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.
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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.
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F7533 Criminal statistics.
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F7534 Inquiries.
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F7534A Regulations for NCIS
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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.
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F7539 Complaints.
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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
The Service Authority
F7547 The Service Authority for the National Crime Squad.
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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.
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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.
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F7579A Regulations for NCS
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F7580 Regulations as to standard of equipment.
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F7580A Regulation of procedures and practices
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Discipline and complaints
F7581 Discipline regulations.
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F7582 Appeals.
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F7583 Complaints.
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F7584 Information as to the manner of dealing with complaints etc.
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Miscellaneous
F7585 Arrangements for consultation.
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F7586 Liability for wrongful acts of constables etc.
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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
Pt. 3 (ss. 91-108) amended (S.) (29.9.2000) by 2000 asp 11, s. 24(2)(b) (with s. 30); S.S.I. 2000/341, art. 2
Pt. 3: power to apply (with modifications) conferred (1.10.2002) by Police Reform Act 2002 (c. 30), s. 19(2)(b); S.I. 2002/2306, art. 2(b)(v)
Pt. III modified (1.4.2004) by The Independent Police Complaints Commission (Investigatory Powers) Order 2004 (S.I. 2004/815), arts. 1(1), 2
The Commissioners
I291 The Commissioners.
1
The Prime Minister F1after consultation with the Scottish Ministers, shall appoint for the purposes of this Part—
a
a Chief Commissioner, and
b
such number of other Commissioners as the Prime Minister thinks fit.
2
The persons appointed under subsection (1) shall be persons who hold or have held high judicial office within the meaning of F199Part 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 F200 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 F475National Crime Agency officer, F155an officer of Revenue and CustomsF466, an immigration officerF61or 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—
F214za
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;
F427zb
if the authorising officer is within subsection (5)(d), by a constable of the Police Service of Scotland;
a
F17aa
if the authorising officer is within subsection (5)(eb) to (ed), by a member, as the case may be, of the F112Royal Navy Police, the Royal Military Police or the Royal Air Force Police;
d
F467da
if the authorising officer is within subsection (5)(ha), by an immigration officer;
e
if the authorising officer is within subsection (5)(i), by an officer of the Office of Fair Trading.
F428ea
if the authorising officer is within subsection (5)(ia), by a staff officer of the Police Investigations and Review Commissioner.
F430f
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F2133A
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.
F4263ZA
An authorisation under this section may be given by the authorising officer within subsection (5)(ia) only where it relates to the taking of action in pursuance of paragraph (b)(i) of section 33A of the Police, Public Order and Criminal Justice (Scotland) Act 2006.
F4363B
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F4363C
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F4363D
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F4363E
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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), F471the conduct relates to an assigned matter within the meaning of section 1(1) of the M3Customs and Excise Management Act 1979 F472or, where the authorising officer is within subsection (5)(ha), any of the offences is an immigration or nationality offence.
5
In this section “authorising officer” means—
a
the chief constable of a police force maintained under section 2 of the M4Police Act 1996 (maintenance of police forces for areas in England and Wales except London);
b
the Commissioner, or an Assistant Commissioner, of Police of the Metropolis;
c
the Commissioner of Police for the City of London;
F435d
the chief constable of the Police Service of Scotland, or any deputy chief constable or assistant chief constable of the Police Service of Scotland who is designated for the purposes of this paragraph by the chief constable;
e
the Chief Constable or a Deputy Chief Constable of the F15Police Service of Northern Ireland;
F18ea
the Chief Constable of the Ministry of Defence Police;
eb
the Provost Marshal of the F113Royal 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;
F477f
the Director General of the National Crime Agency, or any other National Crime Agency officer who is designated for the purposes of this paragraph by that Director General;
F157h
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;F470...
F468ha
an immigration officer who is a senior official within the meaning of the Regulation of Investigatory Powers Act 2000 and who is designated for the purposes of this paragraph by the Secretary of State;
F158i
the chairman of the Office of Fair Trading.
F429ia
the Police Investigations and Review Commissioner.
F431j
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
In this section “relevant area”—
a
in relation to a person within paragraph (a), (b) or (c) of subsection (5) F217to 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;
F215aa
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) F434or (ia) of subsection (5), means Scotland;
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 M5Ministry of Defence Police Act 1987, the members of the Ministry of Defence Police have the powers and privileges of a constable;
cb
in relation to a person within paragraph (ee), means the United Kingdom;
F432cc
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F84d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85e
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 F210who 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.
