xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

Police Act 1997

1997 CHAPTER 50

An Act to make provision for the National Criminal Intelligence Service and the National Crime Squad; to make provision about entry on and interference with property and with wireless telegraphy in the course of the prevention or detection of serious crime; to make provision for the Police Information Technology Organisation; to provide for the issue of certificates about criminal records; to make provision about the administration and organisation of the police; to repeal certain enactments about rehabilitation of offenders; and for connected purposes.

[21st March 1997]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Modifications etc. (not altering text)

C1Act: power to modify conferred (E.W.S.) (2.4.2001) by 2000 c. 39, s. 7(2); S.I. 2001/766, art. 2(1)(a) (subject to the transitional provisions and savings in art. 3)

Act amended (13.8.2001, to the extent as mentioned in art. 2 of the Commencement Order, 1.10.2007 in so far as not already in force) by 2000 c. 23, ss. 72(4)(d), 83(2) (with s. 82(3)); S.I. 2001/2727, art. 2; S.I. 2007/2196, art. 2(h)

C2Act power to apply (with modifications) conferred (temp.) (25.3.2020) by Coronavirus Act 2020 (c. 7), ss. 22(4), 87(1) (with ss. 22(7), 88-90)

Commencement Information

I1Act partly in force at Royal Assent, see s. 135

Part IU.K. The National Criminal Intelligence Service

The Service AuthorityU.K.

F11 The Service Authority for the National Criminal Intelligence Service.U.K.

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

FunctionsU.K.

F12 General functions of the NCIS Service Authority and NCIS.U.K.

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

F13 Objectives.U.K.

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

F14 Service plans.U.K.

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

F15 Annual reports.U.K.

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

Director General and other membersU.K.

F16 Appointment of Director General.U.K.

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

F17 Removal of Director General by the Authority.U.K.

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

F18 Deputy Director General.U.K.

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

F19 Members of NCIS.U.K.

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

F19A Removal of certain members appointed under section 9U.K.

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

Functions of Director GeneralU.K.

F110 General function of Director General.U.K.

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

F111 Reports by Director General to the Authority.U.K.

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

F112 Responsibility for co-ordination of police and Security Service activities.U.K.

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

Service Authority’s officers and employeesU.K.

F113 Officers and employees.U.K.

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

F114 Appointment of clerk.U.K.

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

F115 Appointment of persons not employed by the NCIS Service Authority.U.K.

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

Financial provisionsU.K.

F116 NCIS service fund.U.K.

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

F116A Budget statementU.K.

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

F117 Grants from the Secretary of StateU.K.

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

F117A Provision supplemental to section 17U.K.

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

F118. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

F118A Financing by the Scottish MinistersU.K.

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

F119 Charges.U.K.

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

F120 Acceptance of gifts and loans.U.K.

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

F121 Pensions and gratuities.U.K.

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

F121A AccountsU.K.

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

General provisionsU.K.

F122 Collaboration agreements.U.K.

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

F123 Aid by and for NCIS.U.K.

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

F124 Provision of special services.U.K.

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

Central supervision and directionU.K.

F125 General duty of the Secretary of State and the Scottish MinistersU.K.

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

F126 Setting of objectives.U.K.

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

F127 Setting of performance targets.U.K.

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

F128 Codes of practice.U.K.

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

F128A Codes of practice for Director General of NCISU.K.

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

F129 Removal of Director General etc.U.K.

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

F130 Power to give directions to NCIS Service AuthorityU.K.

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

F131 Reports from NCIS Service Authority.U.K.

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

F131A Power to give directions as to action plansU.K.

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

F131B Procedure for giving directions by the Secretary of StateU.K.

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

F131C Procedure for giving directions by the Scottish MinistersU.K.

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

F132 Reports from Director General.U.K.

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

F133 Criminal statistics.U.K.

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

F134 Inquiries.U.K.

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

F134A Regulations for NCISU.K.

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

F135 Regulations as to standard of equipment.U.K.

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

F136 Common services.U.K.

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

Discipline and complaintsU.K.

F137 Discipline regulations.U.K.

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

F138 Appeals.U.K.

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

F139 Complaints.U.K.

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

F140 Information as to the manner of dealing with complaints etc.U.K.

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

MiscellaneousU.K.

F141 Arrangements for consultation.U.K.

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

F142 Liability for wrongful acts of constables etc.U.K.

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

F143 Causing disaffection.U.K.

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

F144 Orders governing NCIS Service Authority.U.K.

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

GeneralU.K.

F145 Orders and regulations.U.K.

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

F146 Interpretation of Part I.U.K.

