Part I The National Criminal Intelligence Service

The Service Authority

F741 The Service Authority for the National Criminal Intelligence Service.

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Functions

F742 General functions of the NCIS Service Authority and NCIS.

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F743 Objectives.

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F744 Service plans.

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F745 Annual reports.

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Director General and other members

F746 Appointment of Director General.

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F747 Removal of Director General by the Authority.

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F748 Deputy Director General.

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F749 Members of NCIS.

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F749A Removal of certain members appointed under section 9

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Functions of Director General

F7410 General function of Director General.

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F7411 Reports by Director General to the Authority.

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F7412 Responsibility for co-ordination of police and Security Service activities.

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Service Authority’s officers and employees

F7413 Officers and employees.

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F7414 Appointment of clerk.

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F7415 Appointment of persons not employed by the NCIS Service Authority.

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Financial provisions

F7416NCIS service fund.

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F7416A Budget statement

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F7417 Grants from the Secretary of State

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F7417A Provision supplemental to section 17

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F7418. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7418A Financing by the Scottish Ministers

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F7419 Charges.

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F7420 Acceptance of gifts and loans.

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F7421 Pensions and gratuities.

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F7421A Accounts

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General provisions

F7422 Collaboration agreements.

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F7423 Aid by and for NCIS.

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F7424 Provision of special services.

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Central supervision and direction

F7425 General duty of the Secretary of State and the Scottish Ministers

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F7426 Setting of objectives.

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F7427 Setting of performance targets.

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F7428 Codes of practice.

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F7428A Codes of practice for Director General of NCIS

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F7429 Removal of Director General etc.

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F7430 Power to give directions to NCIS Service Authority

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F7431 Reports from NCIS Service Authority.

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F7431A Power to give directions as to action plans

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F7431B Procedure for giving directions by the Secretary of State

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F7431C Procedure for giving directions by the Scottish Ministers

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F7432 Reports from Director General.

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

F7433 Criminal statistics.

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

F7434 Inquiries.

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

F7434A Regulations for NCIS

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

F7435 Regulations as to standard of equipment.

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

F7436 Common services.

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Discipline and complaints

F7437 Discipline regulations.

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F7438 Appeals.

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

F7439 Complaints.

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

F7440 Information as to the manner of dealing with complaints etc.

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Miscellaneous

F7441 Arrangements for consultation.

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F7442 Liability for wrongful acts of constables etc.

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F7443 Causing disaffection.

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

F7444 Orders governing NCIS Service Authority.

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General

F7445 Orders and regulations.

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F7446 Interpretation of Part I.

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C1Part II The National Crime Squad

Annotations:
Modifications etc. (not altering text)
C1

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

The Service Authority

F7447 The Service Authority for the National Crime Squad.

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

Functions

F7448 General functions of the NCS Service Authority and the National Crime Squad.

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F7449 Objectives.

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F7450 Service plans.

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

F7451 Annual reports.

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

Director General and other members

F7452 Appointment of Director General.

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F7453 Removal of Director General by the Authority.

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F7454 Deputy Director General.

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F7455 Members of the National Crime Squad.

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

F7455A Removal of certain members appointed under section 55

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Functions of Director General

F7456 General function of Director General.

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F7457 Reports by Director General to the Authority.

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Service Authority’s officers and employees

F7458 Officers and employees.

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F7459 Appointment of clerk.

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F7460 Appointment of persons not employed by the NCS Service Authority.

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

Financial provisions

F7461NCS service fund.

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F7461A Budget statement

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F7462 Grants from the Secretary of State

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F7462A Provision supplemental to section 62

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F7463 Initial financing of NCS Service Authority.

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F7464 Charges.

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F7465 Acceptance of gifts and loans.

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F7466 Pensions and gratuities.

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F7466A Accounts

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F7467 Revenue accounts and capital finance.

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F7468 Financial administration.

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Special services

F7469 Provision of special services.

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Central supervision and direction

F7470 General duty of Secretary of State.

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F7471 Setting of objectives.

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F7472 Setting of performance targets.

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F7473 Codes of practice.

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F7473A Codes of practice for Director General of NCS

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F7474 Removal of Director General etc.

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F7475 Power to give directions to NCS Service Authority

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F7476 Reports from NCS Service Authority.

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F7476A Power to give directions as to action plans

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F7476B Procedure for giving directions under sections 75 and 76A

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F7477 Reports from Director General.

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F7478 Criminal statistics.

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F7479 Inquiries.

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F7479A Regulations for NCS

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F7480 Regulations as to standard of equipment.

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

F7480A Regulation of procedures and practices

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Discipline and complaints

F7481 Discipline regulations.

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F7482 Appeals.

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

F7483 Complaints.

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

F7484 Information as to the manner of dealing with complaints etc.

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

Miscellaneous

F7485 Arrangements for consultation.

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

F7486 Liability for wrongful acts of constables etc.

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

F7487 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

F8089 Orders and regulations.

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F8190 Interpretation of Part II.

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C7C8C9 Part III Authorisation of Action in Respect of Property

Annotations:
Modifications etc. (not altering text)
C7

Pt. 3 (ss. 91-108) amended (S.) (29.9.2000) by 2000 asp 11, s. 24(2)(b) (with s. 30); S.S.I. 2000/341, art. 2

C8

Pt. 3: power to apply (with modifications) conferred (1.10.2002) by Police Reform Act 2002 (c. 30), s. 19(2)(b); S.I. 2002/2306, art. 2(b)(v)

The Commissioners

I291 The Commissioners.

1

The Prime Minister F1after consultation with the Scottish Ministers, shall appoint for the purposes of this Part—

a

a Chief Commissioner, and

b

such number of other Commissioners as the Prime Minister thinks fit.

2

The persons appointed under subsection (1) shall be persons who hold or have held high judicial office within the meaning of F191Part 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 F192 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 1986F70or 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 F459section 104, any other Commissioner (including decisions as to his jurisdiction) shall not be subject to appeal or liable to be questioned in any court.

F45811

Subsection (10) is not to be read as affecting the jurisdiction of the Tribunal conferred by section 65 of the Regulation of Investigatory Powers Act 2000 or section 23 of the Regulation of Investigatory Powers (Scotland) Act 2000.

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 F450National Crime Agency officer, F154an officer of Revenue and CustomsF441, an immigration officerF460or the chair of the Competition and Markets Authority 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 F461chair of the Competition and Markets Authority, 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—

F205za

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;

F404zb

if the authorising officer is within subsection (5)(d), by a constable of the Police Service of Scotland;

a

if the authorising officer is within F207subsectionF410(5)(e),F16(ea) or (ee), by a member of his police force,

F17aa

if the authorising officer is within subsection (5)(eb) to (ed), by a member, as the case may be, of the F111Royal Navy Police, the Royal Military Police or the Royal Air Force Police;

F82b

if the authorising officer is within subsection (5)(f), by a F451National Crime Agency officer,

d

if the authorising officer is within subsection (5)(h), by F155an officer of Revenue and CustomsF61, F444...

F442da

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 F462Competition and Markets Authority.

F405ea

if the authorising officer is within subsection (5)(ia), by a staff officer of the Police Investigations and Review Commissioner.

F407f

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F2043A

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.

F4033ZA

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.

F4133B

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F4133C

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F4133D

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F4133E

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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), F446the conduct relates to an assigned matter within the meaning of section 1(1) of the M3Customs and Excise Management Act 1979 F447or, 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;

F412d

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 F112Royal 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 F68British Transport Police;

F452f

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;

F156h

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;F445...

F443ha

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;

F157i

the F463chair of the Competition and Markets Authority.

F406ia

the Police Investigations and Review Commissioner.

F408j

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6

In this section “relevant area”—

a

in relation to a person within paragraph (a), (b) or (c) of subsection (5) F208to 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;

F206aa

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) F411or (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;

F409cc

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

F83d

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

F84e

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

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 F201who 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.

F2026B

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

F4406C

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.

C4C1294 Authorisations given in absence of authorising officer.

1

Subsection (2) applies where it is not reasonably practicable for an authorising officer to consider an application for an authorisation under section 93 and—

a

if the authorising officer is within paragraph (b) F85 , (e) or (f) of section 93(5), it is also not reasonably practicable for the application to be considered by any of the other persons within the paragraph concerned; F22. . . F87or

b

if the authorising officer is within paragraph (a) F390or (c) of section 93(5), it is also not reasonably practicable for the application to be considered by his designated deputy F88 ...