F2116B
In subsection (6A) “subject to service law” and “civilian subject to service discipline” have the same meanings as in the Armed Forces Act 2006.
F4656C
For the purposes of this section, an offence is an immigration or nationality offence if conduct constituting the offence—
a
relates to the entitlement of one or more persons who are not nationals of the United Kingdom to enter, transit across, or be in, the United Kingdom (including conduct which relates to conditions or other controls on any such entitlement), or
b
is undertaken for the purposes of, or otherwise in relation to, any of these enactments—
i
the British Nationality Act 1981;
ii
the Hong Kong Act 1985;
iii
the Hong Kong (War Wives and Widows) Act 1996;
iv
the British Nationality (Hong Kong) Act 1997;
v
the British Overseas Territories Act 2002;
vi
an instrument made under any of those Acts.
7
The powers conferred by, or by virtue of, this section are additional to any other powers which a person has as a constable either at common law or under or by virtue of any other enactment and are not to be taken to affect any of those other powers.
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
b
F89c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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) F418or (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 F114Royal 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;
F87e
where the authorising officer is within paragraph (f) of that subsection, by a person designated for the purposes of this section by the F478Director General of the National Crime Agency;
f
where the authorising officer is within paragraph (h) of that subsection, F159by 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.
F473fa
where the authorising officer is within paragraph (ha) of that subsection, by a senior official (within the meaning of the Regulation of Investigatory Powers Act 2000) in the department of the Secretary of State by whom functions relating to immigration are exercisable who is designated by the Secretary of State for the purposes of this section;
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.
F414ga
where the authorising officer is within paragraph (ia) of that subsection, by a staff officer of the Police Investigations and Review Commissioner who is designated by the Commissioner for the purposes of this section.
F415h
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F903
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
In subsection (1), “designated deputy”—
F108a
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;
F416aa
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
F91c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4175
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4176
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4177
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
7
I396 Notification of authorisations etc.
1
Where a person gives, renews or cancels an authorisation, he shall, as soon as is reasonably practicable and in accordance with arrangements made by the Chief Commissioner, give notice in writing that he has done so to a Commissioner appointed under section 91(1)(b).
2
Subject to subsection (3), a notice under this section shall specify such matters as the Secretary of State may by order prescribe.
3
A notice under this section of the giving or renewal of an authorisation shall specify—
a
whether section 97 applies to the authorisation or renewal, and
b
where that section does not apply by virtue of subsection (3) of that section, the grounds on which the case is believed to be one of urgency.
4
Where a notice is given to a Commissioner under this section, he shall, as soon as is reasonably practicable, scrutinise the notice.
5
An order under subsection (2) shall be made by statutory instrument.
6
A statutory instrument which contains an order under subsection (2) shall not be made unless a draft has been laid before, and approved by a resolution of, each House of Parliament.
Authorisations requiring approval
97 Authorisations requiring approval.
1
An authorisation to which this section applies shall not take effect until—
a
it has been approved in accordance with this section by a Commissioner appointed under section 91(1)(b), and
b
the person who gave the authorisation has been notified under subsection (4).
2
Subject to subsection (3), this section applies to an authorisation if, at the time it is given, the person who gives it believes—
a
that any of the property specified in the authorisation—
i
is used wholly or mainly as a dwelling or as a bedroom in a hotel, or
ii
constitutes office premises, or
b
that the action authorised by it is likely to result in any person acquiring knowledge of—
i
matters subject to legal privilege,
ii
confidential personal information, or
iii
confidential journalistic material.
3
This section does not apply to an authorisation where the person who gives it believes that the case is one of urgency.
4
Where a Commissioner receives a notice under section 96 which specifies that this section applies to the authorisation, he shall as soon as is reasonably practicable—
a
decide whether to approve the authorisation or refuse approval, and
b
give written notice of his decision to the person who gave the authorisation.
5
A Commissioner shall approve an authorisation if, and only if, he is satisfied that there are reasonable grounds for believing the matters specified in section 93(2).
6
Where a Commissioner refuses to approve an authorisation, he shall, as soon as is reasonably practicable, make a report of his findings to the authorising officer who gave it or in whose absence it was given 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) F94or (e) of section 93(5), as a reference to the Commissioner of Police F95or, as the case may be, Chief Constable mentioned in the paragraph concerned.
F966B
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 F479National Crime Agency officer who is designated for the purposes of this section by the Director General of that Agency.
