Part I The National Criminal Intelligence Service
The Service Authority
F1571 The Service Authority for the National Criminal Intelligence Service.
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Functions
F1572 General functions of the NCIS Service Authority and NCIS.
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F1573 Objectives.
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F1574 Service plans.
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F1575 Annual reports.
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Director General and other members
F1576 Appointment of Director General.
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F1577 Removal of Director General by the Authority.
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F1578 Deputy Director General.
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F1579 Members of NCIS.
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F1579A Removal of certain members appointed under section 9
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Functions of Director General
F15710 General function of Director General.
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F15711 Reports by Director General to the Authority.
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F15712 Responsibility for co-ordination of police and Security Service activities.
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Service Authority’s officers and employees
F15713 Officers and employees.
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F15714 Appointment of clerk.
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F15715 Appointment of persons not employed by the NCIS Service Authority.
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Financial provisions
F15716NCIS service fund.
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F15716A Budget statement
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F15717 Grants from the Secretary of State
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F15717A Provision supplemental to section 17
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F15718. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15718A Financing by the Scottish Ministers
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F15719 Charges.
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F15720 Acceptance of gifts and loans.
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F15721 Pensions and gratuities.
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F15721A Accounts
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General provisions
F15722 Collaboration agreements.
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F15723 Aid by and for NCIS.
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F15724 Provision of special services.
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Central supervision and direction
F15725 General duty of the Secretary of State and the Scottish Ministers
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F15726 Setting of objectives.
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F15727 Setting of performance targets.
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F15728 Codes of practice.
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F15728A Codes of practice for Director General of NCIS
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F15729 Removal of Director General etc.
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F15730 Power to give directions to NCIS Service Authority
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F15731 Reports from NCIS Service Authority.
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F15731A Power to give directions as to action plans
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F15731B Procedure for giving directions by the Secretary of State
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F15731C Procedure for giving directions by the Scottish Ministers
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F15732 Reports from Director General.
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F15733 Criminal statistics.
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F15734 Inquiries.
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F15734A Regulations for NCIS
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F15735 Regulations as to standard of equipment.
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F15736 Common services.
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Discipline and complaints
F15737 Discipline regulations.
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F15738 Appeals.
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F15739 Complaints.
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F15740 Information as to the manner of dealing with complaints etc.
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Miscellaneous
F15741 Arrangements for consultation.
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F15742 Liability for wrongful acts of constables etc.
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F15743 Causing disaffection.
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F15744 Orders governing NCIS Service Authority.
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General
F15745 Orders and regulations.
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F15746 Interpretation of Part I.
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C1Part II The National Crime Squad
The Service Authority
F15747 The Service Authority for the National Crime Squad.
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Functions
F15748 General functions of the NCS Service Authority and the National Crime Squad.
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F15749 Objectives.
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F15750 Service plans.
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F15751 Annual reports.
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Director General and other members
F15752 Appointment of Director General.
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F15753 Removal of Director General by the Authority.
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F15754 Deputy Director General.
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F15755 Members of the National Crime Squad.
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F15755A Removal of certain members appointed under section 55
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Functions of Director General
F15756 General function of Director General.
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F15757 Reports by Director General to the Authority.
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Service Authority’s officers and employees
F15758 Officers and employees.
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F15759 Appointment of clerk.
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F15760 Appointment of persons not employed by the NCS Service Authority.
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Financial provisions
F15761NCS service fund.
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F15761A Budget statement
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F15762 Grants from the Secretary of State
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F15762A Provision supplemental to section 62
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F15763 Initial financing of NCS Service Authority.
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F15764 Charges.
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F15765 Acceptance of gifts and loans.
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F15766 Pensions and gratuities.
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F15766A Accounts
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F15767 Revenue accounts and capital finance.
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F15768 Financial administration.
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Special services
F15769 Provision of special services.
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Central supervision and direction
F15770 General duty of Secretary of State.
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F15771 Setting of objectives.
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F15772 Setting of performance targets.
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F15773 Codes of practice.
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F15773A Codes of practice for Director General of NCS
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F15774 Removal of Director General etc.
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F15775 Power to give directions to NCS Service Authority
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F15776 Reports from NCS Service Authority.
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F15776A Power to give directions as to action plans
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F15776B Procedure for giving directions under sections 75 and 76A
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F15777 Reports from Director General.
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F15778 Criminal statistics.
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F15779 Inquiries.
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F15779A Regulations for NCS
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F15780 Regulations as to standard of equipment.
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F15780A Regulation of procedures and practices
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Discipline and complaints
F15781 Discipline regulations.
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F15782 Appeals.
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F15783 Complaints.
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F15784 Information as to the manner of dealing with complaints etc.
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Miscellaneous
F15785 Arrangements for consultation.
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F15786 Liability for wrongful acts of constables etc.
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F15787 Causing disaffection.
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I188 Application to NCS Service Authority of local authority enactments.
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.
General
F16989 Orders and regulations.
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F17090 Interpretation of Part II.
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C7C8C13 Part III Authorisation of Action in Respect of Property
Pt. 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
Pt. 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)
Pt. III modified (1.4.2004) by The Independent Police Complaints Commission (Investigatory Powers) Order 2004 (S.I. 2004/815), arts. 1(1), 2
The Commissioners
I291 The Commissioners.
1
The Prime Minister F1after 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 the M1Appellate Jurisdiction Act 1876.