F88c

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

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) F395or (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 F113Royal 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 F69British Transport Police;

F86e

where the authorising officer is within paragraph (f) of that subsection, by a person designated for the purposes of this section by the F453Director General of the National Crime Agency;

f

where the authorising officer is within paragraph (h) of that subsection, F158by 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.

F448fa

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;

F62g

where the authorising officer is within paragraph (i) of that subsection, by an officer of the F464Competition and Markets Authority designated by it for the purposes of this section.

F391ga

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.

F392h

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

F893

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

4

In subsection (1), “designated deputy”—

F107a

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;

F393aa

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

b

in the case of an authorising officer within paragraph (c) of section 93(5), means the person authorised to act F25. . . under section 25 of the M6City of London Police Act 1839; F26. . .

F90c

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

d

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

F3945

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

F3946

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

F3947

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

95 Authorisations: form and duration etc.

1

An authorisation shall be in writing, except that in an urgent case an authorisation (other than one given by virtue of section 94) may be given orally.

2

An authorisation shall, unless renewed under subsection (3), cease to have effect—

a

if given orally or by virtue of section 94, at the end of the period of 72 hours beginning with the time when it took effect;

b

in any other case, at the end of the period of three months beginning with the day on which it took effect.

3

If at any time before an authorisation would cease to have effect the authorising officer who gave the authorisation, or in whose absence it was given, considers it necessary for the authorisation to continue to have effect for the purpose for which it was issued, he may, in writing, renew it for a period of three months beginning with the day on which it would cease to have effect.

4

A person shall cancel an authorisation given by him if satisfied that F27the authorisation is one in relation to which the requirements of paragraphs (a) and (b) of section 93(2) are no longer satisfied.

5

An authorising officer shall cancel an authorisation given in his absence if satisfied that F27the authorisation is one in relation to which the requirements of paragraphs (a) and (b) of section 93(2) are no longer satisfied.

6

If the authorising officer who gave the authorisation is within paragraph (b) F28F396, (d), (e)F91or (f) of section 93(5), the power conferred on that person by subsections (3) and (4) above shall also be exercisable by each of the other persons within the paragraph concerned.

7

Nothing in this section shall prevent a designated deputy from exercising the powers conferred on an authorising officer within paragraph (a) F397, (c) F92or (d) F397or (c) of section 93(5) by subsections (3), (4) and (5) above.

I396 Notification of authorisations etc.

1

Where a person gives, renews or cancels an authorisation, he shall, as soon as is reasonably practicable and in accordance with arrangements made by the Chief Commissioner, give notice in writing that he has done so to a Commissioner appointed under section 91(1)(b).

2

Subject to subsection (3), a notice under this section shall specify such matters as the Secretary of State may by order prescribe.

3

A notice under this section of the giving or renewal of an authorisation shall specify—

a

whether section 97 applies to the authorisation or renewal, and

b

where that section does not apply by virtue of subsection (3) of that section, the grounds on which the case is believed to be one of urgency.

4

Where a notice is given to a Commissioner under this section, he shall, as soon as is reasonably practicable, scrutinise the notice.

5

An order under subsection (2) shall be made by statutory instrument.

6

A statutory instrument which contains an order under subsection (2) shall not be made unless a draft has been laid before, and approved by a resolution of, each House of Parliament.

Annotations:
Commencement Information
I3

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

Authorisations requiring approval

97 Authorisations requiring approval.

1

An authorisation to which this section applies shall not take effect until—

a

it has been approved in accordance with this section by a Commissioner appointed under section 91(1)(b), and

b

the person who gave the authorisation has been notified under subsection (4).

2

Subject to subsection (3), this section applies to an authorisation if, at the time it is given, the person who gives it believes—

a

that any of the property specified in the authorisation—

i

is used wholly or mainly as a dwelling or as a bedroom in a hotel, or

ii

constitutes office premises, or

b

that the action authorised by it is likely to result in any person acquiring knowledge of—

i

matters subject to legal privilege,

ii

confidential personal information, or

iii

confidential journalistic material.

3

This section does not apply to an authorisation where the person who gives it believes that the case is one of urgency.

4

Where a Commissioner receives a notice under section 96 which specifies that this section applies to the authorisation, he shall as soon as is reasonably practicable—

a

decide whether to approve the authorisation or refuse approval, and

b

give written notice of his decision to the person who gave the authorisation.

5

A Commissioner shall approve an authorisation if, and only if, he is satisfied that there are reasonable grounds for believing the matters specified in section 93(2).

6

Where a Commissioner refuses to approve an authorisation, he shall, as soon as is reasonably practicable, make a report of his findings to the authorising officer who gave it or in whose absence it was given F29. . ..

F306A

The reference in subsection (6) to the authorising officer who gave the authorisation or in whose absence it was given shall be construed, in the case of an authorisation given by or in the absence of a person within paragraph (b) F93or (e) of section 93(5), as a reference to the Commissioner of Police F94or, as the case may be, Chief Constable mentioned in the paragraph concerned.

F956B

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 F454National 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) F398or (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

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

C63

The Prime Minister shall lay before each House of Parliament a copy of each annual report made by the Chief Commissioner under subsection (2) together with a statement as to whether any matter has been excluded from that copy in pursuance of subsection (4) below.

F423A

The Scottish Ministers shall lay before the Scottish Parliament a copy of each annual report made by the Chief Commissioner under subsection (2), together with a statement as to whether any matter has been excluded from that copy in pursuance of subsection (4) below.

4

The Prime Minister may exclude a matter from the copy of a report as laid before each House of Parliament, if it appears to him, after consultation with the Chief Commissioner F43and the Scottish Ministers, that the publication of that matter in the report would be prejudicial to F44any of the purposes for which authorisations may be given or granted under this Part of this Act or Part II of the Regualtion of Investigatory Powers Act 2000 or under any enactment contained in or made under an Act of the Scottish Parliament which makes provision equivalent to that made by Part II of that Act of 2000 or to the discharge of—

a

the functions of any F243local policing body orF401the Scottish Police Authority,

b

the functions of the F455National Crime Agency, or

F399bza

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,

F400ba

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

c

the duties of F159the Commissioners for Her Majesty's Revenue and Customs.

F449d

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.

C251

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 F203proceedings (whether or not before a court) in respect of a service offence within the meaning of the Armed Forces Act 2006;

  • F160...

  • “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 F109the 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

F110109 Police Information Technology Organisation.

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

F110110 Relationship between the Organisation and the Secretary of State.

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

F110111 Interpretation of Part IV.

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

C10C35C14C13C26C27C28 Part V Certificates of Criminal Records, &c.

Annotations:
Modifications etc. (not altering text)
C10

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)

C35

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)

C26

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)

C27

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)

C28

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)

I4I34I42112 Criminal conviction certificates.

1

F307The Secretary of StateF307DBS shall issue a criminal conviction certificate to any individual who—

a

makes an application F142...,

F264aa

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

b

F71pays any fee that is payable in relation to the application under regulations made by the Secretary of State.

F71pays in the prescribed manner any prescribed fee

2

A criminal conviction certificate is a certificate which—

a

gives the prescribed details of every conviction F265or conditional caution of the applicant which is recorded in central records, or

b

states that there F266is no such convictionF266are no such convictions and conditional cautions.

3

In this section—

  • “central records” means such records of convictions F169and conditional cautions held for the use of police forces generally as may be prescribed;

  • F170“conditional caution” means a caution given under section 22 of the Criminal Justice Act 2003 (c. 44) or section 66A of the Crime and Disorder Act 1998, other than one that is spent for the purposes of Schedule 2 to the Rehabilitation of Offenders Act 1974.

  • “conviction” means a conviction within the meaning of the M10Rehabilitation of Offenders Act 1974, other than a spent conviction.

4

Where an applicant has received a criminal conviction certificate, F308the Secretary of StateF308DBS may refuse to issue another certificate to that applicant during such period as may be prescribed.

F105113 Criminal record certificates.

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

113AF476Criminal record certificates

C291

F309DBS must issue a criminal record certificate to any individual who—

C15a

makes an application F143...,

F267aa

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.

F1762A

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

a

the application is transmitted to F310DBS electronically by a registered person who satisfies conditions determined by F310DBS, and

b

it is transmitted in accordance with requirements determined by F310DBS.

3

A criminal record certificate is a certificate which—

a

gives the prescribed details of every relevant matter relating to the applicant which is recorded in central records, or

b

states that there is no such matter.