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

Part IIE+W The National Crime Squad

Modifications etc. (not altering text)

C3Pt. II (ss. 47-90): Power to continue conferred (11.5.2001) by 2001 c. 16, ss. 109(2)(c)(i), 138

The Service AuthorityE+W

F147 The Service Authority for the National Crime Squad.E+W

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

FunctionsE+W

F148 General functions of the NCS Service Authority and the National Crime Squad.E+W

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

F149 Objectives.E+W

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

F150 Service plans.E+W

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

F151 Annual reports.E+W

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

Director General and other membersE+W

F152 Appointment of Director General.E+W

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

F153 Removal of Director General by the Authority.E+W

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

F154 Deputy Director General.E+W

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

F155 Members of the National Crime Squad.E+W

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

F155A Removal of certain members appointed under section 55E+W

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

Functions of Director GeneralE+W

F156 General function of Director General.E+W

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

F157 Reports by Director General to the Authority.E+W

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

Service Authority’s officers and employeesE+W

F158 Officers and employees.E+W

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

F159 Appointment of clerk.E+W

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

F160 Appointment of persons not employed by the NCS Service Authority.E+W

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

Financial provisionsE+W

F161 NCS service fund.E+W

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

F161A Budget statementE+W

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

F162 Grants from the Secretary of StateE+W

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

F162A Provision supplemental to section 62E+W

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

F163 Initial financing of NCS Service Authority.E+W

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

F164 Charges.E+W

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

F165 Acceptance of gifts and loans.E+W

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

F166 Pensions and gratuities.E+W

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

F166A AccountsE+W

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

F167 Revenue accounts and capital finance.E+W

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

F168 Financial administration.E+W

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

Special servicesE+W

F169 Provision of special services.E+W

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

Central supervision and directionE+W

F170 General duty of Secretary of State.E+W

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

F171 Setting of objectives.E+W

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

F172 Setting of performance targets.E+W

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

F173 Codes of practice.E+W

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

F173A Codes of practice for Director General of NCSE+W

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

F174 Removal of Director General etc.E+W

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

F175 Power to give directions to NCS Service AuthorityE+W

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

F176 Reports from NCS Service Authority.E+W

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

F176A Power to give directions as to action plansE+W

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

F176B Procedure for giving directions under sections 75 and 76AE+W

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

F177 Reports from Director General.E+W

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

F178 Criminal statistics.E+W

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

F179 Inquiries.E+W

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

F179A Regulations for NCSE+W

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

F180 Regulations as to standard of equipment.E+W

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

F180A Regulation of procedures and practicesE+W

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

Discipline and complaintsE+W

F181 Discipline regulations.E+W

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

F182 Appeals.E+W

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

F183 Complaints.E+W

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

F184 Information as to the manner of dealing with complaints etc.E+W

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

MiscellaneousE+W

F185 Arrangements for consultation.E+W

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

F186 Liability for wrongful acts of constables etc.E+W

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

F187 Causing disaffection.E+W

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

88 Application to NCS Service Authority of local authority enactments.E+W

Schedule 6 (which amends local authority enactments applying to police authorities so as to apply those enactments in a similar way to the NCS Service Authority) shall have effect.

Commencement Information

I2S. 88 partly in force; s. 88 not in force at Royal Assent, see s. 135; s. 88 in force for certain purposes at: 23.7.1997 by S.I. 1997/1377, art. 4; 31.10.1997 by S.I. 1997/2390, art. 2 (with arts. 3-7 (of which arts. 4-7 were revoked (1.4.1998) by S.I. 1998/354, art. 7)); 1.4.1998 by S.I. 1998/354, art. 2

GeneralE+W

F289 Orders and regulations.E+W

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

F390 Interpretation of Part II.E+W

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

Part IIIU.K. Authorisation of Action in Respect of Property

Modifications etc. (not altering text)

C4Pt. 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

C5Pt. 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)

C7Pt. 3: power to amend conferred (1.11.2022 for specified purposes, 20.2.2023 for specified purposes, 19.6.2023 in so far as not already in force) by 2006 c. 52, s. 340P(5)(b) (as inserted by Armed Forces Act 2021 (c. 35), ss. 11(3), 24(1); S.I. 2022/1095, reg. 3; S.I. 2023/158, reg. 4; S.I. 2023/621, reg. 2)

The CommissionersU.K.

F491 The Commissioners.U.K.

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

Textual Amendments

AuthorisationsU.K.

92 Effect of authorisation under Part III.U.K.

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.

93 Authorisations to interfere with property etc.U.K.

(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,

[F5(ab)the taking of such action falling within subsection (1A), in respect of property outside the relevant area, as he may specify, or]

(b)the taking of such action in the relevant area as he may specify, in respect of wireless telegraphy.

[F6(1A)The action falling within this subsection is action for maintaining or retrieving any equipment, apparatus or device the placing or use of which in the relevant area has been authorised under this Part [F7or the Investigatory Powers Act 2016] 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 [F8National Crime Agency officer] [F9giving an authorisation on an application made by virtue of subsection (3)(b)(i)], [F10an officer of Revenue and Customs] [F11, an immigration officer] [F12or 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 [F13for the purpose of preventing or detecting] [F14

(i)serious crime, or

(ii)the use of an unmanned aircraft in the commission of a relevant offence], and

[F15(b)that the taking of the action is proportionate to what the action seeks to achieve.]

[F16(2A)Subsection (2) applies where the authorising officer is the Chief Constable or the Deputy Chief Constable of the [F17Police 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.

[F18(2AA)Where the authorising officer is the [F19chair 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.]

[F20(2AB)Where the authorising officer is the Chief Constable of the Civil Nuclear Constabulary, the only purpose falling within subsection (2)(a) is the purpose of preventing or detecting the use of an unmanned aircraft in the commission of a relevant offence.]

[F21(2AC)In the case of an England and Wales prison authorisation, the only purpose falling within subsection (2)(a) is the purpose of preventing or detecting the use of an unmanned aircraft in the commission of a relevant offence.]

[F22(2AD)In the case of a Northern Ireland prison authorisation, the only purpose falling within subsection (2)(a) is the purpose of preventing or detecting the use of an unmanned aircraft in the commission of a relevant offence.]

