Part I The National Criminal Intelligence Service

The Service Authority

F751 The Service Authority for the National Criminal Intelligence Service.

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Functions

F752 General functions of the NCIS Service Authority and NCIS.

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F753 Objectives.

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F754 Service plans.

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F755 Annual reports.

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Director General and other members

F756 Appointment of Director General.

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F757 Removal of Director General by the Authority.

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F758 Deputy Director General.

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F759 Members of NCIS.

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F759A Removal of certain members appointed under section 9

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Functions of Director General

F7510 General function of Director General.

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F7511 Reports by Director General to the Authority.

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F7512 Responsibility for co-ordination of police and Security Service activities.

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Service Authority’s officers and employees

F7513 Officers and employees.

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F7514 Appointment of clerk.

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F7515 Appointment of persons not employed by the NCIS Service Authority.

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Financial provisions

F7516NCIS service fund.

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F7516A Budget statement

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F7517 Grants from the Secretary of State

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F7517A Provision supplemental to section 17

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F7518. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7518A Financing by the Scottish Ministers

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F7519 Charges.

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F7520 Acceptance of gifts and loans.

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F7521 Pensions and gratuities.

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F7521A Accounts

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General provisions

F7522 Collaboration agreements.

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F7523 Aid by and for NCIS.

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F7524 Provision of special services.

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Central supervision and direction

F7525 General duty of the Secretary of State and the Scottish Ministers

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F7526 Setting of objectives.

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F7527 Setting of performance targets.

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F7528 Codes of practice.

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F7528A Codes of practice for Director General of NCIS

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F7529 Removal of Director General etc.

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F7530 Power to give directions to NCIS Service Authority

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F7531 Reports from NCIS Service Authority.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7531A Power to give directions as to action plans

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F7531B Procedure for giving directions by the Secretary of State

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F7531C Procedure for giving directions by the Scottish Ministers

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F7532 Reports from Director General.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7533 Criminal statistics.

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F7534 Inquiries.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7534A Regulations for NCIS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7535 Regulations as to standard of equipment.

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F7536 Common services.

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Discipline and complaints

F7537 Discipline regulations.

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F7538 Appeals.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7539 Complaints.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7540 Information as to the manner of dealing with complaints etc.

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Miscellaneous

F7541 Arrangements for consultation.

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F7542 Liability for wrongful acts of constables etc.

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F7543 Causing disaffection.

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F7544 Orders governing NCIS Service Authority.

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General

F7545 Orders and regulations.

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F7546 Interpretation of Part I.

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C1Part II The National Crime Squad

Annotations:
Modifications etc. (not altering text)
C1

Pt. II (ss. 47-90): Power to continue conferred (11.5.2001) by 2001 c. 16, ss. 109(2)(c)(i), 138

The Service Authority

F7547 The Service Authority for the National Crime Squad.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Functions

F7548 General functions of the NCS Service Authority and the National Crime Squad.

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F7549 Objectives.

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F7550 Service plans.

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F7551 Annual reports.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Director General and other members

F7552 Appointment of Director General.

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F7553 Removal of Director General by the Authority.

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F7554 Deputy Director General.

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F7555 Members of the National Crime Squad.

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F7555A Removal of certain members appointed under section 55

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Functions of Director General

F7556 General function of Director General.

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F7557 Reports by Director General to the Authority.

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Service Authority’s officers and employees

F7558 Officers and employees.

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F7559 Appointment of clerk.

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F7560 Appointment of persons not employed by the NCS Service Authority.

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Financial provisions

F7561NCS service fund.

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F7561A Budget statement

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F7562 Grants from the Secretary of State

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F7562A Provision supplemental to section 62

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F7563 Initial financing of NCS Service Authority.

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F7564 Charges.

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F7565 Acceptance of gifts and loans.

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F7566 Pensions and gratuities.

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F7566A Accounts

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F7567 Revenue accounts and capital finance.

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F7568 Financial administration.

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Special services

F7569 Provision of special services.

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Central supervision and direction

F7570 General duty of Secretary of State.

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F7571 Setting of objectives.

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F7572 Setting of performance targets.

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F7573 Codes of practice.

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F7573A Codes of practice for Director General of NCS

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F7574 Removal of Director General etc.

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F7575 Power to give directions to NCS Service Authority

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F7576 Reports from NCS Service Authority.

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F7576A Power to give directions as to action plans

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F7576B Procedure for giving directions under sections 75 and 76A

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F7577 Reports from Director General.

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F7578 Criminal statistics.

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F7579 Inquiries.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7579A Regulations for NCS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7580 Regulations as to standard of equipment.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7580A Regulation of procedures and practices

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Discipline and complaints

F7581 Discipline regulations.

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F7582 Appeals.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7583 Complaints.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7584 Information as to the manner of dealing with complaints etc.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Miscellaneous

F7585 Arrangements for consultation.

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F7586 Liability for wrongful acts of constables etc.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7587 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

F8189 Orders and regulations.

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F8290 Interpretation of Part II.

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C7C8C10 Part III Authorisation of Action in Respect of Property

Annotations:
Modifications etc. (not altering text)
C7

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

C8

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)

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 F213Part 3 of the Constitutional Reform Act 2005 or are or have been members of the Judicial Committee of the Privy Council.

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 M1Company Directors Disqualification Act 1986 or F214 the Company Directors Disqualification (Northern Ireland) Order 2002, or an order under section 429(2)(b) of the M2Insolvency Act 1986 (failure to pay under county court administration order), is made against him F3or his disqualification undertaking is accepted under section 7 or 8 of the Company Directors Disqualification Act 1986F71or 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 F83member of the staff of the Serious Organised Crime Agency,F168an officer of Revenue and CustomsF61or 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.

F602AA

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—

F228za

if the authorising officer is within subsection (5)(a) to (c)—

i

by a member of the officer's police force; or

ii

in a case where the chief officer of police of that force (“the authorising force”) has made an agreement under section 23(1) of the Police Act 1996 with the chief officer of police of one or more other police forces, by a member of a collaborative force;

a

if the authorising officer is within F230subsection (5)(d) 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 F125Royal Navy Police, the Royal Military Police or the Royal Air Force Police;

F84b

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 F169an officer of Revenue and CustomsF62, or

e

if the authorising officer is within subsection (5)(i), by an officer of the Office of Fair Trading.

F117f

if the authorising officer is within subsection (5)(j), by a police member of the Scottish Crime and Drug Enforcement Agency appointed in accordance with paragraph 7 of schedule 2 to the Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10).

F2273A

For the purposes of subsection (3)(za)(ii)—

a

a police force is a collaborative force if—

i

its chief officer of police is a party to the agreement mentioned in that provision; and

ii

its members are permitted by the terms of the agreement to make applications for authorisations under this section to the authorising officer of the authorising force; and

b

a reference to a police force is to the following—

i

any police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London);

ii

the metropolitan police force; and

iii

the City of London police force.

F2683B

In the case of a joint operation, an authorising officer mentioned in subsection (3C) may authorise a person mentioned in subsection (3D) to take such action as is referred to in subsection (1).

3C

Those authorising officers are—

a

the chief constable of a police force—

i

maintained under or by virtue of section 1 of the Police (Scotland) Act 1967, and

ii

involved in the joint operation,

b

where the Scottish Crime and Drug Enforcement Agency is involved in the joint operation, the Director General or Deputy Director General of that Agency.

3D

The persons who may be authorised under subsection (1) are—

a

a constable of any of the police forces involved in the joint operation (whether or not the authorised action is to be carried out in the area of operation of the constable's police force),

b

where the joint operation falls within paragraph (b) of subsection (3C), a police member of the Scottish Crime and Drug Enforcement Agency.

3E

In subsection (3B), “joint operation” means a case involving—

a

at least two police forces in Scotland working together, or

b

at least one police force in Scotland and the Scottish Crime and Drug Enforcement Agency working together.