7
This section shall apply in relation to a renewal of an authorisation as it applies in relation to an authorisation (the references in subsection (2)(a) and (b) to the authorisation being construed as references to the authorisation renewed).
8
In this section—
“office premises” has the meaning given in section 1(2) of the M7Offices, Shops and Railway Premises Act 1963;
“hotel” means premises used for the reception of guests who desire to sleep in the premises.
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) F421or (c) 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
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—
b
the functions of the F480National Crime Agency, or
F422bza
the functions of the Police Investigations and Review Commissioner under section 33A(b)(i) of the Police, Public Order and Criminal Justice (Scotland) Act 2006,
F423ba
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
the duties of F160the Commissioners for Her Majesty's Revenue and Customs.
F474d
the functions of the Secretary of State relating to immigration.
5
Any person having functions under this Part, and any person taking action in relation to which an authorisation was given, shall comply with any request of a Commissioner for documents or information required by him for the purpose of enabling him to discharge his functions.
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 M8Human 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 F212proceedings (whether or not before a court) in respect of a service offence within the meaning of the Armed Forces Act 2006;
F161...
“designated deputy” has the meaning given in section 94(4);
“United Kingdom waters” has the meaning given in section 30(5) of the M9Police Act 1996; and
“wireless telegraphy” has the same meaning as in F110the 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
F111109 Police Information Technology Organisation.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F111110 Relationship between the Organisation and the Secretary of State.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F111111 Interpretation of Part IV.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C11C32C15C14C27C28C29 Part V Certificates of Criminal Records, &c.
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)
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)
Pt. 5 modified (temp.) (S.) (20.1.2009) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Transitory Provisions in Consequence of the Safeguarding Vulnerable Groups Act 2006) Order 2009 (S.S.I. 2009/4), arts. 1(2), 5 (with art. 3)
Pt. 5 modified (temp.) (S.) (20.1.2009) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Transitory Provisions in Consequence of the Safeguarding Vulnerable Groups Act 2006) Order 2009 (S.S.I. 2009/4), arts. 1(2), 4 (with art. 3)
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)
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)
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
F328The Secretary of StateF328DBS shall issue a criminal conviction certificate to any individual who—
a
makes an application F143...,
F275aa
is aged 16 or over at the time of making the application, and
2
A criminal conviction certificate is a certificate which—
a
gives the prescribed details of every conviction F276or conditional caution of the applicant which is recorded in central records, or
3
In this section—
“central records” means such records of convictions F171and conditional cautions held for the use of police forces generally as may be prescribed;
F172“conditional caution” means a caution given under section 22 of the Criminal Justice Act 2003 (c. 44) or section 66A of the Crime and Disorder Act 1998, other than one that is spent for the purposes of Schedule 2 to the Rehabilitation of Offenders Act 1974.
“conviction” means a conviction within the meaning of the M10Rehabilitation of Offenders Act 1974, other than a spent conviction.
4
F106113 Criminal record certificates.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I35113AF162Criminal record certificates
C301
F278aa
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.
F1782A
But an application for a criminal record certificate need not be countersigned by a registered person if—
a
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, F227or
b
states that there is no such matter.
F227(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
5
F334The Secretary of StateF334DBS may treat an application under this section as an application under section 113B if—
a
F2265A
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
F228and cautionsF228, cautions or other information held for the use of police forces generally as may be prescribed;“exempted question” means a question F173which—
- 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; F174and—
- 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;
- a
F437“relevant matter” means—F437“relevant matter”, in this section as it has effect in England and Wales, means—
- a
in relation to a person who has one conviction only—
- i
a conviction of an offence within subsection (6D);
- ii
a conviction in respect of which a custodial sentence or a sentence of service detention was imposed; or
- iii
a current conviction;
- i
- b
in relation to any other person, any conviction;
- c
a caution given in respect of an offence within subsection (6D);
- d
a current caution.
