ss. 124A, 124B inserted (S.) (1.4.2006 for the insertion of s. 124A) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 70(8), 89(2); S.S.I. 2006/168, art. 2
(1)Anything authorised or required by any provision of this Part to be prescribed shall be prescribed by regulations made by the Secretary of State.
(2)Regulations under this Part shall be made by statutory instrument.
F432(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)A statutory instrument F433... shall be subject to annulment pursuant to a resolution of either House of Parliament.
(5)Regulations under this Part may make different provision for different cases.
[F434(6)If the power mentioned in subsection (1) is exercised by the Scottish Ministers, the reference in [F435subsection (3)][F435subsection (4)] to each House of Parliament must be construed as a reference to the Scottish Parliament.]
Textual Amendments
F432S. 125(3) repealed (1.4.2006 for S.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 17 Pt. 2; S.S.I. 2006/166, art. 2(1)(d); and repealed (6.4.2006 for E.W., 3.12.2007 for N.I.) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 35 para. 12(a), Sch. 37 Pt. 11; S.I. 2006/751, art. 2(c)(d)(i)(ii); S.I. 2007/3340, art. 2(b)
F433Words in s. 125(4) repealed (1.4.2006 for S.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 17 Pt. 2; S.S.I. 2006/166, art. 2(1)(d); and repealed (6.4.2006 for E.W., 3.12.2007 for N.I.) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 35 para. 12(b), Sch. 37 Pt. 11; S.I. 2006/751, art. 2(c)(d)(i)(ii); S.I. 2007/3340, art. 2(b)
F434S. 125(6) added (1.4.2006 for S., 6.4.2006 for E.W., 3.12.2007 for N.I.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(4)(e)(8), Sch. 14 para. 14; S.S.I. 2006/166, art. 2(1)(e); S.I. 2006/378, art. 7(c); S.I. 2007/3341, art. 2(d)
F435Words in s. 125(6) substituted (E.W.) (1.1.2006) by The Serious Organised Crime and Police Act 2005 (Amendment) Order 2005 (S.I. 2005/3496), arts. 1(1), 6(2)
Commencement Information
I36S. 125 in force at 19.3.2001 for E.W. by S.I. 2001/1097, art. 2(1)
S. 125 in force at 1.1.2002 for S. by S.S.I. 2001/482, art. 2(1)
I37S. 125 in force at 3.12.2007 for N.I. by S.I. 2007/3342, art. 2(k)
(1)It is for the Scottish Ministers to determine the form and manner in which applications must be made for the purposes of sections 112(1)(a), 113A(1)(a), 113B(1)(a), 114(1)(a), 116(1)(a), 117(1), and 120(2).
(2)The Scottish Ministers may, in particular, determine that such applications may be made in electronic form (and may be signed or countersigned electronically).
(3)The Scottish Ministers need not consider any such application unless it is made in the form and manner determined by them (or in a form and manner as close to that as circumstances permit).]
Textual Amendments
F436S. 125A inserted (S.) (11.1.2008) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), ss. 79(3), 101(2) (with ss. 90, 99); S.S.I. 2007/564, art. 2, sch.
(1)[F438The Secretary of State] [F438DBS] may determine the form, manner and contents of an application for the purposes of any provision of this Part.
(2)A determination may, in particular, impose requirements about the form or manner in which an electronic application is to be signed or countersigned.
[F439(3)In this section “application” includes a request under section 116A(1), 120AC(1) or 120AD(2).]]
Textual Amendments
F437S. 125B inserted (E.W.N.I.) (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 97(1), 116(1); S.I. 2010/125, art. 2(n)
F438Words in s. 125B(1) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(v) (with Pt. 4)
F439S. 125B(3) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 117 (with s. 97); S.I. 2012/2234, art. 2(aa)(xii)
(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 [F440but does not include any documents issued in response to—
a request under section 116A(1),
an application as mentioned in section 116A(4)(a) or (5)(a), or
a request under section 120AC or 120AD];
“chief officer” means—
[F443“DBS” means the Disclosure and Barring Service established by section 87(1) of the Protection of Freedoms Act 2012;]
“government department” includes a Northern Ireland department;
“Minister of the Crown” includes a Northern Ireland department;
[F444“office-holder in the Scottish Administration” has the same meaning as in the Scotland Act 1998 (c. 46);]
“police authority” means—
“police force” means—
“prescribed” shall be construed in accordance with section 125(1).
(2)In the application of this Part to Northern Ireland, a reference to the M12Rehabilitation of Offenders Act 1974, or to a provision of that Act, shall be construed as a reference to the M13Rehabilitation of Offenders (Northern Ireland) Order 1978 or, as the case may be, to the corresponding provision of that order.
[F447(3)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.]
[F448(3)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).]
Textual Amendments
F440Words in s. 126(1) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) for specified purposes, 17.6.2013 in so far as not already in force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 118 (with s. 97); S.I. 2012/2234, art. 2(aa)(xiii); S.I. 2013/1180, art. 2(e)(iv)
F441Words in s. 126 substituted (E.W.N.I.) (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 1 para. 6(7)(a); and (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 14(8)(a); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F442Words in s. 126(1) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 20(2)(a)(b); S.R. 2001/396, art. 2, Sch.
F443Words in s. 126(1) inserted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 47 (with Pt. 4)
F444Words in s. 126(1) inserted (S.) (28.2.2011) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), s. 101(2), sch. 4 para. 41 (with ss. 90, 99); S.S.I. 2011/157, art. 2(a) (with art. 3)
F445Words in s. 126(1) substituted (E.W.N.I.) (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 1 para. 6(7)(b); and (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 14(8)(b); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F446Words in s. 126(1) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 20(3); S.R. 2001/396, art. 2, Sch.