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 M3Customs 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 M4Police Act 1996 (maintenance of police forces for areas in England and Wales except London);

b

the Commissioner, or an Assistant Commissioner, of Police of the Metropolis;

c

the Commissioner of Police for the City of London;

d

the chief constable of a police force maintained under or by virtue of section 1 of the M5Police (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 F126Royal Navy Police;

ec

the Provost Marshal of the Royal Military Police;

ed

the Provost Marshal of the Royal Air Force Police;

ee

the Chief Constable of the F69British Transport Police;

F85f

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;

F170h

an officer of Revenue and Customs who is a senior official within the meaning of the Regulation of Investigatory Powers Act 2000 and who is designated for the purposes of this paragraph by the Commissioners for Her Majesty's Revenue and Customs;

F171i

the chairman of the Office of Fair Trading.

F118j

the Director General F269, or Deputy Director General, of the Scottish Crime and Drug Enforcement Agency.

6

In this section “relevant area”—

a

in relation to a person within paragraph (a), (b) or (c) of subsection (5) F231to whom an application is made by virtue of subsection (3)(za)(i), means the area in England and Wales for which his police force is maintained;

F229aa

in relation to a person within any of those paragraphs to whom an application is made by virtue of subsection (3)(za)(ii), means the area in England and Wales—

i

for which any collaborative force (within the meaning of subsection (3A)) is maintained; and

ii

which is specified in relation to members of that force in the agreement mentioned in subsection (3)(za)(ii);

b

in relation to a person within paragraph (d) of F232subsection (5) 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;

F19ca

in relation to a person within paragraph (ea), means any place where, under section 2 of the M6Ministry 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;

F119cc

in relation to the Director General F270, or Deputy Director General, of the Scottish Crime and Drug Enforcement Agency, means Scotland,

F86d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F87e

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20f

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and in each case includes the adjacent United Kingdom waters.

F216A

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 F224who is subject to service law or is a civilian subject to service discipline; or

b

the action is taken in relation to the use of wireless telegraphy by such a person.

F2256B

In subsection (6A) “subject to service law” and “civilian subject to service discipline” have the same meanings as in the Armed Forces Act 2006.

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.

C4C1394 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

if the authorising officer is within paragraph (b) F88 , (e) or (f) of section 93(5), it is also not reasonably practicable for the application to be considered by any of the other persons within the paragraph concerned; F22. . . F90or

b

if the authorising officer is within paragraph (a), (c) F91or (d) of section 93(5), it is also not reasonably practicable for the application to be considered by his designated deputy F92 ...

F92c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 F23Police Service of Northern Ireland;

F24da

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 F127Royal Navy Police;

dc

where the authorising officer is within paragraph (ec) or (ed) of that subsection, by a person holding the position of deputy Provost Marshal in the Royal Military Police or, as the case may be, in the Royal Air Force Police;

dd

where the authorising officer is within paragraph (ee) of that subsection, by a person holding the rank of deputy or assistant chief constable in the F70British Transport Police;

F89e

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, F172by an officer of Revenue and Customs who is a senior official within the meaning of the Regulation of Investigatory Powers Act 2000 and who is designated by the Commissioners for Her Majesty's Revenue and Customs for the purposes of this section.

F63g

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.

F121h

where the authorising officer is within paragraph (j) of that subsection, by a person mentioned in subsection (5) F272or, as the case may be, subsection (6).

F933

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

In subsection (1), “designated deputy”—

F113a

in the case of an authorising officer within paragraph (a) of section 93(5), means—

i

the person who is the appropriate deputy chief constable for the purposes of section 12A(1) of the Police Act 1996, or

ii

the person holding the rank of assistant chief constable designated to act under section 12A(2) of that Act;

F122aa

in the case of an authorising officer within paragraph (d) of section 93(5), means the person holding the rank of—

i

deputy chief constable and, where there is more than one person in a police force who holds that rank, who is designated as the officer having the powers and duties conferred on a deputy chief constable by section 5A(1) of the Police (Scotland) Act 1967; or

ii

assistant chief constable who is designated to act under section 5A(2) of that Act;

b

in the case of an authorising officer within paragraph (c) of section 93(5), means the person authorised to act F25. . . under section 25 of the M7City of London Police Act 1839; F26. . .

F94c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1205

F273Where the case is not a joint operation, the person referred to in subsection (2)(h) is—

a

the chief constable whose relevant area (within the meaning of section 93(6)(b)) is the area to which the application for authorisation relates; or

b

his designated deputy (within the meaning of subsection (4)(aa)); or

c

where it is not reasonably practicable for the chief constable or his designated deputy to consider the application, a person holding the rank of assistant chief constable in the chief constable's police force.

F2716

Where the case is a joint operation, the person referred to in subsection (2)(h) is the chief constable of a police force involved in the joint operation in the relevant area.

7

In subsections (5) and (6)—

  • “joint operation” has the meaning given by section 93(3E), and

  • “relevant area” means the area—

    1. a

      for which the police forces involved in the joint operation are maintained, and

    2. b

      to which the application for authorisation relates.

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 F27the 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 F27the authorisation is one in relation to which the requirements of paragraphs (a) and (b) of section 93(2) are no longer satisfied.

6

If the authorising officer who gave the authorisation is within paragraph (b) F28, (e) F95or (f) of section 93(5), the power conferred on that person by subsections (3) and (4) above shall also be exercisable by each of the other persons within the paragraph concerned.

7

Nothing in this section shall prevent a designated deputy from exercising the powers conferred on an authorising officer within paragraph (a), (c) F96F123or (d)F123(d) or (j) 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.

Annotations:
Commencement Information
I3

S. 96 wholly in force at 22.2.1999; s. 96 not in force at Royal Assent see s. 135; s. 96 in force for certain purposes at 1.9.1997 by S.I. 1997/1930, art. 2(with art. 2(3)); s. 96 in force at 22.2.1999 insofar as not already in force by S.I. 1999/151, art. 2

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 F29. . ..

F306A

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) F97or (e) of section 93(5), as a reference to the Commissioner of Police F98or, as the case may be, Chief Constable mentioned in the paragraph concerned.

F996B

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 M8Offices, 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

F31101. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Complaints etc.

F32102. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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;

F33and 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;

F34g

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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), F35. . .

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), F35. . .

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), F35. . .

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, F36. . .

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, F37and

ii

to the Commissioner against whose refusal, decision or determination the appeal was made, F38. . .

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) F100or (d) of section 93(5).

F39106. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General

107 Supplementary provisions relating to Commissioners.

1

The Chief Commissioner shall keep under review the performance of functions under this Part.

2

The Chief Commissioner shall make an annual report on F40the matters with which he is concerned to the Prime Minister F41and to the Scottish Ministers and may at any time report to him F41or them (as the case may require) on F40anything relating to any of those matters.

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.

F423A

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 F43and the Scottish Ministers, that the publication of that matter in the report would be prejudicial to F44any 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 F274local policing body or police authority,

b

the functions of the F101Serious Organised Crime Agency, or

F124ba

the functions of the Scottish Crime and Drug Enforcement Agency;

c

the duties of F173the Commissioners for Her Majesty's Revenue and Customs.

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.

F455A

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 M9Human Rights Act 1998 (acts of public authorities) other than a court or tribunal.

F466

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

108 Interpretation of Part III.

C261

In this Part—

  • F47“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 F226proceedings (whether or not before a court) in respect of a service offence within the meaning of the Armed Forces Act 2006;

  • F174...

  • “designated deputy” has the meaning given in section 94(4);

  • “United Kingdom waters” has the meaning given in section 30(5) of the M10Police Act 1996; and

  • “wireless telegraphy” has the same meaning as in F115the Wireless Telegraphy Act 2006 and, in relation to wireless telegraphy, “interfere” has the same meaning as in that Act.

2

Where, under this Part, notice of any matter is required to be given in writing, the notice may be transmitted by electronic means.

3

For the purposes of this Part, an authorisation (or renewal) given—

a

by the designated deputy of an authorising officer, or

b

by a person on whom an authorising officer’s powers are conferred by section 94,

shall be treated as an authorisation (or renewal) given in the absence of the authorising officer concerned; and references to the authorising officer in whose absence an authorisation (or renewal) was given shall be construed accordingly.

Part IV Police Information Technology Organisation

F116109 Police Information Technology Organisation.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F116110 Relationship between the Organisation and the Secretary of State.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F116111 Interpretation of Part IV.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C11C32C15C14C27C28C29 Part V Certificates of Criminal Records, &c.