F4204

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

5

F312DBS may treat an application under this section as an application under section 113B if—

a

in F477its opinion the certificate is required for a purpose prescribed under subsection (2) of that section,

b

the registered person provides F313it with the statement required by that subsection, and

c

the applicant consents and pays to F312DBS the amount (if any) by which the fee payable in relation to an application under that section exceeds the fee paid in relation to the application under this section.

6

In this section—

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

  • “exempted question” means a question F171which—

    1. a

      so far as it applies to convictions, is a question in relation to which section 4(2)(a) or (b) of the Rehabilitation of Offenders Act 1974 (effect of rehabilitation) has been excluded by an order of the Secretary of State under section 4(4) of that Act; F172and—

    2. b

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

  • F414“relevant matter”, in this section as it has effect in England and Wales, means—

    1. a

      in relation to a person who has one conviction only—

      1. i

        a conviction of an offence within subsection (6D);

      2. ii

        a conviction in respect of which a custodial sentence or a sentence of service detention was imposed; or

      3. iii

        a current conviction;

    2. b

      in relation to any other person, any conviction;

    3. c

      a caution given in respect of an offence within subsection (6D);

    4. d

      a current caution.

F4156D

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.

F1947

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.

F1779

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

a

countersigns the application, or

b

transmits the application to F311DBS under subsection (2A).

F26810

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

I35113AF476Criminal record certificates

1

The Secretary of State must issue a criminal record certificate to any individual who—

a

makes an application F143...,

F493aa

except in prescribed circumstances, 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.

F5032A

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

a

the application is transmitted to the Department electronically by a registered person who satisfies conditions determined by the Department, and

b

it is transmitted in accordance with requirements determined by the Department.

3

A criminal record certificate is a certificate which—

a

gives the prescribed details of every relevant matter relating to the applicant which is recorded in central records, or

b

states that there is no such matter.

F5074

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

5

The Secretary of State may treat an application under this section as an application under section 113B if—

a

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

b

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

c

the applicant consents and pays to the Secretary of State the amount (if any) by which the fee payable in relation to an application under that section exceeds the fee paid in relation to the application under this section.

6

In this section—

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

  • “exempted question” means a question in relation to which section 4(2)(a) or (b) of the Rehabilitation of Offenders Act 1974 (effect of rehabilitation) has been excluded by an order of the Secretary of State under section 4(4) of that Act;

  • F465“relevant matter”, in this section as it has effect in Northern Ireland, means–

    1. a

      in relation to a person who has one conviction only–

      1. i

        a conviction of an offence within subsection (6D);

      2. ii

        a conviction in respect of which a sentence of imprisonment, a sentence of service detention or custodial order was imposed; or

      3. iii

        a current conviction;

    2. b

      in relation to any other person, any conviction;

    3. c

      a caution, restorative caution, diversionary youth conference or informed warning given in respect of an offence within subsection (6D);

    4. d

      a current caution, restorative caution, diversionary youth conference or informed warning.

F4666D

The offences referred to in paragraphs (a)(i) and (c) of the definition of “relevant matter” in subsection (6), as it has effect in Northern Ireland, are as follows–

a

The following offences–

i

Abducting girl under 18 with intention of marriage;

ii

Abducting girl under 18;

iii

Affray;

iv

Breach of the peace;

v

False imprisonment;

vi

Going armed so as to terrify the public;

vii

Indecency – outraging public decency;

viii

Kidnapping;

ix

Manslaughter;

x

Murder;

xi

Publishing obscene libel;

xii

Publishing/exhibiting/selling indecent/obscene things;

xiii

Rape;

xiv

Riot;

xv

Rout (incipient riot); and

xvi

Unlawful assembly.

b

an offence under section 1 of the Unlawful Drilling Act 1819;

c

an offence under section 10 or 11 of the Slave Trade Act 1824;

d

an offence under section 2 or 3 of the Tumultuous Risings (Ireland) Act 1831;

e

an offence under section 35 of the Malicious Damage Act 1861;

f

an offence under section 32, 33, 34, 58, 59 or 64 of the Offences Against the Person Act 1861;

g

an offence under section 26 of the Criminal Justice Act (Northern Ireland) 1945;

h

an offence under section 2 of the Nuclear Installations Act 1965;

i

an offence under section 13, 13A or 13B of the Criminal Justice Act (Northern Ireland) 1966;

j

an offence under section 5(1) of the Criminal Law Act (NI) 1967;

k

an offence under section 25 or 30 of the Children and Young Persons Act (Northern Ireland) 1968;

l

an offence under section 7(2)(a), 52, 58(2)(a), 58(2)(b), 63(b), 67 or 67 (1A) of the Medicines Act 1968;

m

an offence under section 1, 2 or 3 of the Protection of Persons and Property Act (Northern Ireland) 1969;

n

an offence under section 7 of the Public Order Amendment Act (Northern Ireland) 1970;

o

an offence under section 4(2), 5(2), 5(3), 6(2), 8, 9, 11, 12, 13, 18, 19, 20 or 23 of the Misuse of Drugs Act 1971;

p

an offence under section 1 of the Biological Weapons Act 1974;

q

an offence under section 2 of the Criminal Jurisdiction Act 1975;

r

an offence under Article 5 of the Poisons (Northern Ireland) Order 1976;

s

an offence under Article 4 or 5 of the Criminal Damage (Northern Ireland) Order 1977;

t

an offence under Article 19 of the Criminal Damage (Compensation) (Northern Ireland) Order 1977;

u

an offence under Article 3 of the Criminal Law (Amendment) (Northern Ireland) Order 1977;

v

an offence under section 50 of the Customs and Excise Management Act 1979;

w

an offence under section 6(2) or section 7(2) of the Aviation Security Act 1982;

x

an offence under Article 5, 9 or 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983;

y

an offence under sections 1A to 1D or 2 of the Nuclear Material (Offences) Act 1983;

z

an offence under section 38 of the Public Order Act 1986;

aa

an offence under Article 11, 28, 29, 31, 58, 58ZA or 59 of the Adoption (Northern Ireland) Order 1987;

bb

an offence under Article 9, 10, 11, 12, 13, 18(3), 22 or 23 of the Public Order (Northern Ireland) Order 1987;

cc

an offence under section 139, 139A, or 141 of the Criminal Justice Act 1988;

dd

an offence under Article 3, 4 or 5 of the Crossbows (Northern Ireland) Order 1988;

ee

an offence under section 12, 18 or 19 of the Criminal Justice (International Cooperation) Act 1990;

ff

an offence under Article 68 or 132 of the Children (Northern Ireland) Order 1995;

gg

an offence under Article 11A or 12B of the Road Traffic (Northern Ireland) Order 1995;

hh

an offence under Article 53 or 54 of the Criminal Justice (Northern Ireland) Order 1996;

ii

an offence under section 2 or 11 of the Chemical Weapons Act 1996;

jj

an offence specified in the Schedule to the Disqualification for Caring for Children Regulations (Northern Ireland) 1996;

kk

an offence under section 1 or 2 of the Knives Act 1997;

ll

an offence under Article 4, 5(6), 6 or 7(5) of the Protection from Harassment (Northern Ireland) Order 1997;

mm

an offence under section 2 of the Landmines Act 1998;

nn

an offence under section 35 of the Criminal Justice and Courts Services Act 2000;

oo

an offence under section 11, 12, 15, 16, 17, 18, 38B, 39, 58, 60 or paragraph 37 of Schedule 4 to the Terrorism Act 2000;

pp

an offence under section 52, 54, 67, 79, 80 or 114 of the Anti-terrorism, Crime and Security Act 2001;

qq

an offence under section 58 or 59 of the International Criminal Court Act 2001;

rr

an offence under Article 17 of the Criminal Injuries Compensation (Northern Ireland) Order 2002;

ss

an offence under section 327, 328, 329, 330, 331, 332, 333A or 342 of the Proceeds of Crime Act 2002;

tt

an offence under Article 12, 15(2)(a)-(e), 24 to 28 or 42 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;

uu

an offence under Article 30 or 46 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003;

vv

an offence stated by a court to be aggravated by hostility under Article 2 of the Criminal Justice (No 2) (Northern Ireland) Order 2004;

ww

an offence under Article 3, 24, 37, 39, 40, 41, 42, 45, 61, 62, 63 or 67 of the Firearms (Northern Ireland) Order 2004;