F447S. 126(3) added (N.I.) (12.10.2009) by The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351), art. 1(3), Sch. 7 para. 3 (with arts. 2(4), 53, 57(3), 61(4)); S.R. 2009/304, art. 3(a)
F448S. 126(3)(4) inserted (1.7.2005 for S., 1.7.2005 for E.W., 3.12.2007 for N.I.) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 166(2), 178(4)(d)(8); S.S.I. 2005/358, art. 2(d); S.I. 2005/1521, art. 3(3)(c); S.I. 2007/3341, art. 2(c)
Commencement Information
I38S. 126 in force at 1.3.2002 for E.W. by S.I. 2002/413, art. 2
S. 126 in force at 25.4.2002 for S. by S.S.I. 2002/124, art. 4
I39S. 126 in force at 3.12.2007 for N.I. by S.I. 2007/3342, art. 2(l)
Marginal Citations
(1)This Part applies to Northern Ireland subject to the following modifications.
(2)Any reference to the Secretary of State, except in—
(a)section 118(2A)(d),
(b)[F450section 119(1), (3), (5) and (8),]
(c)section 119B(2), (4) and (4A), and
(d)section 122A as it applies to a function of the Secretary of State under [F451section 119 or] 119B(2), (4) or (4A),
shall be construed as a reference to the Department of Justice in Northern Ireland.
(3)[F452Section 119 has effect subject to the following modifications—
(a)in subsection (1), in relation to a relevant function within subsection (8)(a) or (b), any reference to the Secretary of State shall be construed as a reference to the Department of Justice in Northern Ireland;
(b)in subsection (3), except in relation to a request for the purposes of the provision of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 that corresponds to section 24 of the Safeguarding Vulnerable Groups Act 2006, any reference to the Secretary of State shall be construed as a reference to the Department of Justice in Northern Ireland;
(c)subsections (5) and (8) have effect as if any reference to the Secretary of State included a reference to the Department of Justice in Northern Ireland.]
(4)The following provisions shall not have effect—
(a)section 113A(8);
(b)in section 113BC—
(i)in subsection (1) the words “made by statutory instrument”;
(ii)subsection (2);
(c)in section 120A—
(i)in subsection (7) the words “made by statutory instrument”;
(ii)subsection (8);
(d)section 125(2), (4) and (6).
(5)In section 122 any reference to Parliament shall be construed as a reference to the Northern Ireland Assembly.
(6)In relation to the delegation of any function of the Department of Justice, any reference in section 122A to Parliament shall be construed as a reference to the Northern Ireland Assembly.
(7)Any power of the Department of Justice under this Part to make orders or regulations shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.
(8)No order shall be made by the Department of Justice under section 113A(7) unless a draft of it has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
(9)Any other order or regulations made under this Part by the Department of Justice shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).
(10)Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of this Part in relation to the laying of anything before the Northern Ireland Assembly as it applies in relation to the laying of a statutory document under an enactment.]
Textual Amendments
F449S. 126A inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 14 para. 38 (with arts. 28-31)
F450S. 126A(2)(b) omitted (E.W.) (1.12.2012) by virtue of The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 53(a) (with Pt. 4)
F451Words in s. 126A(2)(d) omitted (E.W.) (1.12.2012) by virtue of The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 53(b) (with Pt. 4)
F452S. 126A(3) omitted (E.W.) (1.12.2012) by virtue of The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 53(a) (with Pt. 4)
Nothing in sections 112 to 119 shall be taken to prejudice any power which exists apart from this Act to disclose information or to make records available.
Commencement Information
I40S. 127 in force at 1.3.2002 for E.W. by S.I. 2002/413, art. 2
S. 127 in force at 25.4.2002 for S. by S.S.I. 2002/124, art. 4
I41S. 127 in force at 3.12.2007 for N.I. by S.I. 2007/3342, art. 2(m)
(1)In section 51 of the M14Police Act 1996 (regulations for special constables), after subsection (3) there shall be inserted—
“(3A)In relation to any matter as to which provision may be made by regulations under this section, the regulations may—
(a)authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, police authorities, chief officers of police or other persons, or
(b)authorise or require the delegation by any person of functions conferred on that person by or under the regulations.”.
(2)In section 52 of that Act (regulations for police cadets) after subsection (1) there shall be inserted—
“(1A)In relation to any matter as to which provision may be made by regulations under this section, the regulations may—
(a)authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, police authorities, chief officers of police or other persons, or
(b)authorise or require the delegation by any person of functions conferred on that person by or under the regulations.”.
Marginal Citations
In Schedule 1 to the Police Act 1996 (police areas for England and Wales except London)—
(a)in the entry in the first column for “Humberside” there shall be substituted “ Humber ”;
(b)in the entry in the second column opposite the name of the Dyfed Powys police area for “Cardiganshire” there shall be substituted “ Ceredigion ”;
(c)for the entry in that column opposite the name of the North Wales police area there shall be substituted—
“The counties of the Isle of Anglesey, Gwynedd, Denbighshire and Flintshire and the county boroughs of Conwy and Wrexham.”; |
(d)in the entry in that column opposite the name of the South Wales police area for “Neath and Port Talbot” there shall be substituted “ Neath Port Talbot ”.
Commencement Information
I42S. 129 partly in force; S. 129 not in force at Royal Assent see s. 135; s.129(b)(c) and (d) in force (25.6.1997) by S.I. 1997/1377, art. 2
Textual Amendments
F453S. 130 repealed (1.4.1999) by 1998 c. 32, ss. 74(2)(3), Sch. 6 (with Sch. 5 para. 1); S.R. 1999/176, art. 3
Textual Amendments
F454S. 131 repealed (1.4.1999) by 1998 c. 32, ss. 74(2)(3), Sch. 6 (with Sch. 5 para. 1); S.R. 1999/176, art. 3
Textual Amendments
F455S. 132 repealed (1.4.1999) by 1998 c. 32, ss. 74(2)(3), Sch. 6 (with Sch. 5 para. 1); S.R. 1999/176, art. 3
Prospective
The following provisions (which restrict the effect of the M15Rehabilitation of Offenders Act 1974 and the M16Rehabilitation of Offenders (Northern Ireland) Order 1978) shall cease to have effect—
(a)section 189 of, and Schedule 14 to, the M17Financial Services Act 1986;
(b)section 95 of the M18Banking Act 1987;
(c)section 39 of the M19Osteopaths Act 1993;
(d)section 19 of the M20National Lottery etc. Act 1993;
(e)section 40 of the M21Chiropractors Act 1994.