[F23(2AE)In the case of a Scottish penal institution authorisation, the only purpose falling within subsection (2)(a) is the purpose of preventing or detecting the use of an unmanned aircraft in the commission of a relevant offence.]

(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—

[F24(za)if the authorising officer is within subsection (5)(a) to (c)—

(i)by a member of the officer's police force; F25...

(ii)in a case where the chief officer of police of that force (“the authorising force”) has made an agreement under [F26section 22A] 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; [F27or

(iii)in a case where the chief officer of police of the authorising force has made an agreement under that section with the Director General of the National Crime Agency, by a National Crime Agency officer (but see subsection (3AA));]]

[F28(zb)if the authorising officer is within subsection (5)(d), by a constable of the Police Service of Scotland;]

(a)if the authorising officer is within [F29subsection] [F30(5)(e),] [F31(ea) or (ee)], by a member of his police force,

[F32(aa)if the authorising officer is within subsection (5)(eb) to (ed), by a member, as the case may be, of the [F33Royal Navy Police], the Royal Military Police or the Royal Air Force Police;]

[F34(aaa)if the authorising officer is within subsection (5)(eda), by a member of the tri-service serious crime unit;]

[F35(aab) if the authorising officer is within subsection (5)(edb), by the investigating officer designated to take charge of the investigation under regulation 36(2)(a) of the Service Police (Complaints etc.) Regulations 2023 or a person designated under paragraph (2)(b) of that regulation to assist the person designated under sub-paragraph (a);]

[F36(ab)if the authorising officer is within subsection (5)(ef), by a member of the Civil Nuclear Constabulary;]

[F37(b)if the authorising officer is within [F38subsection (5)(f)—

(i)by] a [F39National Crime Agency officer], [F40or

(ii)in a case where the Director General of the National Crime Agency has made an agreement under section 22A of the Police Act 1996 with the chief officer of police of one or more police forces, by a member of a collaborative force;]]

(d)if the authorising officer is within subsection (5)(h), by [F41an officer of Revenue and Customs] [F42, F43...

[F44(da)if the authorising officer is within subsection (5)(ha), by an immigration officer;]

[F45(db)in the case of an England and Wales prison authorisation, by—

(i)a prison officer,

(ii)an officer of a young offender institution,

(iii)an officer of a secure training centre, or

(iv)an officer of a secure college,

whose duties as such an officer are exercisable in relation to the relevant England and Wales institution (and, where that institution is a contracted out institution, such an officer who is temporarily attached to that institution is to be taken to have duties exercisable in relation to it);]

[F46(dc)in the case of a Northern Ireland prison authorisation, by—

(i)a prison officer, or

(ii)a member of custodial staff for a juvenile justice centre,

whose duties as such an officer or member of staff are exercisable in relation to the relevant Northern Ireland institution;]

[F47(dd)in the case of a Scottish penal institution authorisation, by a Scottish prison officer whose duties as such an officer are exercisable in relation to the relevant Scottish penal institution (and, where that institution is a contracted out Scottish penal institution, a Scottish prison officer who is temporarily attached to that institution is to be taken to have duties exercisable in relation to it);]

(e)if the authorising officer is within subsection (5)(i), by an officer of the [F48Competition and Markets Authority].]

[F49(ea)if the authorising officer is within subsection (5)(ia), by a staff officer of the Police Investigations and Review Commissioner.]

F50(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F51(3A)For the purposes of subsection (3)(za)(ii)—

(a)a police force is a collaborative force if—

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

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

(b)a reference to a police force is to the following—

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

(ii)the metropolitan police force; and

(iii)the City of London police force.]

[F52(3AA)A National Crime Agency officer may make an application by virtue of subsection (3)(za)(iii) only if permitted by the terms of the agreement mentioned in that provision to make applications for authorisations under this section to the authorising officer of the authorising force.

(3AB)For the purposes of subsection (3)(b), a police force is a collaborative force if—

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

(b)its members are permitted by the terms of the agreement to make applications for authorisations under this section to the authorising officer mentioned in that provision.

Paragraph (b) of subsection (3A) applies for the purposes of this subsection.]

[F53(3ZA)An authorisation under this section may be given by the authorising officer within subsection (5)(ia) only where it relates to the taking of action in pursuance of paragraph (b)(i) of section 33A of the Police, Public Order and Criminal Justice (Scotland) Act 2006.]

[F54(3ZB)An authorisation under this section may be given by the authorising officer within subsection (5)(edb) only where it relates to the carrying out of the functions of the Service Police Complaints Commissioner.]

F55(3B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F55(3C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F55(3D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F55(3E). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)For the purposes of subsection (2), conduct which constitutes one or more offences shall be regarded as serious crime if, and only if,—

(a)it involves the use of violence, results in substantial financial gain or is conduct by a large number of persons in pursuit of a common purpose, or

(b)the offence or one of the offences is an offence for which a person who has attained the age of twenty-one and has no previous convictions could reasonably be expected to be sentenced to imprisonment for a term of three years or more,

and, where the authorising officer is within subsection (5)(h), [F56the conduct] relates to an assigned matter within the meaning of section 1(1) of the M1Customs and Excise Management Act 1979 [F57or, where the authorising officer is within subsection (5)(ha), any of the offences is an immigration or nationality offence].