xx

an offence under section 1 or 2 of the Terrorism Act 2006;

yy

an offence under paragraph 1 of Schedule 1 to the Violent Crime Reduction Act 2006;

zz

an offence under section 47 of the Wireless Telegraphy Act 2006;

aaa

an offence under Article 11, 13 or 23 of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007;

bbb

an offence under section 27, paragraph 8 of Schedule 3 or paragraph 12 of Schedule 4 to the Justice and Security (Northern Ireland) Act 2007;

ccc

an offence under Schedule 1 or Schedule 2 of the Criminal Justice (Northern Ireland) Order 2008;

ddd

an offence under Article 68, 69 or 73 of the Sexual Offences (Northern Ireland) Order 2008;

eee

an offence under section 71 of the Coroners and Justice Act 2009;

fff

an offence under Article 137 or 138 of the Air Navigation Order 2009;

ggg

an offence specified in the Schedule to the Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) Regulations (Northern Ireland) 2009;

hhh

an offence under section 2 of the Cluster Munitions (Prohibitions) Act 2010;

iii

an offence under section 93 of the Justice Act (Northern Ireland) 2011;

jjj

an offence under regulation 255 of the Human Medicines Regulations 2012;

kkk

an offence which has been superseded (directly or indirectly) by an offence within paragraphs (a) to (jjj);

lll

an offence of –

i

attempting or conspiring to commit any offence falling within paragraphs (a) to (kkk), or inciting or aiding, abetting, counselling or procuring the commission of any such offence, or

ii

an offence under Part 2 of the Serious Crime Act 2007 (encouraging or committing serious crime) committed in relation to any such offence;

mmm

an offence under the law of England, Scotland or Wales or any territory outside the United Kingdom which corresponds to an offence under the law of Northern Ireland within any of the paragraphs (a) to (lll);

nnn

an offence under section 42 of the Armed Forces Act 2006 in relation to which the corresponding offence under the law of Northern Ireland (within the meaning of that section) is an offence corresponding with any of the paragraphs (a) to (lll); and

ooo

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 those Acts) is an offence within any of the paragraphs (a) to (lll).

6E

For the purposes of the definition of “relevant matter” as it has effect in Northern Ireland–

a

“conviction” has the same meaning as in the Rehabilitation of Offenders (Northern Ireland) Order 1978 and includes a spent conviction within the meaning of that Order;

b

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 F468aged 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;

c

a caution or restorative caution given to a person is a current caution or restorative 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 day it was given and that date fell within the 2 year period ending with the day on which the certificate is issued;

d

a diversionary youth conference given to a person is a current diversionary youth conference if 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

an informed warning given to a person is a current informed warning if the date on which it was given fell within the 1 year period ending with the day on which the certificate is issued;

f

“sentence of imprisonment”, “sentence of service detention” and “custodial order” have the same meaning as in Articles 2 and 6 of the Rehabilitation of Offenders (Northern Ireland) Order 1978.

F1947

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.

F5059

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

a

countersigns the application, or

b

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

113AF476Criminal record certificates

1

The Secretary of State must issue a criminal record certificate to any individual who—

a

makes an application F143..., and

b

pays in the prescribed manner any prescribed fee.

2

The application must—

a

be countersigned by a registered person, and

b

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

3

A criminal record certificate is a certificate which—

a

gives the prescribed details of every relevant matter relating to the applicant which is recorded in central records, F218(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.

F4783A

But a criminal record certificate must not give the details of a relevant matter if—

a

those details were excluded from another criminal record certificate by virtue of an order under section 116ZB(9)(b), and

b

it appears to the Scottish Ministers that the application under subsection (1) is made for the same purpose for which the application for the other certificate was made.

F4794

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

5

The Secretary of State may treat an application under this section as an application under section 113B if—

a

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

b

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

c

the applicant consents and pays to the Secretary of State the amount (if any) by which the fee payable in relation to an application under that section exceeds the fee paid in relation to the application under this section.

F2175A

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 F219, cautions or other information held for the use of police forces generally as may be prescribed;

  • F480“conviction” means a conviction within the meaning of the Rehabilitation of Offenders Act 1974, including a spent conviction,

  • “exempted question” means a question in relation to which section 4(2)(a) or (b) of the Rehabilitation of Offenders Act 1974 (effect of rehabilitation) has been excluded by an order of the Secretary of State under section 4(4) of that Act;

  • “relevant matter” means—

    1. a

      F481a conviction which is not a protected conviction,

    2. b

      a caution which is not spent by virtue of schedule 3 of the Rehabilitation of Offenders Act 1974, and

    3. c

      F220a prescribed court order.

C30113BEnhanced criminal record certificates

1

F314DBS must issue an enhanced criminal record certificate to any individual who—

C16a

makes an application F145...,

F270aa

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 F195for the purposes of an exempted question asked for a prescribed purpose.

F1782A

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

a

the application is transmitted to F315DBS electronically by a registered person who satisfies conditions determined by F315DBS, and

b

it is transmitted in accordance with requirements determined by F315DBS.

3

An enhanced criminal record certificate is a certificate which—

a

gives the prescribed details of every relevant matter relating to the applicant which is recorded in central records and any information provided in accordance with subsection (4), or

b

states that there is no such matter or information.

4

F272Before issuing an enhanced criminal record certificate F317DBS must request any relevant chief officer to provide any information which ...—

a

F273the chief officer reasonably believes to be relevant for the purpose described in the statement under subsection (2), and

b

F274in the chief officer's opinion, ought to be included in the certificate.

F2694A

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.

F4165

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

F4166

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

7

F319DBS may treat an application under this section as an application under section 113A if in F320its opinion the certificate is not required for a purpose prescribed under subsection (2).

8

If by virtue of subsection (7) F321DBS treats an application under this section as an application under section 113A, F322it 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;

  • F275“relevant chief officer” means any chief officer of a police force who is identified by F318DBS for the purposes of making a request under subsection (4).

  • F276...

10

For the purposes of this section references to a police force include any of the following—

F114a

the Royal Navy Police;

c

the Royal Military Police;

d

the Royal Air Force Police;

e

the Ministry of Defence Police;

F456f

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

F456g

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

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 F457National 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).

F17912

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 F316DBS under subsection (2A).

F27113

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

I36113BEnhanced criminal record certificates

1

The Secretary of State must issue an enhanced criminal record certificate to any individual who—

a

makes an application F145...,

F494aa

except in prescribed circumstances, 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 F195for the purposes of an exempted question asked for a prescribed purpose.

F5042A

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

a

the application is transmitted to the Department electronically by a registered person who satisfies conditions determined by the Department, and

b

it is transmitted in accordance with requirements determined by the Department.

3

An enhanced criminal record certificate is a certificate which—

a

gives the prescribed details of every relevant matter relating to the applicant which is recorded in central records and any information provided in accordance with subsection (4), or

b

states that there is no such matter or information.

4

F497Before issuing an enhanced criminal record certificate the Secretary of State must request F496any relevant chief officer to provide any information which ... —

a

F498the chief officer reasonably believes to be relevant for the purpose described in the statement under subsection (2), and

b

F499in the chief officer's opinion, ought to be included in the certificate.

F5004A

The Department may from time to time publish guidance to chief officers as to the exercise of functions under subsection (4); and in exercising functions under that subsection a relevant chief officer must have regard to any guidance for the time being published under this subsection.

F5085

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

F5086

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

7

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

8

If by virtue of subsection (7) the Secretary of State treats an application under this section as an application under section 113A, he must refund to the applicant the amount (if any) by which the fee paid in relation to the application under this section exceeds the fee payable in relation to an application under section 113A.

9

In this section—

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

  • F501relevant chief officer” means any chief officer of a police force who is identified by the Department for the purposes of making a request under subsection (4);

  • F502...

C3610

For the purposes of this section references to a police force include any of the following—

F114a

the Royal Navy Police;

c

the Royal Military Police;

d

the Royal Air Force Police;

e

the Ministry of Defence Police;

F456f

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

F456g

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

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.

C3611

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 F457National 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).

F50612

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

a

countersigns the application, or

b

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

113BF476Enhanced criminal record certificates

1

The Secretary of State must issue an enhanced criminal record certificate to any individual who—

a

makes an application F145..., and

b

pays in the prescribed manner any prescribed fee.

2

The application must—

a

be countersigned by a registered person, and

b

be accompanied by a statement by the registered person that the certificate is required for a prescribed purpose.