- a
F4386D
The offences referred to in paragraphs (a)(i) and (c) of the definition of “relevant matter” in subsection (6), as it has effect in England and Wales, are as follows—
a
murder;
b
an offence under section 67(1A) of the Medicines Act 1968 (prescribing, etc. a medicinal product in contravention of certain conditions);
c
an offence under any of sections 126 to 129 of the Mental Health Act 1983;
d
an offence specified in the Schedule to the Disqualification from Caring for Children (England) Regulations 2002;
e
an offence specified in Schedule 15 to the Criminal Justice Act 2003 (specified offences for the purposes of Chapter 5 of Part 12 of that Act (dangerous offenders));
f
an offence under the following provisions of the Mental Capacity Act 2005—
i
section 44 (ill-treatment or neglect);
ii
paragraph 4 of Schedule 1 (applications and procedure for registration);
iii
paragraph 4 of Schedule 4 (duties of attorney in event of incapacity of donor);
g
an offence under section 7, 9 or 19 of the Safeguarding Vulnerable Groups Act 2006 (offences in respect of regulated activity);
h
an offence specified in section 17(3)(a), (b) or (c) of the Health and Social Care Act 2008 (cancellation of registration), apart from an offence under section 76 of that Act (disclosure of confidential personal information);
i
an offence specified in the Schedule to the Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria and Miscellaneous Provisions) Regulations 2009;
j
an offence specified in Schedule 2 or 3 to the Childcare (Disqualification) Regulations 2009;
k
an offence which has been superseded (directly or indirectly) by an offence within paragraphs (a) to (j);
l
an offence of—
i
attempting or conspiring to commit any offence falling within paragraphs (a) to (k), or
ii
inciting or aiding, abetting, counselling or procuring the commission of any such offence,
or an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) committed in relation to any such offence;
m
an offence under the law of Scotland or Northern Ireland or any territory outside the United Kingdom which corresponds to an offence under the law of England and Wales within any of paragraphs (a) to (l);
n
any offence under section 42 of the Armed Forces Act 2006 in relation to which the corresponding offence under the law of England and Wales (within the meaning of that section) is an offence within any of paragraphs (a) to (l);
o
an offence under section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957 of which the corresponding civil offence (within the meaning of that Act) is an offence within any of paragraphs (a) to (l).
6E
For the purposes of the definition of “relevant matter” as it has effect in England and Wales—
a
“conviction” has the same meaning as in the Rehabilitation of Offenders Act 1974, and includes a spent conviction within the meaning of that Act;
b
“caution” includes a caution which is spent for the purposes of Schedule 2 to that Act but excludes a disregarded caution within the meaning of Chapter 4 of Part 5 of the Protection of Freedoms Act 2012;
c
a person’s conviction is a current conviction if—
i
the person was aged 18 or over on the date of the conviction and that date fell within the 11 year period ending with the day on which the certificate is issued, or
ii
the person was aged under 18 on the date of conviction and that date fell within the period of 5 years and 6 months ending with the day on which the certificate is issued;
d
a caution given to a person is a current caution if—
i
the person was aged 18 or over on the date it was given and that date fell within the 6 year period ending with the day on which the certificate is issued, or
ii
the person was aged under 18 on the date it was given and that date fell within the 2 year period ending with the day on which the certificate is issued;
e
“custodial sentence” and “sentence of service detention” have the same meaning as in section 5(8) of the Rehabilitation of Offenders Act 1974.
6F
Section 139(1) and (4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (which amends section 5(8) of the Rehabilitation of Offenders Act 1974) is to be treated for the purposes of subsection (6E)(e) as being in force when subsection (6E)(e) comes into force.
F2027
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.
F1799
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
F27910
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I36C31113BEnhanced criminal record certificates
1
F337The Secretary of StateF337DBS must issue an enhanced criminal record certificate to any individual who—
F281aa
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 F203for the purposes of an exempted question asked for a prescribed purpose.
F1812A
But an application for an enhanced criminal record certificate need not be countersigned by a registered person if—
a
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), F231or
b
states that there is no such matter or information.
F231(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 F340the Secretary of StateF340DBS must request F283the chief officer of every relevant police forceF283any relevant chief officer to provide any information which F284, in the chief officer's opinion—
a
b
F286in the chief officer's opinion, ought to be included in the certificate.
F2804A
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
F439The 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.
F1475A
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
F439The Secretary of State must send to F183the registered person who countersignedF183whoever 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
8
If by virtue of subsection (7) F344the Secretary of StateF344DBS treats an application under this section as an application under section 113A, F345heF345it 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;
F287“relevant chief officer” means any chief officer of a police force who is identified by F341DBS for the purposes of making a request under subsection (4).
F288“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—
F115a
the Royal Navy Police;
c
the Royal Military Police;
d
the Royal Air Force Police;
e
the Ministry of Defence Police;
F481f
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F481g
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 F482National 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).
F18212
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 F339DBS under subsection (2A).
F28213
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C23C19113BAF201Suitability 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;
F274b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F274c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F274d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F204e
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.