[F58(4A)For the purposes of subsection (2), “relevant offence” means—

(a)an offence under any of these provisions of the Prison Act 1952—

(i)section 39 (assisting a prisoner to escape);

(ii)section 40B (conveyance etc of List A articles into or out of prison);

(iii)section 40C (conveyance etc of List B or C articles into or out of prison);

(iv)section 40CB (throwing articles into prison);

(b)an offence under any of these provisions of the Prison Act (Northern Ireland) 1953—

(i)section 29(1) (assisting escape from lawful custody);

(ii)section 33 (facilitating escape by conveying things into prison);

(iii)section 34A (conveyance etc of List A articles into or out of prison);

(iv)section 34B (conveyance etc of List B or C articles into or out of prison);

(c)an offence at common law in Scotland committed by assisting a prisoner in a penal institution in Scotland in escaping or attempting to escape from the institution;

(d)an offence at common law in Scotland committed by, intending to facilitate the escape of a prisoner from a penal institution in Scotland, doing any of the following things—

(i)bringing, throwing or otherwise conveying anything into the institution;

(ii)causing another person to bring, throw or otherwise convey anything into the institution;

(iii)giving anything to a prisoner or leaving anything in any place (whether inside or outside the institution);

(e)an offence under either of these provisions of the Prisons (Scotland) Act 1989—

(i)section 41 (unlawful introduction of proscribed articles into a prison);

(ii)section 41ZA (provision to and use by prisoners of personal communication devices);

(f)an offence under section 1(2) of the Aviation and Maritime Security Act 1990 (endangering safety at aerodromes);

(g)an offence under any of these provisions of the Air Navigation Order 2016—

(i)article 94A (certain unmanned aircraft: permission for flights over or near aerodromes);

(ii)article 239(4) (prohibited or restricted flying);

(iii)article 240 (endangering safety of an aircraft);

(iv)article 241 (endangering safety of any person or property);

(v)article 265A(2) (various requirements under the Unmanned Aircraft Implementing Regulation relating to UAS operators);

(vi)article 265B(2) (various requirements under the Unmanned Aircraft Implementing Regulation relating to remote pilots);

(h)an offence under article 265B(3) of the Air Navigation Order 2016 committed by the contravention of a relevant requirement set out or referred to in any of the following provisions of that Order—

(i)article 265B(5)(a), (h), (i) or (j);

(ii)article 265B(6);

(iii)article 265B(7)(e), but only insofar as that requirement (to comply with authorised limitations and conditions) regulates the operation of an unmanned aircraft during flight;

(iv)article 265B(7)(f), (g) or (i);

(v)article 265B(8), but only insofar as that requirement (conditions under which operations in the framework of the model aircraft clubs or associations may be conducted) regulates the operation of an unmanned aircraft during flight.

(4B)The Secretary of State may by regulations made by statutory instrument amend subsection (4A) to add or remove an offence.

(4C)The Secretary of State may not make regulations under subsection (4B) unless a draft of the statutory instrument containing the regulations has been laid before Parliament and approved by a resolution of each House of Parliament.]

(5)In this section “authorising officer” means—

(a)the chief constable of a police force maintained under section 2 of the M2Police 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;

[F59(d)the chief constable of the Police Service of Scotland, or any deputy chief constable or assistant chief constable of the Police Service of Scotland who is designated for the purposes of this paragraph by the chief constable;]

(e)the Chief Constable or a Deputy Chief Constable of the [F17Police Service of Northern Ireland];

[F60(ea)the Chief Constable of the Ministry of Defence Police;

(eb)the Provost Marshal of the [F61Royal Navy Police];

(ec)the Provost Marshal of the Royal Military Police;

(ed)the Provost Marshal of the Royal Air Force Police;

[F62(eda)the Provost Marshal for serious crime;]

[F63(edb)the Service Police Complaints Commissioner;]

(ee)the Chief Constable of the F64British Transport Police;]

[F65(ef)the Chief Constable of the Civil Nuclear Constabulary;]

[F66(f)the Director General of the National Crime Agency, or any other National Crime Agency officer who is designated for the purposes of this paragraph by that Director General;]

[F67(h)an officer of Revenue and Customs who is a senior official within the meaning of the Regulation of Investigatory Powers Act 2000 and who is designated for the purposes of this paragraph by the Commissioners for Her Majesty's Revenue and Customs;] F68...

[F69(ha)an immigration officer who is a senior official within the meaning of the Regulation of Investigatory Powers Act 2000 and who is designated for the purposes of this paragraph by the Secretary of State;]

[F70(hb)a member of senior management for prisons in England and Wales—

(i)whose duties as a member of senior management for prisons in England and Wales are exercisable in relation to the relevant England and Wales institution, and

(ii)who is designated for the purposes of this paragraph by the Secretary of State;]

[F71(hc)a member of senior management for prisons in Northern Ireland whose duties as a member of senior management for prisons in Northern Ireland are exercisable in relation to the relevant Northern Ireland institution;]

[F72(hd)a member of senior management for penal institutions in Scotland—

(i)whose duties as a member of senior management for penal institutions in Scotland are exercisable in relation to the relevant Scottish penal institution, and

(ii)who is designated for the purposes of this paragraph by the Scottish Ministers;]

[F73(i) the [F74chair of the Competition and Markets Authority].]

[F75(ia)the Police Investigations and Review Commissioner.]