Annotations:
Modifications etc. (not altering text)
C11

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)

C32

Pt. 5 explained (7.7.2008 for specified purposes, 3.3.2011 for specified purposes, 10.3.2015 in so far as not already in force) by Data Protection Act 1998 (c. 29), s. 56(4) (as amended (19.5.2008) by 2006 c. 47, ss. 63, 65, Sch. 9 para. 15(3) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2008/1320, art. 3; S.I. 2008/1592, art. 2; S.I. 2011/601, art. 2; S.I. 2015/312, art. 2)

C27

Pt. 5 extended in part (Guernsey) (with modifications) (10.12.2009) by The Police Act 1997 (Criminal Records) (Guernsey) Order 2009 (S.I. 2009/3215), arts. 1(2), 3, Sch. 1, Sch. 3 (with arts. 1(3), 6-8)

C28

Pt. V extended in part (Jersey) (with modifications) (18.3.2010) by The Police Act 1997 (Criminal Records) (Jersey) Order 2010 (S.I. 2010/765), arts. 1(2), 3, Schs. 1, 3 (with arts. 1(3), 6-8)

C29

Pt. V extended in part (Isle of Man) (with modifications) (18.3.2010) by The Police Act 1997 (Criminal Records) (Isle of Man) Order 2010 (S.I. 2010/764), arts. 1(2), 3, Schs. 1, 3 (with arts. 1(3), 6-8)

I4I34112 Criminal conviction certificates.

1

F353The Secretary of StateF353DBS shall issue a criminal conviction certificate to any individual who—

a

makes an application F156...,

F297aa

is aged 16 or over at the time of making the application, and

b

F72pays any fee that is payable in relation to the application under regulations made by the Secretary of State.

F72pays in the prescribed manner any prescribed fee

2

A criminal conviction certificate is a certificate which—

a

gives the prescribed details of every conviction F298or conditional caution of the applicant which is recorded in central records, or

b

states that there F299is no such convictionF299are no such convictions and conditional cautions.

3

In this section—

  • “central records” means such records of convictions F184and conditional cautions held for the use of police forces generally as may be prescribed;

  • F185“conditional caution” means a caution given under section 22 of the Criminal Justice Act 2003 (c. 44) or section 66A of the Crime and Disorder Act 1998, other than one that is spent for the purposes of Schedule 2 to the Rehabilitation of Offenders Act 1974.

  • “conviction” means a conviction within the meaning of the M11Rehabilitation of Offenders Act 1974, other than a spent conviction.

4

Where an applicant has received a criminal conviction certificate, F354the Secretary of StateF354DBS may refuse to issue another certificate to that applicant during such period as may be prescribed.

F111113 Criminal record certificates.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I35113AF175Criminal record certificates

C301

F355The Secretary of StateF355DBS must issue a criminal record certificate to any individual who—

C16a

makes an application F157...,

F300aa

is aged 16 or over at the time of making the application, and

b

pays in the prescribed manner any prescribed fee.

2

The application must—

a

be countersigned by a registered person, and

b

be accompanied by a statement by the registered person that the certificate is required for the purposes of an exempted question.

F1922A

But an application for a criminal record certificate need not be countersigned by a registered person if—

a

the application is transmitted to F356the Secretary of StateF356DBS electronically by a registered person who satisfies conditions determined by F356the Secretary of StateF356DBS, and

b

it is transmitted in accordance with requirements determined by F356the Secretary of StateF356DBS.

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, F242or

b

states that there is no such matter.

F242(or states that there is no such matter); and

b

if the applicant is subject to notification requirements under Part 2 of the Sexual Offences Act 2003 (c. 42), states that fact.

4

F357The Secretary of StateF357DBS must send a copy of a criminal record certificate to F194the registered person who countersignedF194whoever acted as the registered person in relation to the application.

5

F359The Secretary of StateF359DBS may treat an application under this section as an application under section 113B if—

a

in F360hisF360its opinion the certificate is required for a purpose prescribed under subsection (2) of that section,

b

the registered person provides F361himF361it with the statement required by that subsection, and

c

the applicant consents and pays to F359the Secretary of StateF359DBS 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.

F2415A

The Scottish Ministers need not issue a criminal record certificate under subsection (1) if the statement accompanying the application states that the purpose for which the certificate is required is the purpose mentioned in disclosure condition C (set out in section 55 of the Protection of Vulnerable Groups (Scotland) Act 2007) (asp 14)).

6

In this section—

  • “central records” means such records of convictions F243and cautionsF243, cautions or other information held for the use of police forces generally as may be prescribed;

  • “exempted question” means a question F186which—

    1. a

      so far as it applies to convictions, is a question in relation to which section 4(2)(a) or (b) of the Rehabilitation of Offenders Act 1974 (effect of rehabilitation) has been excluded by an order of the Secretary of State under section 4(4) of that Act; F187and—

    2. b

      so far as it applies to cautions, is a question to which paragraph 3(3) or (4) of Schedule 2 to that Act has been excluded by an order of the Secretary of State under paragraph 4 of that Schedule;

  • “relevant matter” means—

    1. a

      a conviction within the meaning of the Rehabilitation of Offenders Act 1974, including a spent conviction, F244and

    2. b

      a caution F188, including a caution that is spent for the purposes of Schedule 2 to that ActF337but excluding a disregarded caution within the meaning of Chapter 4 of Part 5 of the Protection of Freedoms Act 2012F245and

    3. c

      a prescribed court order.

F2167

The Secretary of State may by order amend the definitions of “central records” and “relevant matter” in subsection (6).

8

The power to make an order under subsection (7) is exercisable by statutory instrument, but no such order may be made unless a draft of the instrument containing the order is laid before and approved by resolution of each House of Parliament.

F1939

For the purposes of this Part a person acts as the registered person in relation to an application for a criminal record certificate if the person—

a

countersigns the application, or

b

transmits the application to F358the Secretary of StateF358DBS under subsection (2A).

F30110

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I36C31113BEnhanced criminal record certificates

1

F362The Secretary of StateF362DBS must issue an enhanced criminal record certificate to any individual who—

C17a

makes an application F159...,

F303aa

is aged 16 or over at the time of making the application, and

b

pays in the prescribed manner any prescribed fee.

2

The application must—

a

be countersigned by a registered person, and

b

be accompanied by a statement by the registered person that the certificate is required F217for the purposes of an exempted question asked for a prescribed purpose.

F1952A

But an application for an enhanced criminal record certificate need not be countersigned by a registered person if—

a

the application is transmitted to F363the Secretary of StateF363DBS electronically by a registered person who satisfies conditions determined by F363the Secretary of StateF363DBS, and

b

it is transmitted in accordance with requirements determined by F363the Secretary of StateF363DBS.

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), F246or

b

states that there is no such matter or information.

F246(or states that there is no such matter or information), and

b

if the applicant is subject to notification requirements under Part 2 of the Sexual Offences Act 2003 (c.42), states that fact.

4

Before issuing an enhanced criminal record certificate F365the Secretary of StateF365DBS must request F306the chief officer of every relevant police forceF306any relevant chief officer to provide any information which F307, in the chief officer's opinion—

a

F308mightF308the chief officer reasonably believes to be relevant for the purpose described in the statement under subsection (2), and

b

F309in the chief officer's opinion, ought to be included in the certificate.

F3024A

In exercising functions under subsection (4) a relevant chief officer must have regard to any guidance for the time being published by the Secretary of State.

5

F304The 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.

F1605A

The Scottish Ministers must pay to such body as may be prescribed such fee as they think appropriate for information received from the chief officer of a body mentioned in subsection (10)(j) to (m) as a result of a request under subsection (4) or (5).

6

F304The Secretary of State must send to F197the registered person who countersignedF197whoever acted as the registered person in relation to the application—

a

a copy of the enhanced criminal record certificate, and

b

any information provided in accordance with subsection (5).

7

F367The Secretary of StateF367DBS may treat an application under this section as an application under section 113A if in F368hisF368its opinion the certificate is not required for a purpose prescribed under subsection (2).