113BAF224Information 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.
C24C20113BBF201Suitability 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;
F289b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F289c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F289d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 F290;
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.
113CAF223Suitability 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;
F232d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F233e
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;
F234d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F235e
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.
F225113CCriminal record certificates: suitability relating to children
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F225113DCriminal record certificates: suitability relating to adults
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C36C35F409F225113ECriminal 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
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
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.
F225113FCriminal record certificates: supplementary
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I5I37114 Criminal record certificates: Crown employment.
1
a
makes an application under this section F145...,
F292aa
is aged 16 or over at the time of making the application, and
2
An application under this section must be accompanied by a statement by F237a Minister of the CrownF237a 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.
F2362A
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
F107E2115 Enhanced criminal record certificates.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F107E3115 Enhanced criminal record certificates.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I6I38C25C33C34116 Enhanced criminal record certificates: judicial appointments and Crown employment.
1
F349The Secretary of StateF349DBS shall issue an enhanced criminal record certificate to any individual who—
a
makes an application under this section F148...,
F294aa
is aged 16 or over at the time of making the application, and
2
An application under this section must be accompanied by a statement by F239a Minister of the Crown, or a person nominated by a Minister of the Crown,F239a 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
F2382A
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
116AF441Up-dating certificates
1
F457DBS must, on the request of a relevant person and subject to subsection (2), give up-date information to that person about—
a
a criminal conviction certificate,
b
a criminal record certificate, or
c
an enhanced criminal record certificate,
which is subject to up-date arrangements.
2
F458DBS may impose conditions about—
a
the information to be supplied in connection with such a request for the purpose of enabling the Secretary of State to decide whether the person is a relevant person,
b
any other information to be supplied in connection with such a request.
3
For the purposes of subsection (1) a certificate is subject to up-date arrangements if condition A, B or C is met and the arrangements have not ceased to have effect in accordance with a notice given under section 118(3B).
4
Condition A is that—
a
the individual who applied for the certificate made an application at the same time to F459DBS for the certificate to be subject to up-date arrangements,
b
the individual has paid in the prescribed manner any prescribed fee,
c
F459DBS has granted the application for the certificate to be subject to up-date arrangements, and
d
the period of 12 months beginning with the date on which the grant comes into force has not expired.
5
Condition B is that—
a
the individual whose certificate it is has made an application to F460DBS to renew or (as the case may be) further renew unexpired up-date arrangements in relation to the certificate,
b
the individual has paid in the prescribed manner any prescribed fee,
c
F460DBS has granted the application,
d
the grant has come into force on the expiry of the previous up-date arrangements, and
e
the period of 12 months beginning with the date on which the grant has come into force has not expired.
6
Condition C is that—
a
the certificate was issued under section 117(2) or 117A(5)(b), and
b
the certificate which it superseded—
i
was subject to up-date arrangements immediately before it was superseded, and
ii
would still be subject to those arrangements had it not been superseded.
7
F461DBS must not grant an application as mentioned in subsection (4)(c) or (5)(c) unless any fee prescribed under subsection (4)(b) or (as the case may be) (5)(b) has been paid in the manner so prescribed.
8
In this section “up-date information” means—
a
in relation to a criminal conviction certificate or a criminal record certificate—
i
information that there is no information recorded in central records which would be included in a new certificate but is not included in the current certificate, or
ii
advice to apply for a new certificate or (as the case may be) request another person to apply for such a certificate,
b
in relation to an enhanced criminal record certificate which includes suitability information relating to children or vulnerable adults—
i
information that there is no information recorded in central records, no information of the kind mentioned in section 113B(4), and no information of the kind mentioned in section 113BA(2) or (as the case may be) 113BB(2), which would be included in a new certificate but is not included in the current certificate, or
ii
advice to apply for a new certificate or (as the case may be) request another person to apply for such a certificate, and
c
in relation to any other enhanced criminal record certificate—
i
information that there is no information recorded in central records, nor any information of the kind mentioned in section 113B(4), which would be included in a new certificate but is not included in the current certificate, or
ii
advice to apply for a new certificate or (as the case may be) request another person to apply for such a certificate.
9
If up-date information is given under subsection (8)(a)(i), (8)(b)(i) or (8)(c)(i) and the certificate to which that information relates is one to which subsection (10) applies, the up-date information must include that fact.