F76(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)In this section “relevant area”—

(a)in relation to a person within paragraph (a), (b) or (c) of subsection (5) [F77to 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;

[F78(aa)in relation to a person within any of those paragraphs to whom an application is made by virtue of subsection (3)(za)(ii), means the area in England and Wales—

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

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

[F79(ab)in relation to a person within any of those paragraphs to whom an application is made by virtue of subsection (3)(za)(iii), means the area in England and Wales for which—

(i)the person's police force is maintained, or

(ii)any other police force whose chief officer of police is a party to the agreement mentioned in subsection (3)(za)(iii) is maintained,

and which is specified in relation to NCA officers in the agreement mentioned in that provision;]

(b)in relation to a person within paragraph (d) [F80or (ia) of subsection (5), means Scotland];

(c)in relation to a person within paragraph (e) of that subsection, means Northern Ireland;

[F81(ca)in relation to a person within paragraph (ea), means any place where, under section 2 of the M3Ministry 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;]

[F82(cbza)in relation to a person within subsection (5)(ef), means any place where, under section 56 of the Energy Act 2004, the members of the Civil Nuclear Constabulary have the powers and privileges of a constable;]

[F83(cba)in relation to a person within subsection (5)(f) to whom an application is made by virtue of subsection (3)(b)(ii), means the area in England and Wales—

(i)for which any collaborative force (within the meaning of subsection (3AB)) is maintained, and

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

[F84(cbb)in relation to an England and Wales prison authorisation, means the area of—

(i)a prison in England or Wales,

(ii)a young offender institution in England or Wales,

(iii)a secure training centre in England or Wales, or

(iv)a secure college in England or Wales,

together with such area or areas adjoining the boundary of that prison, institution, centre or college as the authorising officer considers it necessary and proportionate for the authorisation to relate to;]

[F85(cbc)in relation to a Northern Ireland prison authorisation, means the area of—

(i)a prison in Northern Ireland,

(ii)a young offenders centre in Northern Ireland,

(iii)a remand centre in Northern Ireland, or

(iv)a juvenile justice centre in Northern Ireland,

together with such area or areas adjoining the boundary of that prison or centre as the authorising officer considers it necessary and proportionate for the authorisation to relate to;]

[F86(cbd)in relation to a Scottish penal institution authorisation, means the area of a penal institution in Scotland together with such area or areas adjoining the boundary of that institution as the authorising officer considers it necessary or proportionate for the authorisation to relate to;]

F87(cc). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F88(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F89(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F90(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and in each case includes the adjacent United Kingdom waters.

[F91(6A)For the purposes of any authorisation by a person within paragraph (eb), (ec) , (ed) [F92, (eda) or (edb)] 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 [F93who 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.

[F94(6B)In subsection (6A) “subject to service law” and “civilian subject to service discipline” have the same meanings as in the Armed Forces Act 2006.]]

[F95(6C)For the purposes of this section, an offence is an immigration or nationality offence if conduct constituting the offence—

(a)relates to the entitlement of one or more persons who are not nationals of the United Kingdom to enter, transit across, or be in, the United Kingdom (including conduct which relates to conditions or other controls on any such entitlement), or

(b)is undertaken for the purposes of, or otherwise in relation to, any of these enactments—

(i)the British Nationality Act 1981;

(ii)the Hong Kong Act 1985;

(iii)the Hong Kong (War Wives and Widows) Act 1996;

(iv)the British Nationality (Hong Kong) Act 1997;

(v)the British Overseas Territories Act 2002;

(vi)an instrument made under any of those Acts.]

(7)The powers conferred by, or by virtue of, this section are additional to any other powers which a person has as a constable either at common law or under or by virtue of any other enactment and are not to be taken to affect any of those other powers.

[F96(8)In this section—

Textual Amendments

F5S. 93(1)(ab) substituted for word “or” (25.9.2000) by 2000 c. 23, s. 75(2) (with s. 82(3)); S.I. 2000/2543, art. 2

F6S. 93(1A)(1B) inserted (25.9.2000) by 2000 c. 23, s. 75(3) (with s. 82(3)); S.I. 2000/2543, art. 2

F9Words in s. 93(1B) inserted (31.1.2017 for specified purposes, 31.3.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(5)(e)(6)(b), Sch. 19 para. 1(2)

F10Words in s. 93(1B) substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 12 para. 1(a); S.I. 2008/219, art. 2(b)

F13Words in s. 93(2)(a) substituted (25.9.2000) by 2000 c. 23, s. 75(4)(a) (with s. 82(3)); S.I. 2000/2543, art. 2

F14Words in s. 93(2)(a) substituted (29.4.2021 for specified purposes, 29.6.2021 in so far as not already in force) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 11(2); S.I. 2021/748, reg. 2(k)

F15S. 93(2)(b) substituted (25.9.2000) by 2000 c. 23, s. 75(4)(b) (with s. 82(3)); S.I. 2000/2543, art. 2

F16S. 93(2A)(2B) inserted (25.9.2000) by 2000 c. 23, s. 75(5) (with s. 82(3)); S.I. 2000/2543, art. 2

F17Words in s. 93(2A)(5)(e) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 20(2)(b); S.R. 2001/396, art. 2, Sch.