8

If by virtue of subsection (7) F369the Secretary of StateF369DBS treats an application under this section as an application under section 113A, F370heF370it 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;

  • F310“relevant chief officer” means any chief officer of a police force who is identified by F366DBS for the purposes of making a request under subsection (4).

  • F311“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—

F128a

the Royal Navy 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).

F19612

For the purposes of this Part a person acts as the registered person in relation to an application for an enhanced criminal record certificate if the person—

a

countersigns the application, or

b

transmits the application to F364DBS under subsection (2A).

F30513

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C23C19113BAF215Suitability information relating to children

1

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

2

Suitability information relating to children is—

a

whether the applicant is barred from regulated activity relating to children;

F296b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F296c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F296d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F218e

whether the applicant is subject to a direction under section 167A of the Education Act 2002 (prohibition on participation in management of independent school).

3

Expressions used in this section and in the 2006 Act have the same meaning in this section as in that Act, except that “prescribed” must be construed in accordance with section 125 of this Act.

4

“The 2006 Act” means the Safeguarding Vulnerable Groups Act 2006.

113BAF239Information held outside the United Kingdom

1

The Scottish Ministers may by order made by statutory instrument amend the definition of—

a

“criminal conviction certificate” in section 112(2),

b

“central records” in sections 112(3) and 113A(6),

c

“criminal record certificate” in section 113A(3),

d

“relevant matter” in section 113A(6),

e

“enhanced criminal record certificate” in section 113B(3).

2

An order under subsection (1) may be made only for the purposes of, or in connection with, enabling certificates issued under this Part to include details of information held outside the United Kingdom.

3

No order may be made under subsection (1) unless a draft of the statutory instrument containing the order has been laid before, and approved by resolution of, the Scottish Parliament.

C24C20113BBF215Suitability information relating to vulnerable adults

1

In such cases as are prescribed, an enhanced criminal record certificate must also include suitability information relating to vulnerable adults.

2

Suitability information relating to vulnerable adults is —

a

whether the applicant is barred from regulated activity relating to vulnerable adults;

F312b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F312c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F312d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

Expressions used in this section and in the 2006 Act have the same meaning in this section as in that Act, except that “prescribed” must be construed in accordance with section 125 of this Act.

4

“The 2006 Act” means the Safeguarding Vulnerable Groups Act 2006.

113BCSuitability information: power to amend

1

The Secretary of State may by order made by statutory instrument—

a

amend section 113BA for the purpose of altering the meaning of suitability information relating to children;

b

amend section 113BB for the purpose of altering the meaning of suitability information relating to vulnerable adults F313;

c

amend section 120AC(4)(b) in consequence of an order made under paragraph (a) or (b).

2

Such an order is subject to annulment in pursuance of a resolution of either House of Parliament.

113CAF238Suitability information relating to children

1

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

2

Suitability information relating to children is—

a

whether the applicant is barred from regulated work with children;

b

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

c

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

F247d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F248e

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

i

the date of that order; and

ii

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

f

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

i

the date of that order; and

ii

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

g

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

i

the prohibitions described in that order;

ii

the date of that order;

iii

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

iv

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

h

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

i

the prohibitions described in that order;

ii

the date of that order;

iii

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

iv

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

i

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

i

the prohibitions specified in that order;

ii

the date of that order;

iii

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

iv

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

j

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

i

the prohibitions described in that order;

ii

the date of that order;

iii

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

iv

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

k

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

i

the prohibitions described in that order;

ii

the date of that order;

iii

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

iv

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

l

if a risk of sexual harm order, made under section 2(6) of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, is in effect in respect of the applicant—

i

the prohibitions described in that order;

ii

the date of that order;

iii

the period for which that order has effect by virtue of section 2(7)(b) of that Act; and

iv

details as to whether that order has been varied or renewed under section 4(3) of that Act;

m

if an interim risk of sexual harm order, made under section 5(3) of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, is in effect in respect of the applicant—

i

the prohibitions described in that order;

ii

the date of that order;

iii

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

iv

details as to whether that order has been varied or renewed under section 5(6) of that Act.

113CBSuitability information relating to protected adults

1

In such cases as are prescribed, an enhanced criminal record certificate must also include suitability information relating to protected adults.

2

Suitability information relating to protected adults is—

a

whether the applicant is barred from regulated work with adults;

b

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

c

whether the Scottish Ministers are considering whether to list the individual in the adults' list;

F249d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F250e

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

i

the date of that order; and

ii

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

f

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

i

the date of that order; and

ii

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

g

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

i

the prohibitions described in that order;

ii

the date of that order;

iii

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

iv

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

h

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

i

the prohibitions described in that order;

ii

the date of that order;

iii

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

iv

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

i

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

i

the prohibitions specified in that order;

ii

the date of that order;

iii

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

iv

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

j

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

i

the prohibitions described in that order;

ii

the date of that order;

iii

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

iv

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

k

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

i

the prohibitions described in that order;

ii

the date of that order;

iii

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

iv

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

l

if a risk of sexual harm order, made under section 2(6) of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, is in effect in respect of the applicant—

i

the prohibitions described in that order;

ii

the date of that order;

iii

the period for which that order has effect by virtue of section 2(7)(b) of that Act; and

iv

details as to whether that order has been varied or renewed under section 4(3) of that Act;

m

if an interim risk of sexual harm order, made under section 5(3) of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, is in effect in respect of the applicant—

i

the prohibitions described in that order;

ii

the date of that order;

iii

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

iv

details as to whether that order has been varied or renewed under section 5(6) of that Act.

113CCSuitability information: supplementary

1

The Scottish Ministers may by order made by statutory instrument—

a

amend section 113CA for the purpose of altering the meaning of suitability information relating to children;

b

amend section 113CB for the purpose of altering the meaning of suitability information relating to protected adults.

2

Such an order is subject to annulment in pursuance of a resolution of the Scottish Parliament.

3

Expressions used in sections 113CA and 113CB and in the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14) have the same meaning in those sections as in that Act, except that “prescribed” must be construed in accordance with section 125 of this Act.

F240113CCriminal record certificates: suitability relating to children

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F240113DCriminal record certificates: suitability relating to adults

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C36C35F434F240113ECriminal 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

F371The Secretary of StateF371DBS 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

F372The Secretary of StateF372DBS 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.

F240113FCriminal record certificates: supplementary

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I5I37114 Criminal record certificates: Crown employment.

1

F373The Secretary of StateF373DBS shall issue a criminal record certificate to any individual who—

a

makes an application under this section F158...,

F315aa

is aged 16 or over at the time of making the application, and

b

F73pays any fee that is payable in relation to the application under regulations made by the Secretary of State.

F73pays in the prescribed manner any prescribed fee

2

An application under this section must be accompanied by a statement by F252a Minister of the CrownF252a person mentioned in subsection (2A) that the certificate is required for the purposes of an exempted question asked in the course of considering the applicant’s suitability for an appointment by or under the Crown.

F2512A

Any of the following persons may make a statement for the purposes of subsection (2)—

a

a Minister of the Crown;

b

a member of the Scottish Executive;

c

any other office-holder in the Scottish Administration; or

d

a nominee of any person mentioned in paragraphs (a) to (c).

3

F314F219Section 113A(3) to (6)F314Sections 113A(3) to (6), 120AC and 120AD shall apply in relation to this section with any necessary modifications.

F112E2115 Enhanced criminal record certificates.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F112E3115 Enhanced criminal record certificates.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:
Extent Information
E3

This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland only

I6I38C25C33C34116 Enhanced criminal record certificates: judicial appointments and Crown employment.

1

F374The Secretary of StateF374DBS shall issue an enhanced criminal record certificate to any individual who—

a

makes an application under this section F161...,

F317aa

is aged 16 or over at the time of making the application, and

b

F74pays any fee that is payable in relation to the application under regulations made by the Secretary of State.

F74pays in the prescribed manner any prescribed fee

2

An application under this section must be accompanied by a statement by F254a Minister of the Crown, or a person nominated by a Minister of the Crown,F254a person mentioned in subsection (2A) that the certificate is required for the purposes of an exempted question asked in the course of considering the applicant’s suitability for—

a

a judicial appointment, or

b

an appointment by or under the Crown to a position F183to which subsection (3) or (4) of section 115 appliesF183of such description as may be prescribed.