10
This subsection applies to a certificate which—
a
in the case of a criminal conviction certificate, states that there are no convictions or conditional cautions of the applicant recorded in central records,
b
in the case of a criminal record certificate, is as described in section 120AC(3), and
c
in the case of an enhanced criminal record certificate, is as described in section 120AC(4).
11
In this section—
“central records” has the same meaning as in section 113A,
“criminal record certificate” includes a certificate under section 114,
“enhanced criminal record certificate” includes a certificate under section 116,
“exempted question” has the same meaning as in section 113A,
“relevant person” means—
- a
in relation to a criminal conviction certificate—
- i
the individual whose certificate it is, or
- ii
any person authorised by the individual,
- i
- b
in relation to a criminal record certificate—
- i
the individual whose certificate it is, or
- ii
any person who is authorised by the individual and is seeking the information for the purposes of an exempted question, and
- i
- c
in relation to an enhanced criminal record certificate—
- i
the individual whose certificate it is, or
- ii
any person who is authorised by the individual and is seeking the information for the purposes of an exempted question asked for a purpose prescribed under section 113B(2)(b).
- i
- a
I7I39117 Disputes about F445accuracy of certificatesF445certificates and up-date information.
1
F2951A
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 F351DBS for a decision as to whether or not the information is inaccurate.
F4461B
Where a person believes that the wrong up-date information has been given under section 116A in relation to the person's certificate, the person may make an application in writing to F462DBS for corrected up-date information.
2
F352The Secretary of StateF352DBS shall consider any application under this section; and where F353heF353it is of the opinion that the information in the certificate is inaccurate F448, or that the wrong up-date information has been given,F353heF353it shall issue a new certificate F449or (as the case may be) corrected up-date information.
F4472A
In this section—
“corrected up-date information”, in relation to a certificate, means information which includes—
- a
information that the wrong up-date information was given in relation to the certificate on a particular date, and
- b
new up-date information in relation to the certificate,
- a
“up-date information” has the same meaning as in section 116A.
F1503
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.
117AF262Other 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 F354DBS of that fact, and
b
on being so informed, F354DBS must issue a new certificate.
6
In issuing such a certificate, F355DBS 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
F356The Secretary of StateF356DBS may refuse to issue a certificate under this Part, or to consider F451an application as mentioned in section 116A(4)(a) or (5)(a) or an application under section 117 F296, 117AF163or 120, unless the application is supported by such evidence of identity as F357heF357it may require.
2
In particular, F359the Secretary of StateF359DBS 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.
F1642A
For the purpose of verifying evidence of identity supplied in pursuance of subsection (1) F411the Secretary of StateF411DBS may obtain such information as F358heF358it thinks is appropriate from data held—
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.
F1522B
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.
F1533
Regulations dealing with the taking of fingerprints may make provision requiring their destruction in specified circumstances and by specified persons.
F1533
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).
F4503A
F463DBS by notice given in writing may require a person who has a certificate which is subject to up-date arrangements under section 116A to attend at a place and time specified in the notice to provide fingerprints for the sole purpose of enabling F463DBS to verify whether information in the possession of F463DBS that F463DBS considers may be relevant to the person's certificate does relate to that person.
3B
If a person fails to comply with a requirement imposed under subsection (3A), F463DBS by notice given in writing may inform that person that, from a date specified in the notice, the person's certificate is to cease to be subject to up-date arrangements.
4
Regulations prescribing a fee for the purposes of subsection (2)(b) shall make provision for a refund in cases of an application under section 117 F297or 117A where a new certificate is issued.
I9I41C21119 Sources of information.
1
Any person who holds records of convictions F241or cautionsF241, cautions or other information for the use of police forces generally shall make those records available to F362the Secretary of StateF362DBSF64for the purposes of an application F65(whether for a certificate or for registration) under this Part.F64for the purpose of enabling F363himF363it to carry out F206his 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.
F206a relevant function
F3611ZA
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.
F2981A
F365The Secretary of State may require the F364Disclosure 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;
F453aa
the provision of up-date information under section 116A; or
b
the determination of whether a person should continue to be a registered person.
F2081B
F368The Secretary of StateF368DBS may require the chief officer of a police force to make available such information as F369heF369it may specify for the purpose of F300determining, in relation to applications under section 113B, whether the police force is a relevant police forceF300deciding whether to make a request to that chief officer under section 113B(4).
2
F4522A
Where, in connection with the provision of up-date information under section 116A, the chief officer of a police force receives a request for information of the kind mentioned in section 113B(4), the chief officer of police must comply with it as soon as practicable.