C23
Subject to subsections (4) to (7), each Commissioner shall hold and vacate office in accordance with the terms of his appointment.
C24
Each Commissioner shall be appointed for a term of three years.
C25
A person who ceases to be a Commissioner (otherwise than under subsection (7)) may be reappointed under this section.
C2F26
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 M2Company Directors Disqualification Act 1986 or Part II of the M3Companies (Northern Ireland) Order 1989, or an order under section 429(2)(b) of the M4Insolvency Act 1986 (failure to pay under county court administration order), is made against him F3or his disqualification undertaking is accepted under section 7 or 8 of the Company Directors Disqualification Act 1986F123or 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).
C28
The Secretary of State shall pay to each Commissioner F4, other than a commissioner carrying out functions as mentioned in subsection (8A), such allowances as the Secretary of State considers appropriate.
F58A
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 F6and subject to the approval of the Treasury as to numbers, provide the Commissioners F7and any Assistant Surveillance Commissioners holding office under section 63 of the Regulation of Investigatory Powers Act 2000F8, 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.
F99A
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.
Authorisations
92 Effect of authorisation under Part III.
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.
C393 Authorisations to interfere with property etc.
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,
F10ab
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.
F111A
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 F171member of the staff of the Serious Organised Crime Agency, customs officer F99or 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 F12for the purpose of preventing or detecting serious crime, and
F13b
that the taking of the action is proportionate to what the action seeks to achieve.
F142A
Subsection (2) applies where the authorising officer is the Chief Constable or the Deputy Chief Constable of the F15Police 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.
F982AA
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—
a
if the authorising officer is within subsection (5)(a) to F16(ea) or (ee), by a member of his police force,
F17aa
if the authorising officer is within subsection (5)(eb) to (ed), by a member, as the case may be, of the Royal Navy Regulating Branch, the Royal Military Police or the Royal Air Force Police;
F172b
if the authorising officer is within subsection (5)(f), by a member of the staff of the Serious Organised Crime Agency,
d
if the authorising officer is within subsection (5)(h), by a customs officer F100, or
e
if the authorising officer is within subsection (5)(i), by an officer of the Office of Fair Trading.
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), it relates to an assigned matter within the meaning of section 1(1) of the M5Customs and Excise Management Act 1979.
5
In this section “authorising officer” means—
a
the chief constable of a police force maintained under section 2 of the M6Police 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;
d
the chief constable of a police force maintained under or by virtue of section 1 of the M7Police (Scotland) Act 1967 (maintenance of police forces for areas in Scotland);
e
the Chief Constable or a Deputy Chief Constable of the F15Police Service of Northern Ireland;
F18ea
the Chief Constable of the Ministry of Defence Police;
eb
the Provost Marshal of the Royal Navy Regulating Branch;
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 F119British Transport Police;
F173f
the Director General of the Serious Organised Crime Agency, or any member of the staff of that Agency who is designated for the purposes of this paragraph by that Director General;
h
i
the chairman of the Office of Fair Trading.
6
In this section “relevant area”—
a
in relation to a person within paragraph (a), (b) or (c) of subsection (5), means the area in England and Wales for which his police force is maintained;
b
in relation to a person within paragraph (d) of that subsection means the area in Scotland for which his police force is maintained;
c
in relation to a person within paragraph (e) of that subsection, means Northern Ireland;
F20ca
in relation to a person within paragraph (ea), means any place where, under section 2 of the M8Ministry 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;
F174d
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F175e
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F21f
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and in each case includes the adjacent United Kingdom waters.
F226A
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 subject to service discipline; or
b
the action is taken in relation to the use of wireless telegraphy by such a person.
6B
For the purposes of this section a person is subject to service discipline—
a
in relation to the Royal Navy Regulating Branch, if he is subject to the M9Naval Discipline Act 1957 or is a civilian to whom Parts I and II of that Act for the time being apply by virtue of section 118 of that Act ;
b
in relation to the Royal Military Police, if he is subject to military law or is a civilian to whom Part II of the M10Army Act 1955 for the time being applies by virtue of section 209 of that Act; and
c
in relation to the Royal Air Force Police, if he is subject to air-force law or is a civilian to whom Part II of the M11Air Force Act 1955 for the time being applies by virtue of section 209 of that Act.
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.
C494 Authorisations given in absence of authorising officer.
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
b
F180c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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) or (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 F24Police Service of Northern Ireland;
F25da
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 Royal Navy Regulating Branch;
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 F120British Transport Police;
F177e
where the authorising officer is within paragraph (f) of that subsection, by a person designated for the purposes of this section by the Director General of the Serious Organised Crime Agency;
f
where the authorising officer is within paragraph (h) of that subsection, by a customs officer designated by the Commissioners of Customs and Excise for the purposes of this section.
F102g
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.
F1813
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
In subsection (1), “designated deputy”—
a
b
F182c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
95 Authorisations: form and duration etc.
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 F28the 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 F28the authorisation is one in relation to which the requirements of paragraphs (a) and (b) of section 93(2) are no longer satisfied.
6
7
Nothing in this section shall prevent a designated deputy from exercising the powers conferred on an authorising officer within paragraph (a), (c) F184or (d) of section 93(5) by subsections (3), (4) and (5) above.
I396 Notification of authorisations etc.
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.
Authorisations requiring approval
97 Authorisations requiring approval.
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 F30. . ..
F316A
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) F185or (e) of section 93(5), as a reference to the Commissioner of Police F186or, as the case may be, Chief Constable mentioned in the paragraph concerned.