F2532A

Any of the following persons may make a statement for the purposes of subsection (2)—

a

a Minister of the Crown;

b

a member of the Scottish Executive;

c

any other office-holder in the Scottish Administration; or

d

a nominee of any person mentioned in paragraphs (a) to (c).

3

F180Sections 113B(3) to (11) and F316F435113BA to 113BCF316, 113BA to 113BC, 120AC and 120ADF255113CA to 113CC shall apply in relation to this section with any necessary modifications.

I7I39117 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 F162in writing to F375the Secretary of StateF375DBS for a new certificate.

F3181A

Where any person other than the applicant believes that the information contained in a certificate under any of sections 112 to 116 is inaccurate, that person may make an application in writing to F376DBS for a decision as to whether or not the information is inaccurate.

2

F377The Secretary of StateF377DBS shall consider any application under this section; and where F378heF378it is of the opinion that the information in the certificate is inaccurate F378heF378it shall issue a new certificate.

F1633

An application under this section may, in particular, request a review of any information contained in a certificate by virtue of section 113B(4).

4

The Scottish Ministers, on receiving such a request, must ask the chief officer of the relevant police force who provided that information to reconsider whether the chief officer still thinks that the information concerned might be relevant for the purpose in respect of which it was requested.

117AF284Other disputes about section 113B(4) information

1

Subsection (2) applies if a person believes that information provided in accordance with section 113B(4) and included in a certificate under section 113B or 116 —

a

is not relevant for the purpose described in the statement under section 113B(2) or (as the case may be) 116(2), or

b

ought not to be included in the certificate.

2

The person may apply in writing to the independent monitor appointed under section 119B for a decision as to whether the information is information which falls within subsection (1)(a) or (b) above.

3

The independent monitor, on receiving such an application, must ask such chief officer of a police force as the independent monitor considers appropriate to review whether the information concerned is information which—

a

the chief officer reasonably believes to be relevant for the purpose described in the statement under section 113B(2) or (as the case may be) 116(2), and

b

in the chief officer's opinion, ought to be included in the certificate.

4

In exercising functions under subsection (3), the chief officer concerned must have regard to any guidance for the time being published under section 113B(4A).

5

If, following a review under subsection (3), the independent monitor considers that any of the information concerned is information which falls within subsection (1)(a) or (b)—

a

the independent monitor must inform F379DBS of that fact, and

b

on being so informed, F379DBS must issue a new certificate.

6

In issuing such a certificate, F380DBS must proceed as if the information which falls within subsection (1)(a) or (b) had not been provided under section 113B(4).

7

In deciding for the purposes of this section whether information is information which falls within subsection (1)(a) or (b), the independent monitor must have regard to any guidance for the time being published under section 113B(4A).

8

Subsections (10) and (11) of section 113B apply for the purposes of this section as they apply for the purposes of that section.

I8I40118 Evidence of identity.

1

F381The Secretary of StateF381DBS may refuse to issue a certificate under this Part, or to consider an application under section 117 F319, 117AF176or 120, unless the application is supported by such evidence of identity as F382heF382it may require.

2

In particular, F384the Secretary of StateF384DBS 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.

F1772A

For the purpose of verifying evidence of identity supplied in pursuance of subsection (1) F436the Secretary of StateF436DBS may obtain such information as F383heF383it thinks is appropriate from data held—

a

by the F164United Kingdom Passport AgencyF164Identity and Passport Service;

b

by the Driver and Vehicle Licensing Agency;

c

by Driver and Vehicle Licensing Northern Ireland;

d

by the Secretary of State in connection with keeping records of national insurance numbers;

e

by such other persons or for such purposes as is prescribed.

F1652B

The Scottish Ministers may require an applicant to have fingerprints taken under subsection (2) only if they are not satisfied by other evidence provided under subsection (1) as to the applicant's identity.

F1663

Regulations dealing with the taking of fingerprints may make provision requiring their destruction in specified circumstances and by specified persons.

F1663

The Scottish Ministers must arrange the destruction of any fingerprints taken in pursuance of subsection (2) as soon as reasonably practicable after they have been used for the purpose mentioned in subsection (1).

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 F320or 117A where a new certificate is issued.

I9I41C21119 Sources of information.

1

Any person who holds records of convictions F256or cautionsF256, cautions or other information for the use of police forces generally shall make those records available to F387the Secretary of StateF387DBSF64for the purposes of an application F65(whether for a certificate or for registration) under this Part.F64for the purpose of enabling F388himF388it to carry out F220his 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.

F220a relevant function

F3861ZA

Any person who holds records of convictions or cautions for the use of police forces generally must make those records available to the Disclosure and Barring Service for the purpose of enabling it to carry out its functions under paragraph 1, 2, 7 or 8 of Schedule 1 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007.

F3211A

F390The Secretary of State may require the F389Disclosure and Barring Service to make available specified information for the purpose of enabling the Secretary of State to carry out functions under this Part in relation to—

a

any application for a certificate or for registration; or

b

the determination of whether a person should continue to be a registered person.

F2221B

F393The Secretary of StateF393DBS may require the chief officer of a police force to make available such information as F394heF394it may specify for the purpose of F323determining, in relation to applications under section 113B, whether the police force is a relevant police forceF323deciding whether to make a request to that chief officer under section 113B(4).

2

Where the chief officer of a police force receives a request under section F108113B or 116 F322... he shall comply with it as soon as practicable.

3

F391The Secretary of StateF391DBS shall pay to the appropriate F275local policing body or police authority, F48... F178such fee as F392heF392the Secretary of State thinks appropriate for information provided in accordance with F66subsection (2)F66section 120A(4) or subsection (2) of this section.

4

Any person who holds records of fingerprints for the use of police forces generally shall make those records available to F396the Secretary of StateF396DBSF64for the purposes of an application under this Part.F64for the purpose of enabling F397himF397it to carry out F398hisF398its 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.

F3854A

DBS may require the Secretary of State to provide it with the information and advice specified in section 113CD(2) to (6) for the purpose of enabling DBS to carry out its functions under section 113CD.

5

No proceedings shall lie against F400the Secretary of StateF400DBSF402or the Disclosure and Barring Service by reason of an inaccuracy in the information made available or provided to F401himF401itF403or it in accordance with this section.

F1796

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 F276local policing body or police authority must be construed as a reference to such body as is prescribed.

F2218

In this section a relevant function is a function of F395the Secretary of StateF395DBS—

a

under this Part in relation to any application for a certificate or for registration;

b

under this Part in relation to the determination of whether a person should continue to be a registered person;

F324c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

d

F399under paragraph 1, 2, 7 or 8 of Schedule 3 to F325the Safeguarding Vulnerable Groups Act 2006 (considering whether criteria prescribed for the purpose of that paragraph apply to an individual).

119AF77Further sources of information: Scotland

1

Any person who holds, in Scotland, records of convictions F259or other information for the use of police forces generally shall make those records available to the Scottish Ministers for the purpose of enabling them to carry out their functions under this Part in relation to the determination of whether a person should continue to be a person registered under section 120.

2

Where a person holds records of convictions F257, cautions or other information for the use of police forces generally (but is not required by subsection (1) or section 119(1) to make those records available to the Scottish Ministers) the Scottish Ministers may request that person to make those records available to them F258... .

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.

119BF189Independent monitor

1

There is to be an independent monitor for the purposes of this Part.

2

The independent monitor is a person appointed by the Secretary of State—

a

for such period, not exceeding three years, as the Secretary of State decides;

b

on such terms as the Secretary of State decides.

3

A person may be appointed for a further period or periods.

4

The Secretary of State may terminate the appointment of the independent monitor before the end of the period mentioned in subsection (2)(a) by giving the monitor notice of the termination not less than three months before it is to take effect.

F2354A

Before appointing a person to be the independent monitor, or terminating the appointment of the independent monitor, the Secretary of State must consult the Department of Justice in Northern Ireland.