3

An enhanced criminal record certificate is a certificate which—

a

gives the prescribed details of every relevant matter relating to the applicant which is recorded in central records and any information provided in accordance with subsection (4), F221(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.

F4823A

But an enhanced criminal record certificate must not give the details of a relevant matter if—

a

those details were excluded from another enhanced criminal record certificate by virtue of an order under section 116ZB(9)(b), and

b

it appears to the Scottish Ministers that the application under subsection (1) is made for the same purpose for which the application for the other certificate was made.

4

Before issuing an enhanced criminal record certificate the Secretary of State must request the chief officer of every relevant police force to provide any information which F483...—

F484a

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

b

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

F4855

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

F1465A

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) F486....

F4876

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

7

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

8

If by virtue of subsection (7) the Secretary of State treats an application under this section as an application under section 113A, he must refund to the applicant the amount (if any) by which the fee paid in relation to the application under this section exceeds the fee payable in relation to an application under section 113A.

9

In this section—

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

  • “relevant police force”, in relation to an application under this section, means a police force which is a relevant police force in relation to that application under regulations made by the Secretary of State.

10

For the purposes of this section references to a police force include any of the following—

F114a

the Royal Navy Police;

c

the Royal Military Police;

d

the Royal Air Force Police;

e

the Ministry of Defence Police;

F456f

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

F456g

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

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 F457National 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).

C22C18113BAF476F193Suitability 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;

F263b

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

F263c

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

F263d

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

F469e

whether the applicant is subject to a direction under F470section 128 of the Education and Skills Act 2008 (prohibition on participation in management of independent educational institution in England) or section 167A of the Education Act 2002 (prohibition on participation in management of independent school F471in Wales).

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.

113BAF215Information 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.

C23C19113BBF193Suitability 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;

F277b

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

F277c

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

F277d

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

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 F278;

c

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

F523c

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.

113CAF214Suitability 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;

F222d

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

F223e

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;

F472fa

if a sexual harm prevention order, made under section 103A of the Sexual Offences Act 2003, is in effect in respect of the applicant—

i

the prohibitions described in that order;

ii

the date of that order;

iii

the period for which the prohibitions have effect by virtue of section 103C(2) or 103D(1) of that Act;

iv

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

fb

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

i

the prohibitions described in that order;

ii

the date of that order;

iii

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

iv

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

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;

F473ia

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

i

the prohibitions described in that order;

ii

the date of that order;

iii

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

iv

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

ib

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

i

the prohibitions described in that order;

ii

the date of that order;

iii

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

iv

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

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;

F224d

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

F225e

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;

F474fa

if a sexual harm prevention order, made under section 103A of the Sexual Offences Act 2003, is in effect in respect of the applicant—

i

the prohibitions described in that order;

ii

the date of that order;

iii

the period for which the prohibitions have effect by virtue of section 103C(2) or 103D(1) of that Act;

iv

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

fb

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

i

the prohibitions described in that order;

ii

the date of that order;

iii

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

iv

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

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;

F475ia

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

i

the prohibitions described in that order;

ii

the date of that order;

iii

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

iv

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

ib

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

i

the prohibitions described in that order;

ii

the date of that order;

iii

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

iv

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

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.

F216113CCriminal record certificates: suitability relating to children

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

F216113DCriminal record certificates: suitability relating to adults

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

C34C33F386F216113ECriminal 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

F323The Secretary of StateF323DBS must notify the registered person—

a

if the applicant is not included in a specified children's list, of that fact;

b

if the applicant is included in such a list, of the details prescribed for the purposes of section 113C(1)(b) above;

c

if the applicant is not subject to a specified children's direction, of that fact;

d

if the applicant is subject to such a direction, of the grounds on which the direction was given and the details prescribed for the purposes of section 113C(1)(d) above.

3

Subsection (4) applies to an application under section 113A or 113B if—

a

it is accompanied by an adults' suitability statement,

b

the registered person requests an urgent preliminary response, and

c

the applicant pays in the prescribed manner such additional fee as is prescribed in respect of the application.

4

F324The Secretary of StateF324DBS must notify the registered person either—

a

that the applicant is not included in a specified adults' list, or

b

that a criminal record certificate or enhanced criminal record certificate will be issued in due course.

5

In this section—

  • “criminal record certificate” has the same meaning as in section 113A;

  • “enhanced criminal record certificate” has the same meaning as in section 113B;

  • “children's suitability statement” “, specified children's direction” and “specified children's list” have the same meaning as in section 113C;

  • “adults' suitability statement” and “specified adults' list” have the same meaning as in section 113D.

F216113FCriminal record certificates: supplementary

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

I5I37114 Criminal record certificates: Crown employment.

1

F325The Secretary of StateF325DBS shall issue a criminal record certificate to any individual who—

a

makes an application under this section F144...,

F280aa

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

F524aa

except in prescribed circumstances, is aged 16 or over at the time of making the application, and

F72b

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

F72b

pays in the prescribed manner any prescribed fee

2

An application under this section must be accompanied by a statement by F227a Minister of the CrownF227a 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.

F2262A

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

F279F196Section 113A(3) to (6)F279Sections 113A(3) to (6), 120AC and 120AD shall apply in relation to this section with any necessary modifications.

F106E2115 Enhanced criminal record certificates.

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

F106E3115 Enhanced criminal record certificates.

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

Annotations:
Extent Information
E3

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

I6I38C24C31C32116 Enhanced criminal record certificates: judicial appointments and Crown employment.

1

F326The Secretary of StateF326DBS shall issue an enhanced criminal record certificate to any individual who—

a

makes an application under this section F147...,

F281aa

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

F526aa

except in prescribed circumstances, is aged 16 or over at the time of making the application, and

F73b

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

F73b

pays in the prescribed manner any prescribed fee

2

An application under this section must be accompanied by a statement by F229a Minister of the Crown, or a person nominated by a Minister of the Crown,F229a person mentioned in subsection (2A) that the certificate is required for the purposes of an exempted question asked in the course of considering the applicant’s suitability for—

a

a judicial appointment, or

b

an appointment by or under the Crown to a position F168to which subsection (3) or (4) of section 115 appliesF168of such description as may be prescribed.

F2282A

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

F165Sections 113B(3) to (11) F525and F387113BA to 113BCF525, 113BA to 113BC, 120AC and 120ADF230113CA to 113CC shall apply in relation to this section with any necessary modifications.

116ZAF488Copies of criminal record certificate or enhanced criminal record certificate

1

Subsection (2) applies where—

a

the Scottish Ministers issue a criminal record certificate or an enhanced criminal record certificate, and

b

the certificate does not include details of a conviction for an offence listed in schedule 8B which is—

i

a spent conviction, but

ii

not a protected conviction.

2

The Scottish Ministers must send a copy of the certificate to the relevant person at the same time as they issue the certificate.

3

Subsections (4) and (5) apply where—

a

the Scottish Ministers issue a criminal record certificate or an enhanced criminal record certificate to an individual, and

b

the certificate includes details of a conviction for an offence listed in schedule 8B which is—

i

a spent conviction, but

ii

not a protected conviction.

4

Where—

a

the individual notifies the Scottish Ministers before the end of the period mentioned in section 116ZB(3)(a) that the individual does not intend to make an application under section 116ZB(2), or

b

that period expires without the individual having notified the Scottish Ministers that the individual does intend to make such an application

the Scottish Ministers must send a copy of the certificate to the relevant person as soon as possible after receiving the notification or, as the case may be, the expiry of that period.

5

The Scottish Ministers must not send a copy of the certificate to the relevant person if the individual notifies the Scottish Ministers before the end of the period mentioned in section 116ZB(3)(a) that the individual intends to make an application under section 116ZB(2).

6

In this section, “relevant person” means—

a

in relation to a criminal record certificate issued under section 113A(1) or an enhanced criminal record certificate issued under section 113B(1), the person who countersigned the application for the certificate under section 113A(2)(a) or, as the case may be, 113B(2)(a),

b

in relation to a criminal record certificate issued under section 114(1) or an enhanced criminal record certificate issued under section 116(1), the person who made the statement in relation to the certificate under section 114(2) or, as the case may be, 116(2).

116ZBApplication for an order for a new criminal record certificate or enhanced criminal record certificate

1

This section applies where—

a

the Scottish Ministers issue a criminal record certificate or an enhanced criminal record certificate to an individual, and

b

the certificate includes details of a conviction for an offence listed in schedule 8B which is—

i

a spent conviction, but

ii

not a protected conviction.