F1876B
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 member of the staff of the Serious Organised Crime Agency 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 M15Offices, Shops and Railway Premises Act 1963;
“hotel” means premises used for the reception of guests who desire to sleep in the premises.
98 Matters subject to legal privilege.
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.
99 Confidential personal information.
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).
100 Confidential journalistic material.
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.
Code of Practice
F32101. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Complaints etc.
F33102. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
103 Quashing of authorisations etc.
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;
F34and 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.
Appeals
104 Appeals by authorising officers.
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;
F35g
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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), F36. . .
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), F36. . .
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), F36. . .
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, F37. . .
b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
105 Appeals by authorising officers: supplementary.
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, F38and
ii
to the Commissioner against whose refusal, decision or determination the appeal was made, F39. . .
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 C5and 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), (c) F188or (d) of section 93(5).
F40106. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
General
107 Supplementary provisions relating to Commissioners.
1
The Chief Commissioner shall keep under review the performance of functions under this Part.
2
C63
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.
F433A
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 F44and the Scottish Ministers, that the publication of that matter in the report would be prejudicial to F45any 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 police authority,
b
the functions of the F189Serious Organised Crime Agency, or
c
the duties of the Commissioners of Customs and Excise.
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.
F465A
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 M16Human Rights Act 1998 (acts of public authorities) other than a court or tribunal.
F476
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
108 Interpretation of Part III.
1
In this Part—
F48“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—
“customs officer” means an officer commissioned by the Commissioners of Customs and Excise under section 6(3) of the M20Customs and Excise Management Act 1979;
“designated deputy” has the meaning given in section 94(4);
“United Kingdom waters” has the meaning given in section 30(5) of the M21Police Act 1996; and
“wireless telegraphy” has the same meaning as in the M22Wireless Telegraphy Act 1949 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.
Part IV Police Information Technology Organisation
I4109 Police Information Technology Organisation.
1
There shall be a body corporate to be known as the Police Information Technology Organisation (“the Organisation”).
2
Schedule 8 (which makes provision about the Organisation) shall have effect.
3
The Organisation may carry out activities (including the commissioning of research) relating to information technology equipment and systems for the use of—
a
police authorities and police forces,
F190aa
the Serious Organised Crime Agency, and
b
such other bodies as the Secretary of State may determine by order made by statutory instrument.
F503A
The Secretary of State shall obtain the consent of the Scottish Ministers before making any order by virtue subsection (3)(b) which determines any body whose functions are carried out wholly or mainly in Scotland for the purposes mentioned in that subsection.
4
The Organisation may also procure or assist in procuring other equipment, systems and services for any body falling within subsection (3) F191(a), (aa) or (b).
5
Any statutory instrument made by virtue of subsection (3)(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
6
In this Part “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.
110 Relationship between the Organisation and the Secretary of State.
1
In exercising its functions the Organisation shall comply with any general or specific directions given in writing by the Secretary of State.
2
Before giving directions under subsection (1), the Secretary of State shall consult the Organisation.
F512A
The Secretary of State shall obtain the consent of the Scottish Ministers before giving any direction under subsection (1) which relates wholly or mainly to the exercise of the Organisation’s activities in or as regards Scotland.
3
I5C9111 Interpretation of Part IV.
1
In this Part, except where the context otherwise requires, “police authority” means—
a
b
the F53Northern Ireland Policing Board,
F193c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F194d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
In this Part, except where the context otherwise requires, “chief officer of police” means—
a
a chief officer of police of a police force in England and Wales,
b
a chief constable of a police force in Scotland, F195and
c
the Chief Constable of the F54Police Service of Northern Ireland,
F196d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F197e
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
In this Part “police force” means—
a
a police force in Great Britain, F198and
F199c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F200d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C12C16 Part V Certificates of Criminal Records, &c.
Pt. 5 (ss. 112-127) explained (prosp) by 1998 c. 29, s. 56(4)
Pt. 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)
I6112 Criminal conviction certificates.
1
The Secretary of State shall issue a criminal conviction certificate to any individual who—
a
makes an application in the prescribed F115manner and form, and
2
A criminal conviction certificate is a certificate which—
a
gives the prescribed details of every conviction of the applicant which is recorded in central records, or
b
states that there is no such conviction.
3
In this section—
“central records” means such records of convictions held for the use of police forces generally as may be prescribed;
“conviction” means a conviction within the meaning of the M24Rehabilitation of Offenders Act 1974, other than a spent conviction.
4
Where an applicant has received a criminal conviction certificate, the Secretary of State may refuse to issue another certificate to that applicant during such period as may be prescribed.
I7113 Criminal record certificates.
F2011
The Secretary of State shall issue a criminal record certificate to any individual who—
a
makes an application under this section in the prescribed F116manner and form countersigned by a registered person, and
b
pays F117in the prescribed manner any fee that is payable in relation to the application under regulations made by the Secretary of State.
2
An application under this section must be accompanied by a statement by the registered person that the certificate is required for the purposes of an exempted question.
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, or
b
states that there is no such matter.