5

The independent monitor must review—

a

F328all cases in which information is disclosed to a registered person in pursuance of section 113B(6)(b);

b

a sample of cases in which a certificate issued under section 113B has included information in pursuance of subsection (4)(b) of that section;

c

a sample of cases in which the chief officer of a police force has decided that information must not be included in a certificate or report in pursuance of section 113B(4)(b) F329or disclosed in pursuance of section 113B(5)(c) and (6)(b);

F327d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F327e

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

The purpose of a review under subsection (5) is to ensure compliance with Article 8 of the European Convention of Human Rights.

7

The independent monitor must in relation to each year make a report to the Secretary of State about the performance of police forces in exercising their functions under this Part.

8

The independent monitor may make recommendations to the Secretary of State as to—

a

any guidance issued by the Secretary of State or which the monitor thinks it would be appropriate for the Secretary of State to issue;

b

any changes to any enactment which the monitor thinks may be appropriate.

F3268A

The independent monitor has the functions conferred on the monitor by section 117A.

9

The chief officer of a police force must provide to the independent monitor such information as the monitor reasonably requires in connection with the exercise of his functions under this section F330or section 117A.

C9I10I21120 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 F338the Secretary of StateF338DBS for the purposes of this Part.

F1432

F285Subject to regulations under section 120ZA and 120AA and to section 120A theF339F285The Secretary of StateF339DBS shall include in the register any person who—

a

applies to F350himF350it in writing to be registered, F286and

b

satisfies the conditions in subsections (4) to (6), F287and

c

has not in the period of two years ending with the date of the application been removed from the register under section 120A or 120AA.

F2882A

Subsection (2) is subject to—

a

regulations under section 120ZA,

b

section 120A, and

c

section 120AA and regulations made under that section.

F1443

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

A person applying for registration under this section must be—

a

a body corporate or unincorporate,

b

a person F281who is appointed to an office by virtue of any enactment F282and who, in the case of an individual, is aged 18 or over, or

c

an individual F283aged 18 or over who employs others in the course of a business.

5

A body applying for registration under this section must satisfy F340the Secretary of StateF340DBS that it—

a

is likely to ask exempted questions, or

b

is likely to F201countersignF201act as the registered person in relation to applications under section F131113A 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 F341the Secretary of StateF341DBS that he is likely to ask exempted questions.

7

In this section “exempted question” has the same meaning as in section F132113A.

E1I11120 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 F78section 120A and regulations under subsection (3), the Secretary of State shall include in the register any person who applies to him F155... 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,

F79aa

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 F130113A 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 F131113A 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 F132113A.

I25120ZAF147Regulations 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 F206or the transmitting of applications under section 113A(2A) or 113B(2A), and

e

the refusal by F426the Secretary of StateF426DBS, 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 F427the Secretary of StateF427DBS thinks fit, and

b

for F427the Secretary of StateF427DBS 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 F207he countersignsF207acting as the registered person in relation to an application at an individual’s request, to verify the identity of that individual in the prescribed manner,

b

requiring an application under section F109113A or 113B to be transmitted by electronic means to F425the Secretary of StateF425DBS by the F205registered person who countersigns itF205person who acts as the registered person in relation to the application, and

c

requiring a registered person to comply with any code of practice for the time being in force under section 122.

120ZBF236Regulations about registration

1

The Scottish Ministers may by regulations make further provision about registration.

2

Regulations under this section may in particular make provision for—

a

the payment of fees;

b

the information to be included in the register;

c

the registration of any person to be subject to conditions;

d

the nomination by—

i

a body corporate or unincorporated; or

ii

a person appointed to an office by virtue of an enactment, whether that body or person is registered or applying to be registered,

of an individual to act for the body or, as the case may be, person in relation to disclosure applications;

e

the refusal by the Scottish Ministers, on such grounds as may be specified in or determined under the regulations, to accept or to continue to accept any nomination made by virtue of this section;

f

the refusal by the Scottish Ministers to include persons who, in the opinion of the Scottish Ministers, are likely to act in relation to fewer disclosure applications in any period of 12 months than a minimum number specified in the regulations;

g

the removal from the register of persons who have, in any period of 12 months during which they were registered, acted in relation to fewer disclosure applications than the minimum number specified under paragraph (f);

h

the removal from the register of persons who are, in the opinion of the Scottish Ministers, no longer likely to wish to act in relation to disclosure applications;

i

the removal from the register of any person who has breached any condition of the person's registration; and

j

the period which must elapse before any person refused registration or removed from the register may apply to be included in the register.

F2372A

The provision which may be made by virtue of subsection (2)(a) includes in particular provision for—

a

the payment of fees in respect of applications to be listed in the register,

b

the payment of different fees in different circumstances,

c

annual or other recurring fees to be paid in respect of registration, and

d

such annual or other recurring fees to be paid in advance or in arrears.

2B

Where provision is made under subsection (2)(a) for a fee to be charged in respect of an application to be listed in the register, the Scottish Ministers need not consider the application unless the fee is paid.

3

The provision which may be made by virtue of subsection (2)(c) includes provision—

a

for the registration or continued registration of any person to be subject to prescribed conditions or, if the regulations so provide, such conditions as the Scottish Ministers think fit; and

b

for the Scottish Ministers to vary or revoke those conditions.

4

In subsection (2), references to acting in relation to disclosure applications are to be read as references to—

a

countersigning applications under section 113A or 113B; or

b

making declarations in relation to requests for disclosures under section 52 or 53 of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14).

I22C22C18120AE4F49 Refusal and cancellation of registration F145on grounds related to disclosure

1

F342The Secretary of StateF342DBS may refuse to include a person in the register maintained for the purposes of this Part if it appears to F351himF351it that the registration of that person is likely to make it possible for information to become available to an individual who, in F342The Secretary of State'sF342DBS's opinion, is not a suitable person to have access to that information.

2

F343The Secretary of StateF343DBS may remove a person from the register if it appears to F343the Secretary of StateF343DBS—

a

that the registration of that person is likely to make it possible for information to become available to an individual who, in F343the Secretary of State'sF343DBS'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.

C123

In determining for the purposes of this section whether an individual is a suitable person to have access to any information, F344the Secretary of StateF344DBS may have regard, in particular, to—

a

any information relating to that person which concerns a relevant matter;

F278b

any information relating to the person of a kind specified in subsection (3A);

c

any information provided to F344the Secretary of StateF344DBS under subsection (4).

F2793A

The information is—

a

whether the person is barred from regulated activity;

F291b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F291c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

d

whether the person is subject to a direction under section 167A of the Education Act 2002 (prohibition on participation in management of independent school).

F2923B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2923C

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3D

Expressions used in F293subsection (3A) and in the Safeguarding Vulnerable Groups Act 2006 have the same meaning in F294that subsection as in that Act F295....

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 F345the Secretary of StateF345DBS to provide F345the Secretary of StateF345DBS 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 F202the countersigning of applications by a particular applicant for registration or by a particular registered personF202a particular applicant for registration, or a particular registered person, acting as the registered person in relation to applications under this Part;

and

c

concerns a matter which F345the Secretary of StateF345DBS has notified to the chief officer to be a matter which, in the opinion of F345the Secretary of StateF345DBS, is relevant to the determination of the suitability of individuals for having access to the information that may be provided in consequence of F203the countersigning ofF203a person acting as the registered person in relation to applications under this Part.

5

In this section “relevant matter” has the same meaning as in section F133113A.

F1516

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.

F2907

The Secretary of State may by order made by statutory instrument amend subsection (3A) for the purpose of altering the information specified in that subsection.

8

Such an order is subject to annulment in pursuance of a resolution of either House of Parliament.

C18120AE6F76Refusal 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 F105113A);

b

whether that person is included in any list mentioned in section F106113C(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 F104such fee as they consider appropriate.

F1526

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.

F1077

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.

I23120AAF146Refusal, cancellation or suspension of registration on other grounds

1

Regulations may make provision enabling F404the Secretary of StateF404DBS in prescribed cases to refuse to register a person who, in the opinion of F404the Secretary of StateF404DBS, is likely to F198countersignF198act as the registered person in relation to fewer applications under this Part in any period of twelve months than a prescribed minimum number.