F20S. 93(2AB) inserted (29.4.2021 for specified purposes, 29.6.2021 in so far as not already in force) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 11(3); S.I. 2021/748, reg. 2(k)

F21S. 93(2AC) inserted (29.4.2021 for specified purposes, 29.6.2021 in so far as not already in force) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 11(4); S.I. 2021/748, reg. 2(k)

F22S. 93(2AD) inserted (29.4.2021 for specified purposes, 29.6.2021 in so far as not already in force) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 11(5); S.I. 2021/748, reg. 2(k)

F23S. 93(2AE) inserted (29.4.2021 for specified purposes, 29.6.2021 in so far as not already in force) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 11(6); S.I. 2021/748, reg. 2(k)

F25Word in s. 93(3)(za)(i) omitted (31.1.2017 for specified purposes, 31.3.2017 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(5)(e)(6)(b), Sch. 19 para. 1(3)(a)

F26Words in s. 93(3)(za)(ii) substituted (31.1.2017 for specified purposes, 31.3.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(5)(e)(6)(b), Sch. 19 para. 1(3)(b)

F27S. 93(3)(za)(iii) and word inserted (31.1.2017 for specified purposes, 31.3.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(5)(e)(6)(b), Sch. 19 para. 1(3)(c)

F29Words in s. 93(3)(a) substituted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 6(3), 116(1); S.I. 2009/3096, art. 3(a)

F31Words in s. 93(3)(a) substituted (25.9.2000) by 2000 c. 23, s. 82(1), Sch. 4 para. 8(2)(a) (with s. 82(3)); S.I. 2000/2543, art. 2

F32S. 93(3)(aa) inserted (25.9.2000) by 2000 c. 23, s. 82, Sch. 4 para. 8(2)(b) (with s. 82(3)); S.I. 2000/2543, art. 2

F33Words in s. 93(3)(aa) substituted (4.6.2007) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 146(2); S.I. 2007/1442, art. 2(1)

F34S. 93(3)(aaa) inserted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 7(2); S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4

F36S. 93(3)(ab) inserted (29.4.2021 for specified purposes, 29.6.2021 in so far as not already in force) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 11(7); S.I. 2021/748, reg. 2(k)

F38Words in s. 93(3)(b) substituted (31.1.2017 for specified purposes, 31.3.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(5)(e)(6)(b), Sch. 19 para. 1(3)(d)(i)

F40S. 93(3)(b)(ii) and word inserted (31.1.2017 for specified purposes, 31.3.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(5)(e)(6)(b), Sch. 19 para. 1(3)(d)(ii)

F41Words in s. 93(3)(d) substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 12 para. 1(b); S.I. 2008/219, art. 2(b)

F42S. 93(3)(e) and word inserted (20.6.2003) by Enterprise Act 2002 (c. 40), ss. 200(2)(c), 279; S.I. 2003/1397, art. 2(1), Sch.

F45S. 93(3)(db) inserted (29.4.2021 for specified purposes, 29.6.2021 in so far as not already in force) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 11(8); S.I. 2021/748, reg. 2(k)

F46S. 93(3)(dc) inserted (29.4.2021 for specified purposes, 29.6.2021 in so far as not already in force) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 11(9); S.I. 2021/748, reg. 2(k)

F47S. 93(3)(dd) inserted (29.4.2021 for specified purposes, 29.6.2021 in so far as not already in force) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 11(10); S.I. 2021/748, reg. 2(k)

F50S. 93(3)(f) repealed (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F52S. 93(3AA)(3AB) inserted (31.1.2017 for specified purposes, 31.3.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(5)(e)(6)(b), Sch. 19 para. 1(4)

F55S. 93(3B)-(3E) repealed (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F58S. 93(4A)-(4C) inserted (29.4.2021 for specified purposes, 29.6.2021 in so far as not already in force) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 11(11); S.I. 2021/748, reg. 2(k)

F60S. 93(5)(ea)-(ee) inserted (25.9.2000) by 2000 c. 23, s. 75(6)(a) (with s. 82(3)); S.I. 2000/2543, art. 2

F61Words in s. 93(5)(eb) substituted (4.6.2007) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 146(3); S.I. 2007/1442, art. 2(1)

F62S. 93(5)(eda) inserted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 7(3); S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4

F65S. 93(5)(ef) inserted (29.4.2021 for specified purposes, 29.6.2021 in so far as not already in force) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 11(12); S.I. 2021/748, reg. 2(k)

F68Word in s. 93(5)(h) omitted (25.6.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 21 para. 2(5) (with Sch. 20 para. 29); S.I. 2013/1042, art. 4(i)

F70S. 93(5)(hb) inserted (29.4.2021 for specified purposes, 29.6.2021 in so far as not already in force) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 11(13); S.I. 2021/748, reg. 2(k)

F71S. 93(5)(hc) inserted (29.4.2021 for specified purposes, 29.6.2021 in so far as not already in force) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 11(14); S.I. 2021/748, reg. 2(k)

F72S. 93(5)(hd) inserted (29.4.2021 for specified purposes, 29.6.2021 in so far as not already in force) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 11(15); S.I. 2021/748, reg. 2(k)

F76S. 93(5)(j) repealed (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F77Words in s. 93(6)(a) inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 6(5)(a), 116(1); S.I. 2009/3096, art. 3(a)

F79S. 93(6)(ab) inserted (31.1.2017 for specified purposes, 31.3.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(5)(e)(6)(b), Sch. 19 para. 1(5)(a)