Marginal Citations
Section 81(5) of the Regulation of Investigatory Powers Act 2000 (meaning of “prevention” and “detection”) shall apply for the purposes of this Act as it applies for the purposes of the provisions of that Act not contained in Chapter I of Part I.]
Textual Amendments
F456S. 133A inserted (25.9.2000) by 2000 c. 23, s. 82(1), Sch. 4 para. 8(13) (with s. 82(3)); S.I. 2000/2543, art. 2
(1)Schedule 9 (minor and consequential amendments) shall have effect.
(2)The enactments mentioned in Schedule 10 are hereby repealed to the extent specified in the third column of that Schedule.
Commencement Information
I43S. 134 partly in force; s. 134 not in force at Royal Assent, see s. 135(1); s. 134 in force for certain purposes at: 23.7.1997 by S.I. 1997/1377, art. 4(2)(o); 1.9.1997 by S.I. 1997/1930, art. 2(2)(w); 31.10.1997 by S.I. 1997/2390, art. 2 (with arts. 3-7 (of which arts. 4-7 were revoked (1.4.1998) by S.I. 1998/354, art. 7)); 1.4.1998 by S.I. 1998/354, art. 2; 1.3.2002 for E.W. by S.I. 2002/413, art. 2
(1)The preceding provisions of this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint.
(2)An order under this section may—
(a)appoint different days for different purposes or different areas, and
(b)make transitional provision and savings (including provision modifying this Act).
(3)An order under this section may, in relation to Part I, II or IV make provision—
(a)for the transfer and apportionment of property and for the transfer, apportionment and creation of rights and liabilities;
(b)for the transfer of members of police forces in Great Britain, members of the [F457Police Service of Northern Ireland] and other persons;
(c)for the Secretary of State, or any other person nominated by or in accordance with the order, to determine any matter requiring determination under or in consequence of the order;
(d)as to the payment of fees charged, or expenses incurred, by any person nominated to determine any matter by virtue of paragraph (c).
(4)Any day appointed by an order under this section for the coming into force of section 93, 94 or 95 of this Act shall not be earlier than the day on which a code of practice issued under section 101 comes into operation.
(5)A statutory instrument containing provisions made by virtue of subsection (2)(b) or (3) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Subordinate Legislation Made
P1S. 135 power partly exercised: different dates appointed for specified provisions by S.I. 1997/1377
S. 135 power partly exercised: 22.2.1999 appointed for specified provisions by S.I. 1999/151, art. 2
S. 135 power partly exercised: different dates appointed for specified provisions by S.S.I. 2001/482, art. 2
S. 135 power partly exercised: 1.3.2002 appointed for specified provisions by {S.I. 2002/413}, art. 2
P2S. 135(1)(2)(a) power partly exercised: different dates appointed for specified provisions by {S.S.I. 2002/124}, arts. 3-5
Textual Amendments
F457Words in s. 135(3)(b) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 20(2)(b); S.R. 2001/396, art. 2, Sch.
It shall be the duty of police authorities for areas in Great Britain, and the [F458Northern Ireland Policing Board], and their staff to co-operate with each other, and generally to exercise their functions, so as to facilitate the implementation of Parts I and II of this Act and any transfer of property or staff made by an order under section 135.
Textual Amendments
F458Words in s. 136 substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 20(3); S.R. 2001/396, art. 2, Sch.
(1)Subject to subsections (2) to (4), this Act extends throughout the United Kingdom.
(2)The following provisions of this Act extend to England and Wales only—
(a)Part II;
F459(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F460(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F461(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e)sections 128 and 129.
F462(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)The amendments in Schedules 6 and 9, and the repeals in Schedule 10, have the same extent as the enactments to which they refer.
Textual Amendments
F459S. 137(2)(b) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 105, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd)
F460S. 137(2)(c) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 105, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd)
F461S. 137(2)(d) repealed (1.8.2001) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2001/2223, art. 3(j)(l)(ii)
F462S. 137(3) repealed (1.4.1999) by 1998 c. 32, ss. 74(2)(3), Sch. 6 (with Sch. 5 para. 1); S.R. 1999/176, art. 3
This Act may be cited as the Police Act 1997.
Sections 1(7) and 47(7).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F463Schs. 1-2A repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 106, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(dd)
Sections 1(7) and 47(7).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 17(6).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F464Sch. 3 (paras. 1-5) repealed (1.8.2001) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2001/2223, art. 3(j)(l)(ii)
Section 44(1).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F469Sch. 4 repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)
Section 62(6).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F470Sch. 5 (paras. 1-5) repealed (1.8.2001) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2001/2323, art. 3(l)(ii)
Section 88.
1U.K.F475. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F475Sch. 6 para. 1 repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4); and that same provision expressed to be repealed by 2000 c. 22, ss. 107(2), 108(3)(c)(vii), Sch. 6
2U.K.F476. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F476Sch. 6 para. 2 repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4); and that same provision expressed to be repealed by 2000 c. 22, ss. 107(2), 108(3)(c)(vii), Sch. 6
3U.K.F477. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F477Sch. 6 (other than paras. 5(1)(2), 6(1)(2)(3)(a)(c), 7, 29) repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)
4U.K.F478. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F478Sch. 6 (other than paras. 5(1)(2), 6(1)(2)(3)(a)(c), 7, 29) repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)
5(1)Section 107 (application to police authorities of provisions relating to the discharge of functions by local authorities) shall be amended as follows.U.K.
(2)In subsection (7) for “(a) and (b)” there shall be substituted “ (a), (aa) and (b) ”.
(3)F479. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F479Sch. 6 (other than paras. 5(1)(2), 6(1)(2)(3)(a)(c), 7, 29) repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)
6(1)Section 146A (application to police authorities of miscellaneous powers of local authorities) shall be amended as follows.U.K.