2

Subsection (3) applies where a registered person—

a

is, in the opinion of F405the Secretary of StateF405DBS, no longer likely to wish to F199countersignF199act as the registered person in relation to applications under this Part,

b

has, in any period of twelve months during which he was registered, F200countersignedF200acted as the registered person in relation to fewer applications under this Part than the minimum number specified in respect of him by regulations under subsection (1), or

c

has failed to comply with any condition of his registration.

3

Subject to section 120AB, F407the Secretary of StateF407DBS may—

a

suspend that person’s registration for such period not exceeding 6 months as F407the Secretary of StateF407DBS thinks fit, or

b

remove that person from the register.

F3314

Subsection (6) applies if an application is made under section 120 by an individual who—

a

has previously been a registered person; and

b

has been removed from the register (otherwise than at that individual's own request).

5

Subsection (6) also applies if an application is made under section 120 by a body corporate or unincorporate which—

a

has previously been a registered person; and

b

has been removed from the register (otherwise than at its own request).

6

F406The Secretary of StateF406DBS may refuse the application.

I24120ABProcedure for cancellation or suspension under section 120AA

1

Before cancelling or suspending a person’s registration by virtue of section 120AA, F409the Secretary of StateF409DBS must send F410himF410its written notice of his intention to do so.

2

Every such notice must—

a

give F411the Secretary of State’sF411DBS's reasons for proposing to cancel or suspend the registration, and

b

inform the person concerned of his right under subsection (3) to make representations.

3

A person who receives such a notice may, within 21 days of service, make representations in writing to F412the Secretary of StateF412DBS as to why the registration should not be cancelled or suspended.

4

After considering such representations, F413the Secretary of StateF413DBS must give the registered person written notice—

a

that at the end of a further period of six weeks beginning with the date of service, the person’s registration will be cancelled or suspended, or

b

that F416heF416it does not propose to take any further action.

5

If no representations are received within the period mentioned in subsection (3) F414the Secretary of StateF414DBS may cancel or suspend the person’s registration at the end of the period mentioned in that subsection.

6

Subsection (1) does not prevent F415the Secretary of StateF415DBS from imposing on the registered person a lesser sanction than that specified in the notice under that subsection.

7

Any notice under this section that is required to be given in writing may be given by being transmitted electronically.

8

This section does not apply where—

a

F408the Secretary of StateF408DBS is satisfied, in the case of a registered person other than a body, that the person has died or is incapable, by reason of physical or mental impairment, of F204countersigningF204acting as the registered person in relation to applications under this Part, or

b

the registered person has requested to be removed from the register.

9

The Secretary of State may by regulations amend subsection (4)(a) by substituting for the period there specified, such other period as may be specified in the regulations.

120ACF280Registered persons: information on progress of an application

1

F417DBS must, in response to a request from a person who is acting as the registered person in relation to an application under section 113A or 113B, inform that person whether or not a certificate has been issued in response to the application.

2

Subsections (3) and (4) apply if, at the time a request is made under subsection (1), a certificate has been issued.

3

In the case of a certificate under section 113A, if it was a certificate stating that there is no relevant matter recorded in central records, F418DBS may inform the person who made the request that the certificate was such a certificate.

4

In the case of a certificate under section 113B, if it was a certificate—

a

stating that there is no relevant matter recorded in central records and no information provided in accordance with subsection (4) of that section, and

b

if section 113BA(1) or 113BB(1) applies to the certificate, containing no suitability information indicating that the person to whom the certificate is issued—

i

is barred from regulated activity relating to children or to vulnerable adults, or

ii

is subject to a direction under 128 of the Education and Skills Act 2008 or section 167A of the Education Act 2002,

F419DBS may inform the person who made the request that the certificate was such a certificate.

5

If no certificate has been issued, F420DBS must inform the person who made the request of such other matters relating to the processing of the application as F420DBS considers appropriate.

6

Subject to subsections (2) to (4), nothing in this section permits F421DBS to inform a person who is acting as the registered person in relation to an application under section 113A or 113B of the content of any certificate issued in response to the application.

7

F422DBS may refuse a request under subsection (1) if it is made after the end of a prescribed period beginning with the day on which the certificate was issued.

8

In this section—

  • “central records” and “relevant matter” have the same meaning as in section 113A,

  • “suitability information” means information required to be included in a certificate under section 113B by virtue of section 113BA or 113BB.

9

Expressions in subsection (4)(b) and in the Safeguarding Vulnerable Groups Act 2006 have the same meaning in that paragraph as in that Act.

120ADRegistered persons: copies of certificates in certain circumstances

1

Subsection (2) applies if—

a

F423DBS gives up-date information in relation to a criminal record certificate or enhanced criminal record certificate,

b

the up-date information is advice to apply for a new certificate or (as the case may be) request another person to apply for such a certificate, and

c

the person whose certificate it is in respect of which the up-date information is given applies for a new criminal record certificate or (as the case may be) enhanced criminal record certificate.

2

F424DBS must, in response to a request made within the prescribed period by the person who is acting as the registered person in relation to the application, send to that person a copy of any certificate issued in response to the application if the registered person—

a

has counter-signed the application or transmitted it to F424DBS under section 113A(2A) or 113B(2A),

b

has informed F424DBS that the applicant for the new certificate has not, within such period as may be prescribed, sent a copy of it to a person of such description as may be prescribed, and

c

no prescribed circumstances apply.

3

The power under subsection (2)(b) to prescribe a description of person may be exercised to describe the registered person or any other person.

4

In this section “up-date information” has the same meaning as in section 116A.

I12121 Performance by constables on central service in Scotland of functions under this Part.

F167In Scotland a constable engaged on central service (within the meaning of section 38 of the M12Police (Scotland) Act 1967) may perform functions under this Part (other than functions F110 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.

E8I13I26122 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 F264, 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

F191Subsection (3A) applies if F346the Secretary of StateF346DBS thinks that the F208registered person who countersignedF208person who acted as the registered person in relation to an application for a certificate under section 113A or 113B—

a

has failed to comply with the code of practice under this section, or

b

F209countersignedF209acted as the registered person at the request of a body which, or individual who, has failed to comply with the code of practice.

F1903A

F347The Secretary of StateF347DBS may—

a

refuse to issue the certificate;

b

suspend the registration of the person;

c

cancel the registration of the person.

3B

Section 120AB applies if F349the Secretary of StateF349DBS proposes to suspend or cancel a person's registration under subsection (3A) above as it applies if F352heF352it proposes to suspend or cancel a person's registration by virtue of section 120AA.

E9I13I26122 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 F68, 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 F265113A or 113BF260, or make a disclosure under section 52 or 53 of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), if he believes that the registered person who countersigned the application F261or, as the case may be, made the declaration in relation to the disclosure request —

a

has failed to comply with the code of practice under this section, or

b

countersigned F262or, as the case may be, made the declaration acted as the registered person at the request of a body which, or individual who, has failed to comply with the code of practice.

F674

Where the Scottish Ministers have reason to believe that—

a

a registered person; or

b

a body or individual at whose request a registered person

F266i

has countersigned or is likely to countersign an application under section F134113A or 113BF267; or

ii

has made or is likely to make a declaration in relation to a disclosure request made under section 52 or 53 of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14)

has failed to comply with the code of practice, they may remove the registered person from the register or impose conditions on him as respects his continuing to be listed in the register.

I27122AF148Delegation of functions of Secretary of State

F4281

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.

122BF154Delegation of functions of Scottish Ministers

1

The Scottish Ministers may, to such extent and subject to such conditions as they think appropriate, delegate any of their functions under this Part (other than excepted functions) to such person as they may determine.

2

An excepted function is a function—

a

relating to the making of regulations or orders;

b

relating to the publishing or revising of a code of practice;

c

relating to the laying of a code of practice before the Scottish Parliament;

d

relating to the determination of an appropriate fee under section 113B(5A) or 119(3); or

e

under section 125A.

3

A delegation under subsection (1) may be varied or revoked at any time.

4

No proceedings are competent against a person performing functions delegated under this section by reason of an inaccuracy in the information made available or provided to the person in accordance with section 119.