F126F553A
If an application under this section is accompanied by a statement by the registered person that the certificate is required for the purpose of considering the applicant’s F125F56suitability to be employed, supplied to work, found work or given work in a position (whether paid or unpaid) within subsection (3B), F127F57or F93the suitability of the applicant, or of a person living in the same household as the applicant, to be a foster parent or to adopt a child, the criminal record certificate shall also state—
C15a
i
the list kept under section 1 of the M25Protection of Children Act 1999;
F131ia
the list kept under section 1(1) of the Protection of Children (Scotland) Act 2003 (asp 5);
F129F85b
if he is included in the list kept under section 1 of the Protection of Children Act 1999 (c. 14), such details of his inclusion as may be prescribed;
d
if he is subject to a direction under that section, such details of the circumstances in which it was given as may be prescribed, including the grounds on which it was given.
3B
A position is within this subsection if it is—
a
a child care position within the meaning of the Protection of Children Act 1999;
F133aa
a child care position within the meaning of the Protection of Children (Scotland) Act 2003 (asp 5);
d
a position of such other description as may be prescribed;
F1223C
If an application under this section is accompanied by a statement by the registered person that the certificate is required for the purpose of considering the applicant’s suitability to be employed, supplied to work, found work or given work in a position (whether paid or unpaid) within subsection (3D), the criminal record certificate shall also state—
a
whether the applicant is included in the list kept under section 81 of the Care Standards Act 2000; and
b
if he is included in that list, such details of his inclusion as may be prescribed.
3D
A position is within this subsection if it is—
a
a care position within the meaning of Part VII of the Care Standards Act 2000; or
b
a position of such other description as may be prescribed.
F137F593E
The references in subsections (3A) and (3C) to F136considering the applicant's suitability to be employed, supplied to work, found work or given work in a position falling within subsection (3B) or (3D) include references to F138—
a
considering the applicant's suitability to be registered—
F141iii
under Part 3 of the Regulation of Care (Scotland) Act 2001 (asp 8) (social workers); or
b
considering the applicant’s application to have a care service, consisting of the provision of child minding or the day care of children, registered under Part 1 of the Regulation of Care (Scotland) Act 2001 (asp 8) (care services).
F143F613F
The references in subsections (3A) and (3C) to considering the applicant’s suitability to be employed, supplied to work, found work or given work in a position falling within subsection (3B) or (3D) include references to considering, for the purposes of Part 10A of the Children Act 1989 (child minding and day care in England and Wales), his suitability—
a
to look after or be in regular contact with children under the age of eight, or
b
in the case of an applicant for or holder of a certificate under section 79W of that Act, or a person prescribed under subsection (4) of that section, to look after children within the meaning of that section.
4
The Secretary of State shall send a copy of a criminal record certificate to the registered person who countersigned the application.
5
In this section—
“central records” means such records of convictions and cautions held for the use of police forces generally as may be prescribed;“exempted question” means a question in relation to which section 4(2)(a) or (b) of theM27Rehabilitation of Offenders Act 1974 (effect of rehabilitation) has been excluded by an order of the Secretary of State under section 4(4);“relevant matter” means—- i
a conviction within the meaning of the Rehabilitation of Offenders Act 1974, including a spent conviction, and - ii
a caution.
- i
113AF159Criminal record certificates
1
The Secretary of State must issue a criminal record certificate to any individual who—
a
makes an application in the prescribed manner and form, 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.
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, or
b
states that there is no such matter.
4
The Secretary of State must send a copy of a criminal record certificate to the registered person who countersigned the application.
5
The Secretary of State may treat an application under this section as an application under section 113B if—
a
in his opinion the certificate is required for a purpose prescribed under subsection (2) of that section,
b
the registered person provides him with the statement required by that subsection, and
c
the applicant consents and pays to the Secretary of State 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.
6
In this section—
“central records” means such records of convictions and cautions held for the use of police forces generally as may be prescribed;
“exempted question” means 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;
“relevant matter” means—
- a
a conviction within the meaning of the Rehabilitation of Offenders Act 1974, including a spent conviction, and
- b
a caution.
- a
113BEnhanced criminal record certificates
1
The Secretary of State must issue an enhanced criminal record certificate to any individual who—
a
makes an application in the prescribed manner and form, 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 a prescribed purpose.
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), or
b
states that there is no such matter or information.
4
Before issuing an enhanced criminal record certificate the Secretary of State must request the chief officer of every relevant police force to provide any information which, in the chief officer's opinion—
a
might be relevant for the purpose described in the statement under subsection (2), and
b
ought to be included in the certificate.
5
The 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.
6
The Secretary of State must send to the registered person who countersigned the application—
a
a copy of the enhanced criminal record certificate, and
b
any information provided in accordance with subsection (5).
7
The Secretary of State may treat an application under this section as an application under section 113A if in his opinion the certificate is not required for a purpose prescribed under subsection (2).
8
If by virtue of subsection (7) the Secretary of State treats an application under this section as an application under section 113A, he 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;
“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—
a
the Royal Navy Regulating Branch;
b
the Royal Marines Police;
c
the Royal Military Police;
d
the Royal Air Force Police;
e
the Ministry of Defence Police;
f
the National Criminal Intelligence Service;
g
the National Crime Squad;
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 Serious Organised 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).
113CCriminal record certificates: suitability relating to children
1
If an application under section 113A or 113B is accompanied by a children's suitability statement the criminal record certificate or enhanced criminal record certificate (as the case may be) must also state—
a
whether the applicant is included in a specified children's list;
b
if he is included in such a list, such details of his inclusion as may be prescribed;
c
whether he is subject to a specified children's direction;
d
if he is subject to such a direction, the grounds on which it was given and such details as may be prescribed of the circumstances in which it was given.