(2)In subsection (1)—
(a)for “subsection (1A)” there shall be substituted “ subsections (1A) and (1AA) ”, and
(b)for “shall be” there shall be substituted “ and the Service Authority for the National Crime Squad shall each be ”.
(3)In subsection (1A)—
(a)for “A” there shall be substituted “ Neither a ”,
(b)F480. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)the word “not” shall be omitted.
(4)F480. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F480Sch. 6 (other than paras. 5(1)(2), 6(1)(2)(3)(a)(c), 7, 29) repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)
Commencement Information
I44Sch. 6 para. 6 wholly in force at 31.10.1997; Sch. 6 para. 6 not in force at Royal Assent, see s. 135; Sch. 6 para. 6 in force at 31.10.1997 by S.I. 1997/2390, art. 2 (with arts. 3-7 (of which arts. 4-7 were revoked (1.4.1998) by S.I. 1998/354, art. 7))
7U.K.In section 223 (appearance of local authorities in legal proceedings), in subsection (2), after “1996” there shall be inserted “ and the Service Authority for the National Crime Squad ”.
8U.K.F481. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F481Sch. 6 (other than paras. 5(1)(2), 6(1)(2)(3)(a)(c), 7, 29) repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)
9U.K.F482. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F482Sch. 6 (other than paras. 5(1)(2), 6(1)(2)(3)(a)(c), 7, 29) repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)
10U.K.F483. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F483Sch. 6 (other than paras. 5(1)(2), 6(1)(2)(3)(a)(c), 7, 29) repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)
11U.K.F484. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F484Sch. 6 (other than paras. 5(1)(2), 6(1)(2)(3)(a)(c), 7, 29) repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)
12U.K.F485. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F485Sch. 6 (other than paras. 5(1)(2), 6(1)(2)(3)(a)(c), 7, 29) repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)
13U.K.F486. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F486Sch. 6 (other than paras. 5(1)(2), 6(1)(2)(3)(a)(c), 7, 29) repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)
14U.K.F487. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F487Sch. 6 (other than paras. 5(1)(2), 6(1)(2)(3)(a)(c), 7, 29) repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)
15U.K.F488. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F488Sch. 6 (other than paras. 5(1)(2), 6(1)(2)(3)(a)(c), 7, 29) repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)
16U.K.F489. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F489Sch. 6 (other than paras. 5(1)(2), 6(1)(2)(3)(a)(c), 7, 29) repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)
17U.K.F490. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F490Sch. 6 (other than paras. 5(1)(2), 6(1)(2)(3)(a)(c), 7, 29) repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)
18U.K.F491. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F491Sch. 6 (other than paras. 5(1)(2), 6(1)(2)(3)(a)(c), 7, 29) repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)
F49219U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F492Sch. 6 para. 19 repealed (11.9.1998 for E.W., 1.4.2002 otherwise) by 1998 c. 18, ss. 54(3), 55(2), Sch. 5 and 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)
F49320U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F493Sch. 6 para. 20 repealed (11.9.1998 for E.W., 1.4.2002 otherwise) by 1998 c. 18, ss. 54(3), 55(2), Sch. 5 and 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)
F49421U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F494Sch. 6 para. 21 repealed (11.9.1998 for E.W., 1.4.2002 otherwise) by 1998 c. 18, ss. 54(3), 55(2), Sch. 5 and 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)
F49522U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F495Sch. 6 para. 22 repealed (11.9.1998 for E.W., 1.4.2002 otherwise) by 1998 c. 18, ss. 54(3), 55(2), Sch. 5 and 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)
23U.K.F496. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F496Sch. 6 (other than paras. 5(1)(2), 6(1)(2)(3)(a)(c), 7, 29) repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)
24U.K.F497. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F497Sch. 6 (other than paras. 5(1)(2), 6(1)(2)(3)(a)(c), 7, 29) repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)
Prospective
25U.K.F498. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F498Sch. 6 (other than paras. 5(1)(2), 6(1)(2)(3)(a)(c), 7, 29) repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)
26U.K.F499. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F499Sch. 6 (other than paras. 5(1)(2), 6(1)(2)(3)(a)(c), 7, 29) repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)
27U.K.F500. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F500Sch. 6 (other than paras. 5(1)(2), 6(1)(2)(3)(a)(c), 7, 29) repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)
28U.K.F501. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F501Sch. 6 (other than paras. 5(1)(2), 6(1)(2)(3)(a)(c), 7, 29) repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)
29U.K.In section 21 of the Local Government and Housing Act 1989, in subsection (1) (definition of local authority for purposes of various provisions relating to their members, officers, staff and committees etc.), in paragraph (g), after “1996” there shall be inserted “ or the Service Authority for the National Crime Squad ”.
Commencement Information
I45Sch. 6 para. 29 wholly in force at 31.10.1997; Sch. 6 para. 29 not in force at Royal Assent, see s. 135; Sch. 6 para. 29 in force at 31.10.1997 by S.I. 1997/2390, art. 2 (with arts. 3-7 (of which arts. 4-7 were revoked (1.4.1998) by S.I. 1998/354, art. 7))
30U.K.F502. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F502Sch. 6 (other than paras. 5(1)(2), 6(1)(2)(3)(a)(c), 7, 29) repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)
31U.K.F503. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F503Sch. 6 (other than paras. 5(1)(2), 6(1)(2)(3)(a)(c), 7, 29) repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)
32U.K.F504. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F504Sch. 6 (other than paras. 5(1)(2), 6(1)(2)(3)(a)(c), 7, 29) repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F505Sch. 7 repealed (25.9.2000) by 2000 c. 23, ss. 70(2)(c), 82(2), Sch. 5 (with s. 82(3)); S.I. 2000/2543, art. 2 (and by art. 6(1) of that S.I. the repeal is expressed to be brought into force at 2.10.2000 subject to the provisions of art. 6(2)-(5))
Section 109(2).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F507Sch. 8 repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 15 Pt. 1(A); S.I. 2007/709, art. 3(q) (with art. 6)
Section 134(1).