F81S. 93(6)(ca)(cb) inserted (25.9.2000) by 2000 c. 23, s. 75(7) (with s. 82(3)); S.I. 2000/2543, art. 2

F82S. 93(6)(cbza) inserted (29.4.2021 for specified purposes, 29.6.2021 in so far as not already in force) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 11(16); S.I. 2021/748, reg. 2(k)

F83S. 93(6)(cba) inserted (31.1.2017 for specified purposes, 31.3.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(5)(e)(6)(b), Sch. 19 para. 1(5)(b)

F84S. 93(6)(cbb) inserted (29.4.2021 for specified purposes, 29.6.2021 in so far as not already in force) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 11(17); S.I. 2021/748, reg. 2(k)

F85S. 93(6)(cbc) inserted (29.4.2021 for specified purposes, 29.6.2021 in so far as not already in force) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 11(18); S.I. 2021/748, reg. 2(k)

F86S. 93(6)(cbd) inserted (29.4.2021 for specified purposes, 29.6.2021 in so far as not already in force) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 11(19); S.I. 2021/748, reg. 2(k)

F87S. 93(6)(cc) repealed (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F90S. 93(6)(f) and the word “and” immediately preceding it repealed (25.9.2000) by 2000 c. 23, s. 82(2), Sch. 5 (with s. 82(3)); S.I. 2000/2543, art. 2

F91S. 93(6A)(6B) inserted (25.9.2000) by 2000 c. 23, s. 75(8) (with s. 82(3)); S.I. 2000/2543, art. 2

F93Words in s. 93(6A)(a) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 146(4); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F94S. 93(6B) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 146(5); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F96S. 93(8) inserted (29.4.2021 for specified purposes, 29.6.2021 in so far as not already in force) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 11(20); S.I. 2021/748, reg. 2(k)

Modifications etc. (not altering text)

C8S. 93 amended (S.) (29.9.2000) by 2000 asp 11, s. 23(5) (with s. 30); S.S.I. 2000/341, art. 2

Marginal Citations

94 Authorisations given in absence of authorising officer.U.K.

(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) [F97 , (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; F98. . . F99...

(b)if the authorising officer is within paragraph (a) [F100or (c)] of section 93(5), it is also not reasonably practicable for the application to be considered by his designated deputy F101 ...

[F102(ba)in the case of an England and Wales prison authorisation, it is also not reasonably practicable for the application to be considered by the authorising officer's designated deputy;]

[F103(bb)in the case of a Northern Ireland prison authorisation, it is also not reasonably practicable for the application to be considered by the authorising officer's designated deputy; or]

[F104(bc)in the case of a Scottish penal institution authorisation, it is also not reasonably practicable for the application to be considered by the authorising officer's designated deputy.]

F101(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Where this subsection applies, the powers conferred on the authorising officer by section 93 may, in an urgent case, be exercised—

(a)where the authorising officer is within paragraph (a) [F105or (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 [F106Police Service of Northern Ireland];

[F107(da)where the authorising officer is within paragraph (ea) of that subsection, by a person holding the rank of deputy or assistant chief constable in the Ministry of Defence Police;

(db)where the authorising officer is within paragraph (eb) of that subsection, by a person holding the position of assistant Provost Marshal in the [F108Royal 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;

[F109(dca)where the authorising officer is within paragraph (eda) of that subsection, by a person holding the position of deputy Provost Marshal in the tri-service serious crime unit;]

[F110(dcb)where the authorising officer is within paragraph (edb) of that subsection, by a person designated by the Service Police Complaints Commissioner for the purposes of this section;]

(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 F111British Transport Police;]

[F112(de)where the authorising officer is within paragraph (ef) of that subsection, by a person holding the rank of deputy or assistant chief constable in the Civil Nuclear Constabulary;]

[F113(e)where the authorising officer is within paragraph (f) of that subsection, by a person designated for the purposes of this section by the [F114Director General of the National Crime Agency];]

(f)where the authorising officer is within paragraph (h) of that subsection, [F115by 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.

[F116(fa)where the authorising officer is within paragraph (ha) of that subsection, by a senior official (within the meaning of the Regulation of Investigatory Powers Act 2000) in the department of the Secretary of State by whom functions relating to immigration are exercisable who is designated by the Secretary of State for the purposes of this section;]

[F117(fb)in the case of an England and Wales prison authorisation, by a person—

(i)who is a member of the civil service (within the meaning of Chapter 1 of Part 1 of the Constitutional Reform and Governance Act 2010 — see section 1(4) of that Act),

(ii)whose duties are exercisable in relation to the relevant England and Wales institution, and

(iii)who is designated for the purposes of this paragraph by the Secretary of State;]

[F118(fc)in the case of a Northern Ireland prison authorisation, by a person—

(i)who is a member of the Northern Ireland Civil Service,

(ii)whose duties are exercisable in relation to the relevant Northern Ireland institution, and

(iii)who is designated for the purposes of this paragraph by the Department of Justice in Northern Ireland;]

[F119(fd)in the case of a Scottish penal institution authorisation, by a person—

(i)who is a member of staff of the Scottish Administration,

(ii)whose duties are exercisable in relation to the relevant Scottish penal institution, and

(iii)who is designated for the purposes of this paragraph by the Scottish Ministers;]

[F120(g)where the authorising officer is within paragraph (i) of that subsection, by an officer of the [F121Competition and Markets Authority] designated by it for the purposes of this section.]