2
A children's suitability statement is a statement by the registered person that the certificate is required for the purpose of considering—
a
the applicant's suitability to be employed, supplied to work, found work or given work in a position (whether paid or unpaid) within subsection (5),
b
the applicant's suitability to be a foster parent or to adopt a child,
c
the applicant's suitability to be a child's special guardian for the purposes of sections 14A and 14C of the Children Act 1989,
d
the applicant's suitability to have a child placed with him by virtue of section 70 of the Children (Scotland) Act 1995 or by virtue of section 5(2), (3) and (4) of the Social Work (Scotland) Act 1968, or
e
the suitability of a person living in the same household as the applicant to be a person mentioned in paragraph (b) or (c) or to have a child placed with him as mentioned in paragraph (d).
3
Each of the following is a specified children's list—
a
the list kept under section 1 of the Protection of Children Act 1999;
b
the list kept under section 1(1) of the Protection of Children (Scotland) Act 2003;
c
the list kept under Article 3 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003;
d
any list kept for the purposes of regulations under Article 70(2)(e) or 88A(2)(b) of the Education and Libraries (Northern Ireland) Order 1986;
e
any such other list as the Secretary of State specifies by order if he thinks that the list corresponds to a list specified in paragraphs (a) to (c) and is kept in pursuance of F160the law of a country or territory outside the United Kingdom.
4
Each of the following is a specified children's direction—
a
a direction under section 142 of the Education Act 2002;
b
anything which the Secretary of State specifies by order which he thinks corresponds to such a direction and which is done for the purposes of the law of Scotland or of Northern Ireland or of a country or territory outside the United Kingdom.
5
A position falls within this subsection if it is any of the following—
a
a child care position within the meaning of the Protection of Children Act 1999;
b
a child care position within the meaning of the Protection of Children (Scotland) Act 2003;
c
a child care position within the meaning of Chapter 1 of Part 2 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003;
d
a position, employment or further employment in which may be prohibited or restricted by regulations under Article 70(2)(e) or 88A(2)(b) of the Education and Libraries (Northern Ireland) Order 1986;
e
a position which involves work to which section 142 of the Education Act 2002 applies;
f
a position of such other description as may be prescribed.
6
An order under subsection (4)(b) may make such modifications of subsection (1)(d) as the Secretary of State thinks necessary or expedient in consequence of the order.
113DCriminal record certificates: suitability relating to adults
1
If an application under section 113A or 113B is accompanied by an adults' suitability statement the criminal record certificate or enhanced criminal record certificate (as the case may be) must also state—
a
whether the applicant is included in a specified adults' list;
b
if he is included in such a list, such details of his inclusion as may be prescribed.
2
An adults' suitability statement is a statement by the registered person that the certificate is required for the purpose of considering the applicant's suitability to be employed, supplied to work, found work or given work in a position (whether paid or unpaid) falling within subsection (4).
3
Each of the following is a specified adults' list—
a
the list kept under section 81 of the Care Standards Act 2000;
b
the list kept under Article 35 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003;
c
any such other list as the Secretary of State specifies by order if he thinks that the list corresponds to a list specified in paragraph (a) or (b) and is kept in pursuance of the law of Scotland or of a country or territory outside the United Kingdom.
4
A position falls within this subsection if it is any of the following—
a
a care position within the meaning of Part 7 of the Care Standards Act 2000;
b
a care position within the meaning of Part 3 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003;
c
a position concerned with providing a care service (as defined by section 2(1) of the Regulation of Care (Scotland) Act 2001);
d
a position of such other description as may be prescribed.
113ECriminal record certificates: specified children's and adults' lists: urgent cases
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
The Secretary of State 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
The Secretary of State 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.
113FCriminal record certificates: supplementary
1
References in sections 113C(2) and 113D(2) to considering the applicant's suitability to be employed, supplied to work, found work or given work in a position falling within section 113C(5) or 113D(4) include references to considering—
a
for the purposes of Part 10A of the Children Act 1989 (child minding and day care in England and Wales), the applicant's suitability to look after or be in regular contact with children under the age of eight;
b
for the purposes of that Part of that Act, in the case of an applicant for or holder of a certificate under section 79W of that Act, or a person prescribed under subsection (4) of that section, his suitability to look after children within the meaning of that section;
c
the applicant's suitability to be registered for child minding or providing day care under section 71 of the Children Act 1989 or Article 118 of the Children (Northern Ireland) Order 1995 (child minding and day care);
d
for the purposes of section 3 of the Teaching and Higher Education Act 1998 (registration of teachers with the General Teaching Council for England or the General Teaching Council for Wales) or of section 6 of the Teaching Council (Scotland) Act 1965 (registration of teachers with the General Teaching Council for Scotland), the applicant's suitability to be a teacher;
e
the applicant's suitability to be registered under Part 2 of the Care Standards Act 2000 (establishments and agencies);
f
the applicant's suitability to be registered under Part 4 of that Act (social care workers);
g
the applicant's suitability to be registered under Part 1 of the Regulation of Care (Scotland) Act 2001 (applications by persons seeking to provide a care service);
h
the applicant's suitability to be registered under Part 3 of that Act (social workers and other social service workers);
i
the applicant's application to have a care service, consisting of the provision of child minding or the day care of children, registered under Part 1 of that Act (care services);
j
the applicant's suitability to be registered under Part 1 of the Health and Personal Social Services Act (Northern Ireland) 2001 (social care workers);
k
the applicant's suitability to be registered under Part 3 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 (regulation of establishments and agencies).