Extent Information
E5The amendments in Sch. 9 have the same extent as the enactments to which they refer
F5081U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F508Sch. 9 para. 1 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. para. 13(dd)
F5092U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F509Sch. 9 para. 2 repealed (14.11.2005) by Civil Contingencies Act 2004 (c. 36), s. 34(1), Sch. 3; S.I. 2005/2040, art. 3(r)
3U.K.In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part II of the Table at the end of paragraph 3 there shall be inserted at the appropriate place—
“Police Information Technology Organisation”.
F5104U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F510Sch. 9 paras. 4-6 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. para. 13(dd)
F5105U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F510Sch. 9 paras. 4-6 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. para. 13(dd)
F5106U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F510Sch. 9 paras. 4-6 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. para. 13(dd)
F5117U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F511Sch. 9 para. 7 repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 15 Pt. 1(A); S.I. 2007/709, art. 3(q) (with art. 6)
8U.K.The Police (Scotland) Act 1967 shall be amended as follows.
9U.K.In section 27(3) (regulations as to police cadets), after “(1A),” there shall be inserted “ (2B), ”.
10U.K.At the end of section 28 (regulations as to standards of equipment) (which becomes subsection (1)) F512...
Textual Amendments
F512Words in Sch. 9 para. 10 repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 15 Pt. 1(A); S.I. 2007/709, art. 3(q) (with art. 6)
F51311U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F513Sch. 9 para. 11 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. para. 13(dd)
F51412U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F514Sch. 9 para. 12 repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 15 Pt. 1(A); S.I. 2007/709, art. 3(q) (with art. 6)
13U.K.In section 38 (constables engaged on central service and certain temporary service), in subsection (3A), after “service” there shall be inserted “ , or on temporary service such as is mentioned in paragraph (ba) or (bb) of the said section 38A(1), ”.
Commencement Information
I46Sch. 9 para. 13 wholly in force at 31.10.1997; Sch. 9 para. 13 not in force at Royal Assent see s. 135; Sch. 9 para. 13 in force at 31.10.1997 by S.I. 1997/2390, art. 2 (with arts. 3-7(but the said arts. 4-7 were revoked (1.4.1998) by S.I. 1998/354, art. 7))
14U.K.In section 38A (constables engaged on service outside their force)—
F515(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F516(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F515Sch. 9 para. 14(a) repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 15 Pt. 1(A); S.I. 2007/709, art. 3(q) (with art. 6)
F516Sch. 9 para. 14(b) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. para. 13(dd)
Commencement Information
I47Sch. 9 para. 14 wholly in force at 31.10.1997; Sch. 9 para. 14 not in force at Royal Assent see s. 135; Sch. 9 para. 14 in force at 31.10.1997 by S.I. 1997/2390, art. 2 (with arts. 3-7(but the said arts. 4-7 were revoked (1.4.1998) by S.I. 1998/354, art. 7))
F51715U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F517Sch. 9 para. 15 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. para. 13(dd)
F51816U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F518Sch. 9 para. 16 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. para. 13(dd)
F51917U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F519Sch. 9 para. 17 repealed (14.11.2005) by Civil Contingencies Act 2004 (c. 36), s. 34(1), Sch. 3; S.I. 2005/2040, art. 3(r)
18U.K.In section 54 of the Firearms Act 1968 (application of Act to Crown servants), in subsection (3) (which provides that members of police forces and certain employees of police authorities are deemed to be in the service of Her Majesty), at the end of paragraph (b) there shall be inserted “, or
(c)a member of the National Criminal Intelligence Service or the National Crime Squad.”.
F52019U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F520Sch. 9 para. 19 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2
F52120U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F521Sch. 9 para. 20 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. para. 13(dd)
F52221N.I.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F522Sch. 9 para. 21 repealed (1.4.1999) by 1998 c. 32, ss. 74(2)(3), Sch. 6 (with Sch. 5 para. 1); S.R. 1999/176, art. 3
F52322N.I.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F523Sch. 9 para. 22 repealed (1.4.1999) by 1998 c. 32, ss. 74(2)(3), Sch. 6 (with Sch. 5 para. 1); S.R. 1999/176, art. 3
23U.K.F524. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F524Sch. 9 para. 23 repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)
F52524U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F525Sch. 9 para. 24 repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 15 Pt. 1(A); S.I. 2007/709, art. 3(q) (with art. 6)
25U.K.F526. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F526Sch. 9 para. 25 repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)
F52726U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F527Sch. 9 para. 26 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. para. 13(dd)
F52827U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F528Sch. 9 para. 27 repealed (5.4.2004) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 10; S.I. 2004/829, art. 2(1)(2)(l)(iv)
28U.K.In subsection (2) of section 12 of the District Courts (Scotland) Act 1975 (disqualification in certain cases of justices who are members of local authorities), the following shall be inserted as the first paragraph—
“(aa)any reference to a local authority includes a reference to the Service Authority for the National Criminal Intelligence Service;”.
29F529(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
F530(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F531(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F529Sch. 9 para. 29(1) repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 15 Pt. 1(A); S.I. 2007/709, art. 3(q) (with art. 6)
F530Sch. 9 para. 29(2) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. para. 13(dd)
F531Sch. 9 para. 29(3) repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 15 Pt. 1(A); S.I. 2007/709, art. 3(q) (with art. 6)
Commencement Information
I48Sch. 9 para. 29 wholly in force at 1.4.1998; Sch. 9 para. 29 not in force at Royal Assent see s. 135; Sch. 9 para. 29(3), in force at 1.9.1997 by S.I. 1997/1930, art. 2(1)(2)(x); otherwise in force at 1.4.1998 by S.I. 1998/354 art. 2
30F532(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
F533(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F534(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F532Sch. 9 para. 30(1) repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 15 Pt. 1(A); S.I. 2007/709, art. 3(q) (with art. 6)
F533Sch. 9 para. 30(2) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. para. 13(dd)
F534Sch. 9 para. 30(3) repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 15 Pt. 1(A); S.I. 2007/709, art. 3(q) (with art. 6)
F53531U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F535Sch. 9 para. 31 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. para. 13(dd)
[F53632U.K.In section 53 of the Fair Employment (Northern Ireland) Act 1976 (police), in subsection (6), in the definition of “chief officer of police”, after paragraph (a) there shall be inserted—
in relation to a person appointed, or to an appointment falling to be made, under section 9(1)(b) of the Police Act 1997 (police members of the National Criminal Intelligence Service) means the Director General of the National Criminal Intelligence Service;”.]