3
4
Any person who holds records of fingerprints for the use of police forces generally shall make those records available to F371the Secretary of StateF371DBSF64for the purposes of an application under this Part.F64for the purpose of enabling F372himF372it to carry out F373hisF373its functions under this Part in relation to—
a
any application for a certificate or for registration;
F455aa
any application as mentioned in section 116A(4)(a) or (5)(a); or
b
the determination of whether a person should continue to be a registered person.
F3604A
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
F1666
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 F255local policing body or police authority must be construed as a reference to such body as is prescribed.
F2078
a
under this Part in relation to any application for a certificate or for registration;
F454aa
under this Part in relation to any request under section 116A(1);
b
under this Part in relation to the determination of whether a person should continue to be a registered person;
F301c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
119AF77Further sources of information: Scotland
1
Any person who holds, in Scotland, records of convictions F244or 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 F242, 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 F243... .
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.
119BF175Independent 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.
F2204A
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
F305all 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) F306or disclosed in pursuance of section 113B(5)(c) and (6)(b);
F456ca
F304d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F304e
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
F3038A
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 F307or section 117A.
C9I10I21120 Registered persons.
1
F1302
F263Subject to regulations under section 120ZA and 120AA and to section 120A theF314F263The Secretary of StateF314DBS shall include in the register any person who—
b
satisfies the conditions in subsections (4) to (6), F265and
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.
F2662A
Subsection (2) is subject to—
a
regulations under section 120ZA,
b
section 120A, and
c
section 120AA and regulations made under that section.
F1313
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
A person applying for registration under this section must be—
a
a body corporate or unincorporate,
b
c
an individual F261aged 18 or over who employs others in the course of a business.
5
A body applying for registration under this section must satisfy F315the Secretary of StateF315DBS that it—
a
is likely to ask exempted questions, or
6
7
In this section “exempted question” has the same meaning as in section F119113A.
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
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 F117113A 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 F118113A 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 F119113A.
I25120ZAF134Regulations 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 F192or the transmitting of applications under section 113A(2A) or 113B(2A), and
3
The provision which may be made by virtue of subsection (2)(c) includes provision—
a
4
The conditions imposed by virtue of subsection (2)(c) may in particular include conditions—
a
b
c
requiring a registered person to comply with any code of practice for the time being in force under section 122.
120ZBF221Regulations 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.
F2222A
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 F132on grounds related to disclosure
1
F317The Secretary of StateF317DBS may refuse to include a person in the register maintained for the purposes of this Part if it appears to F326himF326it that the registration of that person is likely to make it possible for information to become available to an individual who, in F317The Secretary of State'sF317DBS's opinion, is not a suitable person to have access to that information.
2
F318The Secretary of StateF318DBS may remove a person from the register if it appears to F318the Secretary of StateF318DBS—
a
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, F319the Secretary of StateF319DBS may have regard, in particular, to—
a
any information relating to that person which concerns a relevant matter;
F256b
any information relating to the person of a kind specified in subsection (3A);
F2573A
The information is—
a
whether the person is barred from regulated activity;
F269b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F269c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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).
F2703B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2703C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3D
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 F320the Secretary of StateF320DBS to provide F320the Secretary of StateF320DBS 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 F188the countersigning of applications by a particular applicant for registration or by a particular registered personF188a 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 F320the Secretary of StateF320DBS has notified to the chief officer to be a matter which, in the opinion of F320the Secretary of StateF320DBS, is relevant to the determination of the suitability of individuals for having access to the information that may be provided in consequence of F189the countersigning ofF189a 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 F120113A.
F1386
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.
F2687
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 F100113A);
b
whether that person is included in any list mentioned in section F101113C(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 F99such fee as they consider appropriate.
F1396
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.
F1027
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.
I23120AAF133Refusal, cancellation or suspension of registration on other grounds
1
Regulations may make provision enabling F379the Secretary of StateF379DBS in prescribed cases to refuse to register a person who, in the opinion of F379the Secretary of StateF379DBS, is likely to F184countersignF184act 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
b
c
has failed to comply with any condition of his registration.
3
a
b
remove that person from the register.
F3084
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
I24120ABProcedure for cancellation or suspension under section 120AA
1
2
Every such notice must—
a
b
inform the person concerned of his right under subsection (3) to make representations.
3
4
After considering such representations, F388the Secretary of StateF388DBS 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
5
6
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
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.