2
The power to make an order under section 113C or 113D is exercisable by statutory instrument, but no such order may be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.
3
If the power mentioned in subsection (2) is exercised by the Scottish Ministers, the reference in that subsection to each House of Parliament must be construed as a reference to the Scottish Parliament.
I8114 Criminal record certificates: Crown employment.
1
The Secretary of State shall issue a criminal record certificate to any individual who—
a
makes an application under this section in the prescribed F152manner and form, and
2
An application under this section must be accompanied by a statement by a Minister of the Crown 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.
3
E2I9C14115 Enhanced criminal record certificates.
1
The Secretary of State shall issue an enhanced criminal record certificate to any individual who—
a
makes an application under this section in the prescribed F108manner and form countersigned by a registered person, and
b
pays F109in the prescribed manner any fee that is payable in relation to the application under regulations made by the Secretary of State.
2
An application under this section must be accompanied by a statement by the registered person that the certificate is required for the purposes of an exempted question asked F110for such purposes as may be prescribed under this subsection.
3
A position is within this subsection if it involves regularly caring for, training, supervising or being in sole charge of persons aged under 18.
4
A position is within this subsection if—
a
it is of a kind specified in regulations made by the Secretary of State, and
b
it involves regularly caring for, training, supervising or being in sole charge of persons aged 18 or over.
5
The matters referred to in subsection (2)(b) are—
a
a certificate for the purposes of sections 19 or 27(1) or (5) of the M28Gaming Act 1968 (gaming);
b
a certificate of consent, or a licence, for any purpose of Schedule 2 to that Act (licences);
c
registration or certification in accordance with Schedule 1A, 2 or 2A to the M29Lotteries and Amusements Act 1976 (societies, schemes and lottery managers);
d
a licence under section 5 or 6 of the M30National Lottery etc. Act 1993 (running or promoting lotteries);
F149da
a personal licence under the Licensing Act 2003;
e
registration under section 71 of the M31Children Act 1989 F62 registration for child minding or providing day care under Part XA of that Act F63, or the holding of a certificate under section 79W of that Act, or registration under Article 118 of the M32Children (Northern Ireland) Order 1995 (child minding and day care);
F64ea
registration under Part II of the Care Standards Act 2000 (establishments and agencies);
eb
registration under Part IV of that Act (social care workers);
f
the placing of children with foster parents in accordance with any provision of, or made by virtue of, the Children Act 1989 or the M33Children (Northern Ireland) Order 1995 or the exercise of any duty under or by virtue of section 67 of that Act or Article 108 of that Order (welfare of privately fostered children);
g
the approval of any person as a foster carer by virtue of section 5(2), (3) and (4) of the M34Social Work (Scotland) Act 1968, the exercise by a local authority of their functions under the M35Foster Children (Scotland) Act 1984 or the placing of children with foster parents by virtue of section 70 of the M36Children (Scotland) Act 1995 (disposal of referral by children’s hearing).
6
An enhanced criminal record certificate is a certificate which—
a
gives—
i
the prescribed details of every relevant matter relating to the applicant which is recorded in central records, and
ii
any information provided in accordance with subsection (7), or
b
states that there is no such matter or information.
F666A
If an application under this section is accompanied by a statement by the registered person that the certificate is required for the purpose of considering the applicant’s suitability for a position (whether paid or unpaid) falling within subsection (3B) of section 113, F67or F94the suitability of the applicant, or of a person living in the same household as the applicant, to be a foster parent or to adopt a child,, the enhanced criminal record certificate shall also state—
a
whether the applicant is included F68 in—
i
the list kept under section 1 of the M37Protection of Children Act 1999;
F90ii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F90iii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F91b
if he is included in the list kept under section 1 of the Protection of Children Act 1999 (c. 14), such details of his inclusion as may be prescribed;
F92c
whether he is subject to a direction under section 142 of the Education Act 2002; and
d
if he is subject to a direction under that section, such details of the circumstances in which it was given as may be prescribed, including the grounds on which it was given.
F1216B
If an application under this section is accompanied by a statement by the registered person that the certificate is required for the purpose of considering the applicant’s suitability to be employed, supplied to work, found work or given work in a position (whether paid or unpaid) falling within subsection (3D) of section 113, the enhanced criminal record certificate shall also state—
a
whether the applicant is included in the list kept under section 81 of the Care Standards Act 2000; and
b
if he is included in that list, such details of his inclusion as may be prescribed.
F956BA
The references in subsections (6A) and (6B) to considering the applicant’s suitability to be employed, supplied to work, found work or given work in a position falling within section 113(3B) or (3D) include references to considering, for the purposes of Part 10A of the Children Act 1989 (child minding and day care in England and Wales) his suitability—
a
to look after or be in regular contact with children under the age of eight, or
b
in the case of an applicant for or holder of a certificate under section 79W of that Act, or a person prescribed under subsection (4) of that section, to look after children within the meaning of that section.
F976C
This subsection applies to an individual included or seeking inclusion in any list prepared for the purposes of Part 2 of the National Health Service Act 1977 (c. 49) of—
a
medical practitioners undertaking to provide general medical services,
b
persons undertaking to provide general dental services,
c
persons undertaking to provide general ophthalmic services, or
d
persons undertaking to provide pharmaceutical services.