Textual Amendments
F536Sch. 9 para. 32 repealed (4.11.2001) by 2000 c. 32, s. 78(4), Sch. 8; S.R. 2001/396, art. 2, Sch.
33(1)Section 11 of the Police Pensions Act 1976 (interpretation) shall be amended as follows.U.K.
(2)In subsection (2)—
(a)the word “and” after paragraph (a) shall be omitted,
(b)in paragraph (b) after “it means” there shall be inserted “, subject to paragraphs (c) to (e) below,”, and
F537(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)In subsection (5), in the definition of “central service”—
F538(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)after “1967” there shall be inserted “or means relevant service within paragraph (ba) or (bb) of section 38A(1) of the said Act of 1967”.
Textual Amendments
F537Sch. 9 para. 33(2)(c) repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 15 Pt. 1(A); S.I. 2007/709, art. 3(q) (with art. 6)
F538Sch. 9 para. 33(3)(a) repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 15 Pt. 1(A); S.I. 2007/709, art. 3(q) (with art. 6)
34U.K.In each of sections 51 and 59 of the Local Government (Miscellaneous Provisions) Act 1976 (licensing of drivers of private hire vehicles and hackney carriages), subsection (1A) shall be omitted.
F53935U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F539Sch. 9 para. 35 repealed (2.4.2001) by 2000 c. 34, s. 9(2), Sch. 3 (with s. 10(5)); S.I. 2001/566, art. 2(1)
F54036U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F540Sch. 9 para. 36 repealed (2.4.2001) by 2000 c. 34, s. 9(2), Sch. 3 (with s. 10(5)); S.I. 2001/566, art. 2(1)
[F54137U.K.In Article 19 of the Sex Discrimination (Northern Ireland) Order 1976 (police), in paragraph (6), in the definition of “chief officer of police”, after sub-paragraph (a) there shall be inserted—
in relation to a person appointed, or to an appointment falling to be made, under section 9(1)(b) of the Police Act 1997 (police members of the National Criminal Intelligence Service) means the Director General of the National Criminal Intelligence Service;”.]
Textual Amendments
F541Sch. 9 para. 37 repealed (4.11.2001) by 2000 c. 32, s. 78(4), Sch. 8; S.R. 2001/396, art. 2, Sch.
38U.K.F542. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F542Sch. 9 para. 38 repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)
39U.K.F543. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F543Sch. 9 para. 39 repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)
40U.K.In section 64 of the Justices of the Peace Act 1979 (disqualification in certain cases of justices who are members of local authorities), in subsection (6) (definition of local authority), after “1996” there shall be inserted “ , the Service Authority for the National Criminal Intelligence Service, the Service Authority for the National Crime Squad ”.
41U.K.In Part I of Schedule 1 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980, in Group B (ineligibility for jury service of certain persons concerned with the administration of justice), after paragraph (n) there shall be inserted—
“(na)members of the National Criminal Intelligence Service;
(nb)members of the Service Authority for the National Criminal Intelligence Service and persons employed by that Authority under section 13 of the Police Act 1997;”.
Commencement Information
I49Sch. 9 para. 41 wholly in force at 1.4.1998; Sch. 9 para. 41 in force for certain purposes at 23.7.1997 by S.I. 1997/1377 art. 4; Sch. 9 para. 41 otherwise in force at 1.4.1998 by S.I. 1998/354 art. 2
42U.K.F544. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F544Sch. 9 para. 42 repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)
43U.K.F545. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F545Sch. 9 para. 43 repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)
F54644U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F546Sch. 9 para. 44 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. para. 13(dd)
45U.K.F547. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F547Sch. 9 para. 45 repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)
F54846U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F548Sch. 9 paras. 46-48 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. para. 13(dd)
F54847U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F548Sch. 9 paras. 46-48 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. para. 13(dd)
F54848U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F548Sch. 9 paras. 46-48 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. para. 13(dd)
49U.K.F549. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F549Sch. 9 para. 49 repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(J)(m) (with transitional provisions in art. 4)
50U.K.In section 106 of the Housing Associations Act 1985 (minor definitions), in subsection (1), in the definition of “local authority”, after “1996” there shall be inserted “ and the Service Authority for the National Crime Squad and the Service Authority for the National Criminal Intelligence Service ”.
Commencement Information
I50Sch. 9 para. 50 wholly in force at 31.10.1997; Sch. 9 para. 50 not in force at Royal Assent see s. 135; Sch. 9 para. 50 in force at 31.10.1997 by S.I. 1997/2390, art. 2 (with arts. 3-7(but the said arts. 4-7 were revoked (1.4.1998) by S.I. 1998/354, art. 7))
51U.K.F550. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F550Sch. 9 para. 51 repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)
52U.K.F551. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F551Sch. 9 para. 52 repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)
53U.K.F552. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F552Sch. 9 para. 53 repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)
F55354U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F553Sch. 9 para. 54 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. para. 13(dd)
55U.K.F554. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F554Sch. 9 para. 55 repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)
56U.K.In section 65A (which was inserted by section 3 of the M23Local Government and Rating Act 1997 and makes provision about Crown property), in subsection (4)(b) for the words from “or by a police authority” to the end there shall be substituted “ , a police authority established under section 3 of the Police Act 1996, the Service Authority for the National Criminal Intelligence Service or the Service Authority for the National Crime Squad ”.