2

The individual may apply to the sheriff for an order requiring the Scottish Ministers to issue a new certificate that does not include those details.

3

An application under subsection (2)—

a

may only be made if the individual, before the end of the period of 10 working days beginning with the date of the issue of the certificate, notifies the Scottish Ministers of an intention to make the application, and

b

must be made before the end of the period of 6 months beginning with the date on which that notification is given.

4

No finding of fact on which a conviction is based may be challenged in an application under subsection (2).

5

Proceedings in an application under subsection (2) may take place in private if the sheriff considers it appropriate in all the circumstances.

6

In determining an application under subsection (2) the sheriff must—

a

if satisfied that the details are not relevant to the purpose for which the certificate was required, allow the application,

b

otherwise, refuse the application.

7

The sheriff may allow the application in part where it relates to details in relation to two or more convictions.

8

The decision of the sheriff on an application is final.

9

Where the sheriff allows the application, the sheriff must order the Scottish Ministers—

a

to issue a new certificate to the individual as if the individual had made the application for the certificate under section 113A(1), 113B(1), 114(1) or, as the case may be, 116(1) on the date on which the sheriff makes the order,

b

to exclude from that certificate the details which the sheriff is satisfied are not relevant.

10

Where the sheriff refuses the application—

a

the Scottish Ministers must issue a new certificate to the individual as if the individual had made the application for the certificate under section 113A(1), 113B(1), 114(1) or, as the case may be, 116(1) on the date on which the sheriff makes the order,

b

the individual may not make an application under subsection (2) in relation to the details of the conviction in connection with the new certificate (or any subsequent certificate issued in relation to the original certificate application).

11

In subsection (10)(b), the “original certificate application” is the application for the certificate mentioned in subsection (1)(a).

12

Sections 116ZA and 117 apply to a new certificate issued under subsection (9) or (10)(a) as if the certificate had been issued under section 113A(1), 113B(1), 114(1) or, as the case may be, 116(1).

116AF417Up-dating certificates

1

F432DBS 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

F433DBS 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 F434DBS for the certificate to be subject to up-date arrangements,

b

the individual has paid in the prescribed manner any prescribed fee,

c

F434DBS 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 F435DBS 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

F435DBS 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

F436DBS 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—

    1. a

      in relation to a criminal conviction certificate—

      1. i

        the individual whose certificate it is, or

      2. ii

        any person authorised by the individual,

    2. b

      in relation to a criminal record certificate—

      1. i

        the individual whose certificate it is, or

      2. ii

        any person who is authorised by the individual and is seeking the information for the purposes of an exempted question, and

    3. c

      in relation to an enhanced criminal record certificate—

      1. i

        the individual whose certificate it is, or

      2. 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).

I7I39117 Disputes about F421accuracy of certificatesF421certificates and up-date information.

1

Where an applicant for a certificate under any of sections 112 to 116 believes that the information contained in the certificate is inaccurate he may make an application F148in writing to F327the Secretary of StateF327DBS for a new certificate.

F2821A

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 F328DBS for a decision as to whether or not the information is inaccurate.

F5271A

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 the Department for a decision as to whether or not the information is inaccurate.

F4221B

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 F437DBS for corrected up-date information.

2

F329The Secretary of StateF329DBS shall consider any application under this section; and where F330heF330it is of the opinion that the information in the certificate is inaccurate F424, or that the wrong up-date information has been given,F330heF330it shall issue a new certificate F425or (as the case may be) corrected up-date information.

F4232A

In this section—

  • “corrected up-date information”, in relation to a certificate, means information which includes—

    1. a

      information that the wrong up-date information was given in relation to the certificate on a particular date, and

    2. b

      new up-date information in relation to the certificate,

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

F1493

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 F491reasonably believes the information concerned to be relevant for the purpose in respect of which it was requested.

F4905

This section does not apply to any information which could be the subject of an application under section 116ZB(2).

117AE11F252Other 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 F331DBS of that fact, and

b

on being so informed, F331DBS must issue a new certificate.

6

In issuing such a certificate, F332DBS 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.

117AE12F510Other 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).

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 the Department of that fact, and

b

on being so informed, the Department must issue a new certificate.

6

In issuing such a certificate, the Department 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

F333The Secretary of StateF333DBS may refuse to issue a certificate under this Part, or to consider F528an application as mentioned in section 116A(4)(a) or (5)(a) or an application under section 117 F529, 117AF161or 120, unless the application is supported by such evidence of identity as F334heF334it may require.

2

In particular, F336the Secretary of StateF336DBS 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.

F1622A

For the purpose of verifying evidence of identity supplied in pursuance of subsection (1) F388the Secretary of StateF388DBS may obtain such information as F335heF335it thinks is appropriate from data held—

a

by the F150United Kingdom Passport AgencyF150Identity and Passport Service;

b

by the Driver and Vehicle Licensing Agency;

c

by Driver and Vehicle Licensing Northern Ireland;

d

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

e

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

F1512B

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.

F1523

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

F1523

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).

F4263A

F438DBS 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 F438DBS to verify whether information in the possession of F438DBS that F438DBS 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), F438DBS 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 F530or 117A where a new certificate is issued.

I9I41C20119 Sources of information.

1

Any person who holds records of convictions F231or cautionsF231, cautions or other information for the use of police forces generally shall make those records available to F339the Secretary of StateF339DBSF63for the purposes of an application F64(whether for a certificate or for registration) under this Part.F63for the purpose of enabling F340himF340it to carry out F197his 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.

F197a relevant function

F3381ZA

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.

F2831A

F342The Secretary of State may require the F341Disclosure 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;

F428aa

the provision of up-date information under section 116A; or

b

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

F1991B

F345The Secretary of StateF345DBS may require the chief officer of a police force to make available such information as F346heF346it may specify for the purpose of F532determining, in relation to applications under section 113B, whether the police force is a relevant police forceF532deciding whether to make a request to that chief officer under section 113B(4).

2

Where the chief officer of a police force receives a request under section F102113B or 116 F284... he shall comply with it as soon as practicable.

F4272A

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

F343The Secretary of StateF343DBS shall pay to the appropriate F244local policing body or police authority, F48... F163such fee as F344heF344the Secretary of State thinks appropriate for information provided in accordance with F65subsection (2)F65section 120A(4) or subsection (2) of this section.

4

Any person who holds records of fingerprints for the use of police forces generally shall make those records available to F348the Secretary of StateF348DBSF63for the purposes of an application under this Part.F63for the purpose of enabling F349himF349it to carry out F350hisF350its functions under this Part in relation to—

a

any application for a certificate or for registration;

F430aa

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.

F3374A

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.

F5314A

The Department of Justice may provide to the Disclosure and Barring Service any information it holds for the purposes of this Part in order to enable the Disclosure and Barring Service to determine whether, in relation to any person, paragraph 1, 2, 3, 5, 7, 8, 9 or 11 of Schedule 1 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 applies or appears to apply.

5

No proceedings shall lie against F352the Secretary of StateF352DBSF354or the Disclosure and Barring Service by reason of an inaccuracy in the information made available or provided to F353himF353itF355or it in accordance with this section.

F1646

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 F245local policing body or police authority must be construed as a reference to such body as is prescribed.

F1988

In this section a relevant function is a function of F347the Secretary of StateF347DBS—

a

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

F429aa

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;

F285c

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

d

F351under paragraph 1, 2, 7 or 8 of Schedule 3 to F286the Safeguarding Vulnerable Groups Act 2006 (considering whether criteria prescribed for the purpose of that paragraph apply to an individual).

119AF76Further sources of information: Scotland

1

Any person who holds, in Scotland, records of convictions F234or 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 F232, 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 F233... .

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.

119BF173Independent 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.

F2114A

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—

F533a

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

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) F289or disclosed in pursuance of section 113B(5)(c) and (6)(b);

F431ca

a sample of cases in which the chief officer of a police force has decided that information should be disclosed or not disclosed to F439DBS for the purpose of the provision by F439DBS of up-date information under section 116A.

F288d

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

F288e

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

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.

F2878A

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

F5348A

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 F535or section 117A.

E15I10120 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 F292DBS for the purposes of this Part.

F1292

F293DBS shall include in the register any person who—

a

applies to F304it in writing to be registered, F253and

b

satisfies the conditions in subsections (4) to (6), F254...

F254c

...