6D
This subsection applies to an individual who is—
a
a director of a body corporate included or seeking inclusion in a list referred to in subsection (6C)(b) or (c),
b
a member of a limited liability partnership included or seeking inclusion in a list referred to in subsection (6C)(c),
c
a member of the body of persons controlling a body corporate (whether or not a limited liability partnership) included or seeking inclusion in a list referred to in subsection (6C)(d).
6E
This subsection applies to an individual included or seeking inclusion in any list prepared by a [F17Primary Care Trust or] Health Authority under—
a
section 28DA of the National Health Service Act 1977 or section 8ZA of the National Health Service (Primary Care) Act 1997 (lists of persons who may perform personal medical services or personal dental services), or
b
section 43D of the 1977 Act (supplementary lists),
and to an individual included or seeking inclusion in any list corresponding to a list referred to in paragraph (a) prepared by a F96Primary Care Trust or Health Authority by virtue of regulations made under section 41 of the Health and Social Care Act 2001 (which provides for the application of enactments in relation to local pharmaceutical services).
7
Before issuing an enhanced criminal record certificate the Secretary of State shall request the chief officer of every relevant police force to provide any information which, in the chief officer’s opinion—
a
might be relevant for the purpose described in the statement under subsection (2), and
b
ought to be included in the certificate.
8
The Secretary of State shall also request the chief officer of every relevant police force to provide any information which, in the chief officer’s opinion—
a
might be relevant for the purpose described in the statement under subsection (2),
b
ought not to be included in the certificate, in the interests of the prevention or detection of crime, and
c
can, without harming those interests, be disclosed to the registered person.
9
The Secretary of State shall send to the registered person who countersigned an application under this section—
a
a copy of the enhanced criminal record certificate, and
b
any information provided in accordance with subsection (8).
10
In this section—
“central records”, “exempted question” and “relevant matter” have the same meaning as in section 113; and
“relevant police force”, in relation to an application under this section, means a police force which is a relevant police force in relation to that application under regulations made by the Secretary of State.
F158E3115 Enhanced criminal record certificates.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I10116 Enhanced criminal record certificates: judicial appointments and Crown employment.
1
The Secretary of State shall issue an enhanced criminal record certificate to any individual who—
a
makes an application under this section in the prescribed F154manner and form, and
2
An application under this section must be accompanied by a statement by a Minister of the Crown, or a person nominated by a Minister of the Crown, 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
3
I11117 Disputes about accuracy of certificates.
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 in writing to the Secretary of State for a new certificate.
2
The Secretary of State shall consider any application under this section; and where he is of the opinion that the information in the certificate is inaccurate he shall issue a new certificate.
I12118 Evidence of identity.
1
The Secretary of State may refuse to issue a certificate under this Part, or to consider an application under section 117 F147or 120, unless the application is supported by such evidence of identity as he may require.
2
In particular, the Secretary of State 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.
F1462A
For the purpose of verifying evidence of identity supplied in pursuance of subsection (1) the Secretary of State may obtain such information as he thinks is appropriate from data held—
a
by the United Kingdom Passport Agency;
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.
3
Regulations dealing with the taking of fingerprints may make provision requiring their destruction in specified circumstances and by specified persons.
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 where a new certificate is issued.
I13119 Sources of information.
1
Any person who holds records of convictions or cautions for the use of police forces generally shall make those records available to the Secretary of State F103for the purposes of an application F104(whether for a certificate or for registration) under this Part.F103for the purpose of enabling him to carry out his 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.
F691A
Any person who keeps a list mentioned in F205section 113(3A) or (3C)F205section 113C(3) or 113D(3) above shall make the contents of that list available to the Secretary of State for the purpose of enabling him to carry out his 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.
2
3
4
Any person who holds records of fingerprints for the use of police forces generally shall make those records available to the Secretary of State F103for the purposes of an application under this Part.F103for the purpose of enabling him to carry out his 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.
5
No proceedings shall lie against the Secretary of State by reason of an inaccuracy in the information made available or provided to him in accordance with this section.
F2046
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 police authority must be construed as a reference to such body as is prescribed.
119AF162Further sources of information: Scotland
1
Any person who holds, in Scotland, records of convictions 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 or cautions 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; and they may also request that information kept F207in a list mentioned in section 113C(3) or 113D(3) be made so available.
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.
C11I14120 Registered persons.
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 F71section 120A and regulations under subsection (3), the Secretary of State shall include in the register any person who applies to him in writing to be registered and satisfies the conditions in subsections (4) to (6).
F1113
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 113 or 115 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 113.
E1I15120 Registered persons.
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 F163section 120A and regulations under subsection (3), the Secretary of State shall include in the register any person who applies to him in writing 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,
F164aa
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 F166113A 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 F167113A 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 F168113A.
120AE4F72 Refusal and cancellation of registration
1
The Secretary of State may refuse to include a person in the register maintained for the purposes of this Part if it appears to him that the registration of that person is likely to make it possible for information to become available to an individual who, in the Secretary of State’s opinion, is not a suitable person to have access to that information.
2
The Secretary of State may remove a person from the register if it appears to the Secretary of State—
a
that the registration of that person is likely to make it possible for information to become available to an individual who, in the Secretary of State’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.
F733
In determining for the purposes of this section whether an individual is a suitable person to have access to any information, the Secretary of State may have regard, in particular, to—
a
any information relating to that person which concerns a relevant matter;
b
c
any information provided to the Secretary of State under subsection (4).