Marginal Citations
57U.K.In Schedule 1 to the Housing Act 1988 (tenancies which cannot be assured tenancies), in paragraph 12 (local authority tenancies, etc.), in sub-paragraph (2)(g), after “1996” there shall be inserted “ , the Service Authority for the National Criminal Intelligence Service and the Service Authority for the National Crime Squad ”.
Commencement Information
I51Sch. 9 para. 57 wholly in force at 31.10.1997; Sch. 9 para. 57 not in force at Royal Assent see s. 135; Sch. 9 para. 57 in force at 31.10.1997 by S.I. 1997/2390, art. 2 (with arts. 3-7(but the said arts. 4-7 were revoked (1.4.1998) by S.I. 1998/354, art. 7))
F55558U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F555Sch. 9 paras. 58-62 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. para. 13(dd)
F55559U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F555Sch. 9 paras. 58-62 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. para. 13(dd)
F55560U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F555Sch. 9 paras. 58-62 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. para. 13(dd)
F55561U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F555Sch. 9 paras. 58-62 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. para. 13(dd)
F55562U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F555Sch. 9 paras. 58-62 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. para. 13(dd)
63U.K.F556. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F556Sch. 9 para. 63 repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)
64U.K.In section 22 of the Aviation and Maritime Security Act 1990 (power to require harbour authorities to promote searches in harbour areas), in subsection (4)(b)—
(a)the words “who is a member of a body of constables maintained” shall be omitted,
(b)at the beginning of both sub-paragraph (i) and sub-paragraph (ii) there shall be inserted “ who is a member of a body of constables maintained ”, and
(c)at the end of sub-paragraph (ii) there shall be inserted “, or
(iii)who is a member of the National Criminal Intelligence Service within section 9(1)(a) or (b) of the Police Act 1997 or a member of the National Crime Squad within section 55(1)(a) or (b) of that Act.”.
65U.K.Section 47 of the Road Traffic Act 1991 (applications for licences to drive hackney carriages etc.) shall cease to have effect.
Commencement Information
I52Sch. 9 para. 65 partly in force; Sch. 9 para. 65 not in force at Royal Assent, see s. 135(1); Sch. 9 para. 65 in force for E.W. at 1.3.2002 by S.I. 2002/413, art. 2
66U.K.In section 19 of the Local Government Finance Act 1992 (exclusion of Crown exemption in certain cases), in subsection (3), for “and” at the end of paragraph (c) there shall be substituted—
“(ca)the Service Authority for the National Criminal Intelligence Service;
(cb)the Service Authority for the National Crime Squad;”.
Commencement Information
I53Sch. 9 para. 66 wholly in force at 31.10.1997; Sch. 9 para. 66 not in force at Royal Assent see s. 135; Sch. 9 para. 66 in force at 31.10.1997 by S.I. 1997/2390, art. 2 (with arts. 3-7(but the said arts. 4-7 were revoked (1.4.1998) by S.I. 1998/354, art. 7))
67U.K.F557. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F557Sch. 9 para. 67 repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)
68U.K.F558. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F558Sch. 9 para. 68 repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)
F55969U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F559Sch. 9 para. 69 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. para. 13(dd)
F56070U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F560Sch. 9 para. 70 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. para. 13(dd)
71(1)Section 22 of the Criminal Appeals Act 1995 (meaning of “public body” etc.) shall be amended as follows.U.K.
(2)In subsection (2)—
F561(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)for paragraph (b) (meaning of “chief officer of police”) there shall be substituted—
“(b)references to the chief officer of police—
(i)in relation to the [F562Police Service of Northern Ireland] and the [F562Police Service of Northern Ireland Reserve], are to the Chief Constable of the Constabulary,
(ii)in relation to the National Crime Squad, are to the Director General of the Squad, and
(iii)in relation to any other police force maintained otherwise than by a police authority, are to the chief constable,”,
F561(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F561(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F563(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F561Sch. 9 para. 71(2)(a)(c)(d) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. para. 13(dd)
F562Words in Sch. 9 para. 71(2)(b) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 20(2)(a)(b); S.R. 2001/396, art. 2, Sch.
F563Sch. 9 para. 71(3) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. para. 13(dd)
72U.K.The Police Act 1996 shall be amended as follows.
Commencement Information
I54Sch. 9 para. 72 wholly in force at 31.10.1997; Sch. 9 para. 72 not in force at Royal Assent see s. 135; Sch. 9 para 72 in force at 31.10.1997 by S.I. 1997/2390, art. 2 (with arts. 3-7(but the said arts. 4-7 were revoked (1.4.1998) by S.I. 1998/354, art. 7))
F56473U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F564Sch. 9 para. 73 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. para. 13(dd)
F56574U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F565Sch. 9 para. 74 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. para. 13(dd)
75U.K.At the end of section 53 (regulations as to standards of equipment) (which becomes subsection (1)) there shall be added—
“(2)The Secretary of State shall consult the Police Information Technology Organisation before making regulations under this section relating to information technology.
(3)In subsection (2) “information technology” includes any computer or other technology by means of which information or other matter may be recorded or communicated without being reduced to documentary form.”.
F56676U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F566Sch. 9 para. 76 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. para. 13(dd)
F56777U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F567Sch. 9 para. 77 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. para. 13(dd)
78(1)Section 57 (common services) shall be amended as follows.U.K.
(2)After subsection (3) there shall be inserted—
“(3A)Regulations under this section relating to all police forces may also require the National Crime Squad to use the specified facilities or services, or the facilities or services of a specified description, if the Secretary of State considers that it would be in the interests of the efficiency or effectiveness of the Squad for the Squad to do so.”.
(3)In subsection (4), at the end of paragraph (b) there shall be added “, and
(c)if the regulations relate to the National Crime Squad, the Service Authority for the National Crime Squad and the Director General of that Squad.”.