120ACF258Registered persons: information on progress of an application
1
F392DBS 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, F393DBS 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,
F394DBS may inform the person who made the request that the certificate was such a certificate.
5
6
Subject to subsections (2) to (4), nothing in this section permits F396DBS 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
F397DBS 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
F398DBS 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
F399DBS 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 F399DBS under section 113A(2A) or 113B(2A),
b
has informed F399DBS 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.
F154In Scotland a constable engaged on central service (within the meaning of section 38 of the M11Police (Scotland) Act 1967) may perform functions under this Part (other than functions F105 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 F249, or the discharge of any function by, registered persons under this Part.
F4421A
The reference in subsection (1) to the use of information provided to registered persons under this Part includes a reference to the use of information provided in accordance with section 116A(1) to relevant persons (within the meaning of that section) who are not registered persons under this Part.
2
The Secretary of State shall lay before Parliament the code of practice under this section as soon as practicable after publication and after revision.
3
F177Subsection (3A) applies if F321the Secretary of StateF321DBS thinks that the F194registered person who countersignedF194person 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
F1763A
a
refuse to issue the certificate;
b
suspend the registration of the person;
c
cancel the registration of the person.
3B
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 F250113A or 113BF245, 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 F246or, 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 F247or, 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
F251i
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.
I27122AF135Delegation of functions of Secretary of State
F4031
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.
122BF141Delegation 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 F122113A or 113B unless he discloses it, in the course of his duties,—
a
to another member, officer or employee of the registered body,
b
2
Where information is provided under section F123113A or 113B following an application F196countersignedF196in 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 F124113A or 113B following an application F197countersigned by or at the request of an individualF197in 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 F125113A 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 F310(5) or (6)(a), (d), (e) or (f),
5
6
Subsections (1) to (4) do not apply to a disclosure of information contained in a certificate under section F126113A 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 F128113A) 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.
I30124AE5F136Further 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 F323the Secretary of StateF323DBS 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
c
to an applicant F443... 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.
F1376
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.
F2676A
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.
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.
F1683
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
A statutory instrument F169... 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.
F1296
125AF140Form 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).
125BF218Form of applications
1
2
A determination may, in particular, impose requirements about the form or manner in which an electronic application is to be signed or countersigned.
F3123
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 F440but does not include any documents issued in response to—
- (a)
a request under section 116A(1),
- (b)
an application as mentioned in section 116A(4)(a) or (5)(a), or
- (c)
a request under section 120AC or 120AD;
- (a)
“chief officer” means—
F405“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;
F248“office-holder in the Scottish Administration” has the same meaning as in the Scotland Act 1998 (c. 46);
“police authority” means—
“police force” means—
“prescribed” shall be construed in accordance with section 125(1).
2
In the application of this Part to Northern Ireland, a reference to the M12Rehabilitation of Offenders Act 1974, or to a provision of that Act, shall be construed as a reference to the M13Rehabilitation of Offenders (Northern Ireland) Order 1978 or, as the case may be, to the corresponding provision of that order.
F2093
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.
F1163
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).
126AF219Part 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
F406section 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 F408section 119 or 119B(2), (4) or (4A),
shall be construed as a reference to the Department of Justice in Northern Ireland.
3
F407Section 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 M14Police Act 1996 (regulations for special constables), after subsection (3) there shall be inserted—
3A
In relation to any matter as to which provision may be made by regulations under this section, the regulations may—
a
authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, police authorities, chief officers of police or other persons, or
b
authorise or require the delegation by any person of functions conferred on that person by or under the regulations.
2
In section 52 of that Act (regulations for police cadets) after subsection (1) there shall be inserted—
1A
In relation to any matter as to which provision may be made by regulations under this section, the regulations may—
a
authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, police authorities, chief officers of police or other persons, or
b
authorise or require the delegation by any person of functions conferred on that person by or under the regulations.
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 M15Rehabilitation of Offenders Act 1974 and the M16Rehabilitation of Offenders (Northern Ireland) Order 1978) shall cease to have effect—
a
section 189 of, and Schedule 14 to, the M17Financial Services Act 1986;
b
section 95 of the M18Banking Act 1987;
c
section 39 of the M19Osteopaths Act 1993;
d
section 19 of the M20National Lottery etc. Act 1993;
e
section 40 of the M21Chiropractors Act 1994.
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;
F97b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F98c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
Pt. II (ss. 47-90): Power to continue conferred (11.5.2001) by 2001 c. 16, ss. 109(2)(c)(i), 138