I14I28123 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.

I15I29124 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 F135113A 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 F212countersignedF212acted as the registered person in relation to the application, or

c

to an individual at whose request the registered body F212countersignedF212acted as the registered person in relation to the relevant application.

2

Where information is provided under section F136113A or 113B following an application F210countersignedF210in relation to which the person who acted as the registered person did so at the request of a body which is not registered under section 120, a member, officer or employee of the body commits an offence if he discloses the information unless he discloses it, in the course of his duties, to another member, officer or employee of that body.

3

Where information is provided under section F137113A or 113B following an application F211countersigned by or at the request of an individualF211in relation to which an individual acted as the registered person, or in relation to which the person who acted as the registered person did so at the request of an individual—

a

the individual commits an offence if he discloses the information unless he discloses it to an employee of his for the purpose of the employee’s duties, and

b

an employee of the individual commits an offence if he discloses the information unless he discloses it, in the course of his duties, to another employee of the individual.

4

Where information provided under section F138113A 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 F333(5) or (6)(a), (d), (e) or (f),

the person to whom the information is disclosed commits an offence (subject to F334subsections (5) and (6)F334subsection (6)) if he discloses it to any other person.

5

F332Subsections (1) to (4) do not apply to a disclosure of information provided in accordance with section F140113B(5) which is made with the written consent of the chief officer who provided the information.

6

Subsections (1) to (4) do not apply to a disclosure of information contained in a certificate under section F139113A or 113B which is made—

a

with the written consent of the applicant for the certificate, or

b

to a government department, or

c

to a person appointed to an office by virtue of any enactment, or

d

in accordance with an obligation to provide information under or by virtue of any enactment, or

e

for the purposes of answering an exempted question (within the meaning of section F141113A) of a kind specified in regulations made by the Secretary of State, or

f

for some other purpose specified in regulations made by the Secretary of State.

7

A person who is guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 3 on the standard scale, or to both.

I30124AE5F149Further 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 F348the Secretary of StateF348DBS 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 F348the Secretary of StateF348DBS, 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.

F1506

For the purposes of this section the reference to a police force includes any body mentioned in subsections (10)(a) to (i) and (11) of section 113B and the reference to a chief officer must be construed accordingly.

F2896A

For the purposes of this section the reference to an applicant includes a person who makes a request under section 116A(1), 120AC(1) or 120AD(2).

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.

Annotations:
Extent Information
E7

This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

124BF80Scottish 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.

I16I31125 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.

F1813

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

A statutory instrument F182... 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.

F1426

If the power mentioned in subsection (1) is exercised by the Scottish Ministers, the reference in F114subsection (3)F114subsection (4) to each House of Parliament must be construed as a reference to the Scottish Parliament.

125AF153Form of applications

1

It is for the Scottish Ministers to determine the form and manner in which applications must be made for the purposes of sections 112(1)(a), 113A(1)(a), 113B(1)(a), 114(1)(a), 116(1)(a), 117(1), and 120(2).

2

The Scottish Ministers may, in particular, determine that such applications may be made in electronic form (and may be signed or countersigned electronically).

3

The Scottish Ministers need not consider any such application unless it is made in the form and manner determined by them (or in a form and manner as close to that as circumstances permit).

125BF233Form of applications

1

F429The Secretary of StateF429DBS may determine the form, manner and contents of an application for the purposes of any provision of this Part.

2

A determination may, in particular, impose requirements about the form or manner in which an electronic application is to be signed or countersigned.

F3353

In this section “application” includes a request under section 116A(1), 120AC(1) or 120AD(2).

I17I32126 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 F336but does not include any documents issued in response to—

    1. (a)

      a request under section 116A(1),

    2. (b)

      an application as mentioned in section 116A(4)(a) or (5)(a), or

    3. (c)

      a request under section 120AC or 120AD;

  • “chief officer” means—

    1. i

      a chief officer of police of a police force in England and Wales,

    2. ii

      a chief constable of a police force in Scotland, and

    3. iii

      the Chief Constable of the F50Police Service of Northern Ireland;

  • F430“DBS” means the Disclosure and Barring Service established by section 87(1) of the Protection of Freedoms Act 2012;

  • “government department” includes a Northern Ireland department;

  • “Minister of the Crown” includes a Northern Ireland department;

  • F263“office-holder in the Scottish Administration” has the same meaning as in the Scotland Act 1998 (c. 46);

  • “police authority” means—

    1. i

      a police authority for an area in F277Scotland or a joint police board (within the meaning of the M13Police (Scotland) Act 1967), and

    2. ii

      the F51Northern Ireland Policing Board;

  • “police force” means—

    1. i

      a police force in Great Britain, and

    2. ii

      the F50Police Service of Northern Ireland and the F50Police Service of Northern Ireland Reserve;

  • “prescribed” shall be construed in accordance with section 125(1).

2

In the application of this Part to Northern Ireland, a reference to the M14Rehabilitation of Offenders Act 1974, or to a provision of that Act, shall be construed as a reference to the M15Rehabilitation of Offenders (Northern Ireland) Order 1978 or, as the case may be, to the corresponding provision of that order.

F2233

In the application of this Part to Northern Ireland a reference to the Safeguarding Vulnerable Groups Act 2006, or to a provision of that Act, shall be construed as a reference to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 or, as the case maybe, to the corresponding provision of that Order.

F1293

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).

126AF234Part 5: Modifications for Northern Ireland

1

This Part applies to Northern Ireland subject to the following modifications.

2

Any reference to the Secretary of State, except in—

a

section 118(2A)(d),

b

F431section 119(1), (3), (5) and (8),

c

section 119B(2), (4) and (4A), and

d

section 122A as it applies to a function of the Secretary of State under F433section 119 or 119B(2), (4) or (4A),

shall be construed as a reference to the Department of Justice in Northern Ireland.

3

F432Section 119 has effect subject to the following modifications—

a

in subsection (1), in relation to a relevant function within subsection (8)(a) or (b), any reference to the Secretary of State shall be construed as a reference to the Department of Justice in Northern Ireland;

b

in subsection (3), except in relation to a request for the purposes of the provision of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 that corresponds to section 24 of the Safeguarding Vulnerable Groups Act 2006, any reference to the Secretary of State shall be construed as a reference to the Department of Justice in Northern Ireland;

c

subsections (5) and (8) have effect as if any reference to the Secretary of State included a reference to the Department of Justice in Northern Ireland.

4

The following provisions shall not have effect—

a

section 113A(8);

b

in section 113BC—

i

in subsection (1) the words “made by statutory instrument”;

ii

subsection (2);

c

in section 120A—

i

in subsection (7) the words “made by statutory instrument”;

ii

subsection (8);

d

section 125(2), (4) and (6).

5

In section 122 any reference to Parliament shall be construed as a reference to the Northern Ireland Assembly.

6

In relation to the delegation of any function of the Department of Justice, any reference in section 122A to Parliament shall be construed as a reference to the Northern Ireland Assembly.

7

Any power of the Department of Justice under this Part to make orders or regulations shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

8

No order shall be made by the Department of Justice under section 113A(7) unless a draft of it has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

9

Any other order or regulations made under this Part by the Department of Justice shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).

10

Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of this Part in relation to the laying of anything before the Northern Ireland Assembly as it applies in relation to the laying of a statutory document under an enactment.

I18I33127 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 M16Police 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.

I19129 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

F52130. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F53131. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F54132. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rehabilitation of Offenders

133 Rehabilitation of Offenders.

The following provisions (which restrict the effect of the M17Rehabilitation of Offenders Act 1974 and the M18Rehabilitation of Offenders (Northern Ireland) Order 1978) shall cease to have effect—

a

section 189 of, and Schedule 14 to, the M19Financial Services Act 1986;

b

section 95 of the M20Banking Act 1987;

c

section 39 of the M21Osteopaths Act 1993;

d

section 19 of the M22National Lottery etc. Act 1993;

e

section 40 of the M23Chiropractors Act 1994.

Part VII General

F55133A 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.

I20134 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 F56Police 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 F57Northern 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;

F102b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F103c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F58d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

e

sections 128 and 129.

F593

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.