(4)After subsection (4) there shall be added—
“(5)The Secretary of State shall consult the Police Information Technology Organisation before making regulations under this section relating to information technology.
(6)In subsection (5) “information technology” includes any computer or other technology by means of which information or other matter may be recorded or communicated without being reduced to documentary form.”.
F56879U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F568Sch. 9 paras. 79-84 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. para. 13(dd)
F56880U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F568Sch. 9 paras. 79-84 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. para. 13(dd)
F56881U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F568Sch. 9 paras. 79-84 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. para. 13(dd)
Commencement Information
I55Sch. 9 para. 81 wholly in force at 31.10.1997; Sch. 9 para. 81 not in force at Royal Assent see s. 135; Sch. 9 para. 81 in force at 31.10.1997 by S.I. 1997/2390, art. 2 (with arts. 3-7(but the said arts. 4-7 were revoked (1.4.1998) by S.I. 1998/354, art. 7))
F56882U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F568Sch. 9 paras. 79-84 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. para. 13(dd)
F56883U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F568Sch. 9 paras. 79-84 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. para. 13(dd)
F56884U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F568Sch. 9 paras. 79-84 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. para. 13(dd)
85U.K.In section 88 (liability for wrongful acts of constables), in subsection (5)(b), after “or 98” there shall be inserted “ of this Act or section 23 of the Police Act 1997 ”.
86(1)Section 97 (police officers engaged on service outside their force) shall be amended as follows.U.K.
(2)In subsection (1), after paragraph (c) there shall be inserted—
“(ca)temporary service with the National Criminal Intelligence Service on which a person is engaged with the consent of the appropriate authority;
(cb)temporary service with the National Crime Squad on which a person is engaged with the consent of the appropriate authority;
(cc)temporary service with the Police Information Technology Organisation on which a person is engaged with the consent of the appropriate authority;”.
F569(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F569(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F569Sch. 9 para. 86(3)(4) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. para. 13(dd)
Commencement Information
I56Sch. 9 para. 86 wholly in force at 31.10.1997; Sch. 9 para. 86 not in force at Royal Assent see s. 135; Sch. 9 para. 86 in force at 31.10.1997 by S.I. 1997/2390, art. 2 (with arts. 3-7(but the said arts. 4-7 were revoked (1.4.1998) by S.I. 1998/354, art. 7))
F57087U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F570Sch. 9 para. 87 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. para. 13(dd)
F57188U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F571Sch. 9 para. 88 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. para. 13(dd)
89U.K.In section 3 of the Housing Grants, Construction and Regeneration Act 1996 (persons ineligible for grant under Chapter I of Part I of that Act), in subsection (2), for paragraph (g) there shall be substituted—
“(g)a police authority established under section 3 of the Police Act 1996, the Service Authority for the National Criminal Intelligence Service or the Service Authority for the National Crime Squad;”.
F57290U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F572Sch. 9 para. 90 repealed (19.7.2003) by The Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 (S.I. 2002/1860), art. 1(3), Sch. 6
91U.K.In Schedule 2 to the Juries (Northern Ireland) Order 1996 (persons ineligible for jury service), after the entry for members and staff of the [F573Northern Ireland Policing Board] there shall be inserted—
“Members of the National Criminal Intelligence Service, members of the Service Authority for the National Criminal Intelligence Service and persons employed by the Authority.”.
Textual Amendments
F573Words in Sch. 9 para. 91 substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 20(3); S.R. 2001/396, art. 2, Sch.
Commencement Information
I57Sch. 9 para. 91 wholly in force at 31.10.1997; Sch. 9 para. 91 not in force at Royal Assent see s. 135; Sch. 9 para. 91 in force at 31.10.1997 by S.I. 1997/2390, art. 2 (with arts. 3-7(but the said arts. 4-7 were revoked (1.4.1998) by S.I. 1998/354, art. 7))
F57492U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F574Sch. 9 para. 92 repealed (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 10; S.I. 2005/910, art. 3(aa)
Section 134(2).
Extent Information
E6The repeals in Sch. 10 have the same extent as the enactments to which they refer.
Commencement Information
I58Sch. 10 partly in force; Sch. 10 not in force at Royal Assent see s. 135(1); Sch. 10 in force for certain purposes at: 1.4.1998 by S.I. 1998/354, art. 2(2)(ay)(bc); 1.3.2002 for E.W. by S.I. 2002/413, art. 2
Chapter | Short title | Extent of repeal |
---|---|---|
1967 c. 77. | Police (Scotland) Act 1967. | In section 39(4), the word “or” in the third place where it occurs. |
1967 c. 88. | Leasehold Reform Act 1967. | In section 28(5)(a), the word “and” in the second place where it occurs. |
1972 c. 70. | Local Government Act 1972. | In section 146A(1A), the word “not”. In section 223(2), the word “and”. |
1976 c. 35. | Police Pensions Act 1976. | After section 11(2)(a), the word “and”. |
1976 c. 57. | Local Government (Miscellaneous Provisions) Act 1976. | Sections 51(1A) and 59(1A). |
1986 c. 60. | Financial Services Act 1986. | Section 189. Schedule 14. |
1987 c. 22. | Banking Act 1987. | Section 95. |
1989 c. 5. | Security Service Act 1989. | Section 2(3B). |
1990 c. 31. | Aviation and Maritime Security Act 1990. | In section 22(4)(b), the words “who is a member of a body of constables maintained”. |
1991 c. 40. | Road Traffic Act 1991. | Section 47. |
1993 c. 21. | Osteopaths Act 1993. | Section 39. |
1993 c. 39. | National Lottery etc. Act 1993. | Section 19. |
1994 c. 17. | Chiropractors Act 1994. | Section 40. |
1995 c. 25. | Environment Act 1995. | In Schedule 22, paragraph 17(a). |
1996 c. 16. | Police Act 1996. | In section 62(1), at the end of paragraph (b) the word “or”. In section 98(4), the word “or” in the sixth place it occurs. |
1996 c. 35. | Security Service Act 1996. | Section 1(3). |
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