F2552A

Subsection (2) is subject to—

a

regulations under section 120ZA,

b

section 120A, and

c

section 120AA and regulations made under that section.

F1303

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

4

A person applying for registration under this section must be—

a

a body corporate or unincorporate,

b

a person F249who is appointed to an office by virtue of any enactment F250and who, in the case of an individual, is aged 18 or over, or

c

an individual F251aged 18 or over who employs others in the course of a business.

5

A body applying for registration under this section must satisfy F294DBS that it—

a

is likely to ask exempted questions, or

b

is likely to F183act as the registered person in relation to applications under section F117113A 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 F295DBS that he is likely to ask exempted questions.

7

In this section “exempted question” has the same meaning as in section F118113A.

E1I11120 Registered persons.

1

For the purposes of this Part a registered person is a person who is listed in a register to be maintained by the Secretary of State for the purposes of this Part.

2

Subject to F77section 120A and regulations under subsection (3), the Secretary of State shall include in the register any person who applies to him F141... to be registered and satisfies the conditions in subsections (4) to (6).

3

The Secretary of State may make regulations about the maintenance of the register; and regulations may, in particular, provide for—

a

the information to be included in the register,

F78aa

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 F116113A 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 F117113A 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 F118113A.

E10I21 120 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.

F1292

F512The Secretary of State shall include in the register any person who—

a

applies to him in writing to be registered, F513 and

b

satisfies the conditions in subsections (4) to (6),F514...

F514c

...

F5152A

Subsection (2) is subject to—

a

regulations under section 120ZA,

b

section 120A, and

c

section 120AA and regulations made under that section.

F130 3

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

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.

F4954A

An individual under the age of 18 applying for registration undersubsection (4)(b) or (c) must satisfy the Department that there is good reason for being registered.

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 F516 act as the registered person in relation to applications under section F117 113A 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 F118113A .

I25120ZAF133Regulations 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 F538or the transmitting of applications under section 113A(2A) or 113B(2A), and

e

the refusal by F378the Secretary of StateF378DBS, on such grounds as may be specified in or determined under the regulations, to accept or to continue to accept the nomination of a person as so authorised.

3

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

a

for the registration or continued registration of any person to be subject to prescribed conditions or, if the regulations so provide, such conditions as F379the Secretary of StateF379DBS thinks fit, and

b

for F379the Secretary of StateF379DBS to vary or revoke those conditions.

4

The conditions imposed by virtue of subsection (2)(c) may in particular include conditions—

a

requiring a registered person, before F539acting as the registered person in relation to an application at an individual’s request, to verify the identity of that individual in the prescribed manner,

b

requiring an application under section F103113A or 113B to be transmitted by electronic means to F377the Secretary of StateF377DBS by the F537person who acts as the registered person in relation to the application, and

c

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

120ZBF212Regulations 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.

F2132A

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).

I22C21120AE4F49 Refusal and cancellation of registration F131on grounds related to disclosure

1

F296DBS may refuse to include a person in the register maintained for the purposes of this Part if it appears to F305it that the registration of that person is likely to make it possible for information to become available to an individual who, in F296DBS's opinion, is not a suitable person to have access to that information.

2

F297DBS may remove a person from the register if it appears to F297DBS—

a

that the registration of that person is likely to make it possible for information to become available to an individual who, in F297DBS's opinion, is not a suitable person to have access to that information; or

b

that the registration of that person has resulted in information becoming known to such an individual.

C113

In determining for the purposes of this section whether an individual is a suitable person to have access to any information, F298DBS may have regard, in particular, to—

a

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

F246b

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

c

any information provided to F298DBS under subsection (4).

F2473A

The information is—

a

whether the person is barred from regulated activity;

F258b

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

F258c

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

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).

F2593B

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

F2593C

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

3D

Expressions used in F260subsection (3A) and in the Safeguarding Vulnerable Groups Act 2006 have the same meaning in F261that subsection as in that Act F262....

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 F299DBS to provide F299DBS 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 F184a 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 F299DBS has notified to the chief officer to be a matter which, in the opinion of F299DBS, is relevant to the determination of the suitability of individuals for having access to the information that may be provided in consequence of F185a 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 F119113A.

F1376

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.

F2577

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.

C17120AE6F75Refusal 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 F99113A);

b

whether that person is included in any list mentioned in section F100113C(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 F98such fee as they consider appropriate.

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.

F1017

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.

I22C21C17120AE4F49 Refusal and cancellation of registration F131on grounds related to disclosure

1

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

2

The Secretary of State may remove a person from the register if it appears to the Secretary of State—

a

that the registration of that person is likely to make it possible for information to become available to an individual who, in the Secretary of State's opinion, is not a suitable person to have access to that information; or

b

that the registration of that person has resulted in information becoming known to such an individual.

C113

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

a

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

F246b

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

c

any information provided to the Secretary of State under subsection (4).

F2473A

The information is—

a

whether the person is barred from regulated activity;

F258b

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

F258c

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

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).

F2593B

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

F2593C

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

3D

Expressions used in F260subsection (3A) and in the Safeguarding Vulnerable Groups Act 2006 have the same meaning in F261that subsection as in that Act F262....

4

It shall be the duty of the chief officer of any police force to comply, as soon as practicable after receiving it, with any request by the Secretary of State to provide the Secretary of State with information which—

a

is available to the chief officer;

b

relates to—

i

an applicant for registration;

ii

a registered person; or

iii

an individual who is likely to have access to information in consequence of F517 a 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 the Secretary of State has notified to the chief officer to be a matter which, in the opinion of the Secretary of State, is relevant to the determination of the suitability of individuals for having access to the information that may be provided in consequence of F522 a 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 F119113A.

F1376

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.

F2577

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.

I23120AAE13F132Refusal, cancellation or suspension of registration on other grounds

1

Regulations may make provision enabling F356DBS in prescribed cases to refuse to register a person who, in the opinion of F356DBS, is likely to F180act as the registered person in relation to fewer applications under this Part in any period of twelve months than a prescribed minimum number.

2

Subsection (3) applies where a registered person—

a

is, in the opinion of F357DBS, no longer likely to wish to F181act as the registered person in relation to applications under this Part,

b

has, in any period of twelve months during which he was registered, F182acted as the registered person in relation to fewer applications under this Part than the minimum number specified in respect of him by regulations under subsection (1), or

c

has failed to comply with any condition of his registration.

3

Subject to section 120AB, F359DBS may—

a

suspend that person’s registration for such period not exceeding 6 months as F359DBS thinks fit, or

b

remove that person from the register.

F2904

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

F358DBS may refuse the application.

I23120AAE14Refusal, cancellation or suspension of registration on other grounds

1

Regulations may make provision enabling the Secretary of State in prescribed cases to refuse to register a person who, in the opinion of the Secretary of State, is likely to F518 act as the registered person in relation to fewer applications under this Part in any period of twelve months than a prescribed minimum number.

2

Subsection (3) applies where a registered person—

a

is, in the opinion of the Secretary of State, no longer likely to wish to F519act as the registered person in relation to applications under this Part,

b

has, in any period of twelve months during which he was registered, F520 acted as the registered person in relation to fewer applications under this Part than the minimum number specified in respect of him by regulations under subsection (1), or

c

has failed to comply with any condition of his registration.

3

Subject to section 120AB, the Secretary of State may—

a

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

b

remove that person from the register.

F5214

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

The Department may refuse the application.

I24120ABProcedure for cancellation or suspension under section 120AA

1

Before cancelling or suspending a person’s registration by virtue of section 120AA, F361the Secretary of StateF361DBS must send F362himF362its written notice of his intention to do so.

2

Every such notice must—

a

give F363the Secretary of State’sF363DBS's reasons for proposing to cancel or suspend the registration, and

b

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

3

A person who receives such a notice may, within 21 days of service, make representations in writing to F364the Secretary of StateF364DBS as to why the registration should not be cancelled or suspended.

4

After considering such representations, F365the Secretary of StateF365DBS must give the registered person written notice—

a

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

b

that F368heF368it does not propose to take any further action.

5

If no representations are received within the period mentioned in subsection (3) F366the Secretary of StateF366DBS may cancel or suspend the person’s registration at the end of the period mentioned in that subsection.

6

Subsection (1) does not prevent F367the Secretary of StateF367DBS from imposing on the registered person a lesser sanction than that specified in the notice under that subsection.