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 the Secretary of State to provide the Secretary of State 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 the countersigning of applications by a particular applicant for registration or by a particular registered person;
and
c
concerns a matter which the Secretary of State has notified to the chief officer to be a matter which, in the opinion of the Secretary of State, is relevant to the determination of the suitability of individuals for having access to the information that may be provided in consequence of the countersigning of applications under this Part.
5
In this section “relevant matter” has the same meaning as in section 113.
120AE6F161Refusal and cancellation of registration: Scotland
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 F224113A);
b
whether that person is included in any list mentioned in section F225113C(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 F223such fee as they consider appropriate.
F2266
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.
F2277
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.
120ZAF112Regulations about registration
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, and
e
the refusal by the Secretary of State, 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 the Secretary of State thinks fit, and
b
for the Secretary of State 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 he countersigns an application at an individual’s request, to verify the identity of that individual in the prescribed manner,
b
requiring an application under section 113 or 115 to be transmitted by electronic means to the Secretary of State by the registered person who countersigns it, and
c
requiring a registered person to comply with any code of practice for the time being in force under section 122.
I16121 Performance by constables on central service in Scotland of functions under this Part.
In Scotland a constable engaged on central service (within the meaning of section 38 of the M38Police (Scotland) Act 1967) may perform functions under this Part (other than functions F208under section 114(2), 115(4) or (10), 116(2), 122(1) or (2) or 125F208 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.
I17122 Code of practice.
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 F107, 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 F209113 or 115F209113A or 113B if he believes that the registered person who countersigned the application—
a
has failed to comply with the code of practice under this section, or
b
countersigned at the request of a body which, or individual who, has failed to comply with the code of practice.
F1064
Where the Scottish Ministers have reason to believe that—
a
a registered person; or
b
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
122AF113Delegation of functions of Secretary of State
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.
I18123 Offences: falsification, &c.
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.
I19124 Offences: disclosure.
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 F211113 or 115F211113A 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 countersigned the application, or
c
to an individual at whose request the registered body countersigned the relevant application.
2
Where information is provided under section F212113 or 115F212113A or 113B following an application countersigned 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 F213113 or 115F213113A or 113B following an application countersigned by or 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 F214113 or 115F214113A 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 (5) or (6)(a), (d), (e) or (f),
the person to whom the information is disclosed commits an offence (subject to subsections (5) and (6)) if he discloses it to any other person.
5
6
Subsections (1) to (4) do not apply to a disclosure of information contained in a certificate under section F215113 or 115F215113A 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
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.
124AE5F114Further offences: disclosure of information obtained in connection with delegated function
1
Any person who is engaged in the discharge of functions conferred by this Part on the Secretary of State 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 the Secretary of State, or
c
to an applicant or registered person 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.
124AE7Review of certain decisions as to registration
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.
124BF165Scottish annotated list of certificated persons
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.
I20125 Regulations.
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.
3
F219A statutory instrument which contains (whether alone or with other provisions) regulations made by virtue of section 115(4) shall not be made unless a draft has been laid before, and approved by resolution of, each House of Parliament.
4
A statutory instrument F220to which subsection (3) does not apply 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.
F2186
If the power mentioned in subsection (1) is exercised by the Scottish Ministers, the reference in subsection (3) to each House of Parliament must be construed as a reference to the Scottish Parliament.
I21126 Interpretation of Part V.
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;
“chief officer” means—
- i
a chief officer of police of a police force in England and Wales,
- ii
a chief constable of a police force in Scotland, and
- iii
the Chief Constable of the F74Police Service of Northern Ireland;
- i
“government department” includes a Northern Ireland department;
“Minister of the Crown” includes a Northern Ireland department;
“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 M40Rehabilitation of Offenders Act 1974, or to a provision of that Act, shall be construed as a reference to the M41Rehabilitation of Offenders (Northern Ireland) Order 1978 or, as the case may be, to the corresponding provision of that order.
F1483
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).
I22127 Saving: disclosure of information and records.
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.
Part VI Miscellaneous
Amendments of Police Act 1996
128 Regulations for special constables and police cadets.
1
In section 51 of the M42Police 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.
I23129 Change of name or description of certain police areas.
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
”
.
Amendments of Police Act (Northern Ireland) 1970
F76130. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F77131. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F78132. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Rehabilitation of Offenders
133 Rehabilitation of Offenders.
The following provisions (which restrict the effect of the M43Rehabilitation of Offenders Act 1974 and the M44Rehabilitation of Offenders (Northern Ireland) Order 1978) shall cease to have effect—
a
section 189 of, and Schedule 14 to, the M45Financial Services Act 1986;
b
section 95 of the M46Banking Act 1987;
c
section 39 of the M47Osteopaths Act 1993;
d
section 19 of the M48National Lottery etc. Act 1993;
e
section 40 of the M49Chiropractors Act 1994.
Part VII General
F79133A Meaning of “prevention” and “detection”.
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.
I24134 Amendments and repeals.
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.
P1135 Commencement.
P21
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 F80Police 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.
136 Police: co-operation on implementation.
It shall be the duty of police authorities for areas in Great Britain, and the F81Northern 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.
137 Extent.
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;
F221b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F222c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F82d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e
sections 128 and 129.
F833
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
138 Short title.
This Act may be cited as the Police Act 1997.
Pt. II (ss. 47-90): Power to continue conferred (11.5.2001) by 2001 c. 16, ss. 109(2)(c)(i), 138