7

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

8

This section does not apply where—

a

F360the Secretary of StateF360DBS is satisfied, in the case of a registered person other than a body, that the person has died or is incapable, by reason of physical or mental impairment, of F536acting as the registered person in relation to applications under this Part, or

b

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

9

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

120ACE16F248Registered persons: information on progress of an application

1

F369DBS 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, F370DBS 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,

F371DBS may inform the person who made the request that the certificate was such a certificate.

5

If no certificate has been issued, F372DBS must inform the person who made the request of such other matters relating to the processing of the application as F372DBS considers appropriate.

6

Subject to subsections (2) to (4), nothing in this section permits F373DBS 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

F374DBS 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.

120ACE17F511Registered persons: information on progress of an application

1

The Department 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, the Department 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 included in a list kept under Article 70(2)(e)(iii) or 88A(2)(b)(iii) of the Education and Libraries (Northern Ireland) Order 1986,

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

5

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

6

Subject to subsections (2) to (4), nothing in this section permits the Department 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

The Department 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 (Northern Ireland) Order 2007 have the same meaning in that paragraph as in that Order.

120ADE16Registered persons: copies of certificates in certain circumstances

1

Subsection (2) applies if—

a

F375DBS 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

F376DBS 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 F376DBS under section 113A(2A) or 113B(2A),

b

has informed F376DBS 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.

120ADE17F511Registered persons: copies of certificates in certain circumstances

1

Subsection (2) applies if—

a

the Department 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

The Department 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 the Department under section 113(2A) or 113B(2A),

b

has informed the Department 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.

F153In 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 F104 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 F239, or the discharge of any function by, registered persons under this Part.

F4181A

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

F175Subsection (3A) applies if F300the Secretary of StateF300DBS thinks that the F186registered person who countersignedF186person who acted as the registered person in relation to an application for a certificate under section 113A or 113B—

a

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

b

F187countersignedF187acted as the registered person at the request of a body which, or individual who, has failed to comply with the code of practice.

F1743A

F301The Secretary of StateF301DBS may—

a

F509refuse to issue the certificate;

b

suspend the registration of the person;

c

cancel the registration of the person.

3B

Section 120AB applies if F303the Secretary of StateF303DBS proposes to suspend or cancel a person's registration under subsection (3A) above as it applies if F306heF306it proposes to suspend or cancel a person's registration by virtue of section 120AA.

E9I13I26122 Code of practice.

1

The Secretary of State shall publish, and may from time to time revise, a code of practice in connection with the use of information provided to F67, 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 F240113A or 113BF235, 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 F236or, 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 F237or, 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.

F664

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

F241i

has countersigned or is likely to countersign an application under section F120113A or 113BF242; or

ii

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

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

I27122AF134Delegation of functions of Secretary of State

F3801

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.

122BF140Delegation 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 F121113A or 113B unless he discloses it, in the course of his duties,—

a

to another member, officer or employee of the registered body,

b

to a member, officer or employee of a body at the request of which the registered body F190countersignedF190acted as the registered person in relation to the application, or

c

to an individual at whose request the registered body F190countersignedF190acted as the registered person in relation to the relevant application.

2

Where information is provided under section F122113A or 113B following an application F188countersignedF188in 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 F123113A or 113B following an application F189countersigned by or at the request of an individualF189in 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 F124113A 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 F540(5) or (6)(a), (d), (e) or (f),

the person to whom the information is disclosed commits an offence (subject to F544subsections (5) and (6)F544subsection (6)) if he discloses it to any other person.

5

F291Subsections (1) to (4) do not apply to a disclosure of information provided in accordance with section F126113B(5) which is made with the written consent of the chief officer who provided the information.

6

Subsections (1) to (4) do not apply to a disclosure of information contained in a certificate under section F125113A 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 F127113A) 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.

I30124AE5F135Further 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 F302the Secretary of StateF302DBS commits an offence if he discloses information which has been obtained by him in connection with those functions and which relates to a particular person unless he discloses the information, in the course of his duties,—

a

to another person engaged in the discharge of those functions,

b

to the chief officer of a police force in connection with a request under this Part to provide information to F302the Secretary of StateF302DBS, or

c

to an applicant F419... 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.

F1366

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.

F2566A

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

124AE7Review of certain decisions as to registration

1

Where the Scottish Ministers decide to refuse to include a person in the register maintained for the purposes of this Part or, other than by virtue of section 120(3)(b), to remove him from that register they shall notify him in writing of that decision and of their reason for so deciding and shall send a copy of that notification to the Secretary of State.

2

If the person considers that the information upon which the decision was based may have been inaccurate he may, by written notice to the Scottish Ministers setting out his reason for so considering, require them to review the decision; and they shall notify him in writing of the results of their review and of any consequential change in the decision and shall send a copy of—

a

the notice; and

b

the notification,

to the Secretary of State.

3

Any notification given by the Scottish Ministers under subsection (1) or (2) shall include information as to the provisions of any regulations made under section 120(3)(ac).

4

The Scottish Ministers may, for the purposes of this section, make regulations as to procedure; and such regulations may, in particular, make provision in relation to—

a

information to be included in any notification under subsection (1) or (2); and

b

the period within which—

i

a requirement may be made under subsection (2); or

ii

a decision under subsection (1) is to be implemented.

Annotations:
Extent Information
E7

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

124BF79Scottish 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.

F4671A

In prescribing the amount of a fee that—

a

is payable in relation to applications under a particular provision of this Part, but

b

is not payable in relation to applications made by volunteers,

the Secretary of State may take into account not only the costs associated with applications in relation to which the fee is payable but also the costs associated with applications under that provision made by volunteers.

2

Regulations under this Part shall be made by statutory instrument.

F1663

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

4

A statutory instrument F167... 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.

F1286

If the power mentioned in subsection (1) is exercised by the Scottish Ministers, the reference in F108subsection (3)F108subsection (4) to each House of Parliament must be construed as a reference to the Scottish Parliament.

125AF139Form 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).

125BF209Form of applications

1

F381The Secretary of StateF381DBS may determine the form, manner and contents of an application for the purposes of any provision of this Part.

2

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

F5413

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 F542but does not include any documents issued in response to—

    1. (a)

      a request under section 116A(1),

    2. (b)

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

    3. (c)

      a request under section 120AC or 120AD;

  • “chief officer” means—

    1. i

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

    2. ii

      F402the chief constable of the Police Service of Scotland, and

    3. iii

      the Chief Constable of the F50Police Service of Northern Ireland;

  • F382“DBS” means the Disclosure and Barring Service established by section 87(1) of the Protection of Freedoms Act 2012;

  • F543“the Department” means the Department of Justice in Northern Ireland;

  • “government department” includes a Northern Ireland department;

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

  • F238“office-holder in the Scottish Administration” has the same meaning as in the Scotland Act 1998 (c. 46);

  • “police authority” means—

    1. i

      F389the Scottish Police Authority, and

    2. ii

      the F51Northern Ireland Policing Board;

  • “police force” means—

    1. i

      a police force in Great Britain, and

    2. ii

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

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

  • F492“protected conviction” is to be construed in accordance with section 126ZA.

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.

F2003

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.

F1153

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).

126ZAF489Protected convictions

1

For the purposes of this Part a conviction is a protected conviction if—

a

it is a spent conviction, and

b

either—

i

it is not a conviction for an offence listed in schedule 8A or 8B, or

ii

it is a conviction for an offence listed in schedule 8B and at least one of the conditions specified in subsection (2) is satisfied.

2

The conditions are—

a

the disposal in respect of the conviction was an admonition or an absolute discharge,

b

the person was aged under 18 on the date of conviction and at least 7 years and 6 months have passed since the date of the conviction,

c

the person was aged 18 or over on the date of conviction and at least 15 years have passed since the date of the conviction.

3

In subsection (2)(a), the reference to an absolute discharge includes a reference to the discharge of the referral of a child’s case to a children’s hearing under—

a

section 69(1)(b) and (12) of the Children (Scotland) Act 1995, or

b

section 91(3)(b), 93(2)(b), 108(3)(b), or 119(3)(b) of the Children’s Hearings (Scotland) Act 2011.

126ZBOffences in schedules 8A and 8B

1

The Scottish Ministers may by regulations modify schedule 8A or 8B.

2

Regulations under subsection (1) are subject to the affirmative procedure.

126AF210Part 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

F383section 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 F385section 119 or 119B(2), (4) or (4A),

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

3

F384Section 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;

F96b

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

F97c

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

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.