[F122(ga)where the authorising officer is within paragraph (ia) of that subsection, by a staff officer of the Police Investigations and Review Commissioner who is designated by the Commissioner for the purposes of this section.]

F123(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F124(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In subsection (1), “designated deputy”—

[F125(a)in the case of an authorising officer within paragraph (a) of section 93(5), means—

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

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

F126(aa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in the case of an authorising officer within paragraph (c) of section 93(5), means the person authorised to act F127. . . under section 25 of the M4City of London Police Act 1839; F128. . .

[F129(ba)in the case of an England and Wales prison authorisation, a member of senior management for prisons in England and Wales who is designated for the purposes of this paragraph by the Secretary of State;]

[F130(bb)in the case of a Northern Ireland prison authorisation, a member of senior management for prisons in Northern Ireland who is designated for the purposes of this paragraph by the Department of Justice in Northern Ireland;]

[F131(bc)in the case of a Scottish penal institution authorisation, a member of senior management for penal institutions in Scotland who is designated for the purpose of this paragraph by the Scottish Ministers.]

F132(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F133(4A)In this section “England and Wales prison authorisation”, “member of senior management for prisons in England and Wales” and “relevant England and Wales institution” have the same meanings as in section 93.]

[F134(4B)In this section “member of senior management for prisons in Northern Ireland”, “Northern Ireland prison authorisation” and “relevant Northern Ireland institution” have the same meanings as in section 93.]

[F135(4C)In this section, “member of senior management for penal institutions in Scotland”, “Scottish penal institution authorisation” and “relevant Scottish penal institution” have the same meanings as in section 93.]

F136(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F136(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F136(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F98Word at the end of s. 94(1)(a) repealed (25.9.2000) by 2000 c. 23, s. 82(2), Sch. 5 (with s. 82(3)); S.I. 2000/2543, art. 2

F99Word in s. 94(1)(a) omitted (29.4.2021 for specified purposes, 29.6.2021 in so far as not already in force) by virtue of Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 12(2)(a); S.I. 2021/748, reg. 2(k)

F102S. 94(1)(ba) inserted (29.4.2021 for specified purposes, 29.6.2021 in so far as not already in force) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 12(2)(b); S.I. 2021/748, reg. 2(k)

F103S. 94(1)(bb) inserted (29.4.2021 for specified purposes, 29.6.2021 in so far as not already in force) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 12(3); S.I. 2021/748, reg. 2(k)

F104S. 94(1)(bc) inserted (29.4.2021 for specified purposes, 29.6.2021 in so far as not already in force) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 12(4); S.I. 2021/748, reg. 2(k)

F105Words in s. 94(2)(a) repealed (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F106Words in s. 94(2)(d) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 20(2)(b); S.R. 2001/396, art. 2, Sch.

F107S. 94(2)(da)-(dd) inserted (25.9.2000) by 2000 c. 23, s. 82(1), Sch. 4 para. 8(4)(a) (with s. 82(3)); S.I. 2000/2543, art. 2

F108Words in s. 94(2)(db) substituted (4.6.2007) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 147; S.I. 2007/1442, art. 2(1)

F109S. 94(2)(dca) inserted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 8; S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4

F112S. 94(2)(de) inserted (29.4.2021 for specified purposes, 29.6.2021 in so far as not already in force) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 12(5); S.I. 2021/748, reg. 2(k)

F114Words in s. 94(2)(e) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 57; S.I. 2013/1682, art. 3(v)

F115Words in s. 94(2)(f) substituted (15.2.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 12 para. 2; S.I. 2008/219, art. 2(b)

F117S. 94(2)(fb) inserted (29.4.2021 for specified purposes, 29.6.2021 in so far as not already in force) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 12(6); S.I. 2021/748, reg. 2(k)

F118S. 94(2)(fc) inserted (29.4.2021 for specified purposes, 29.6.2021 in so far as not already in force) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 12(7); S.I. 2021/748, reg. 2(k)

F119S. 94(2)(fd) inserted (29.4.2021 for specified purposes, 29.6.2021 in so far as not already in force) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 12(8); S.I. 2021/748, reg. 2(k)

F123S. 94(2)(h) repealed (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F125S. 94(4)(a) substituted (8.11.2006) by Police and Justice Act 2006 (c. 48), s. 53(2), Sch. 14 para. 34

F126S. 94(4)(aa) repealed (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F127Words in s. 94(4) repealed (25.9.2000) by 2000 c. 23, s. 82(2), Sch. 5 (with s. 82(3)); S.I. 2000/2543, art. 2

F128Word in s. 94(4) repealed (30.9.1998) by 1998 c. 37, s. 113(3), s. 120(2), Sch. 10; S.I. 1998/2327, art. 2

F129S. 94(4)(ba) inserted (29.4.2021 for specified purposes, 29.6.2021 in so far as not already in force) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 12(9); S.I. 2021/748, reg. 2(k)

F130S. 94(4)(bb) inserted (29.4.2021 for specified purposes, 29.6.2021 in so far as not already in force) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 12(10); S.I. 2021/748, reg. 2(k)

F131S. 94(4)(bc) inserted (29.4.2021 for specified purposes, 29.6.2021 in so far as not already in force) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 12(11); S.I. 2021/748, reg. 2(k)

F133S. 94(4A) inserted (29.4.2021 for specified purposes, 29.6.2021 in so far as not already in force) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 12(12); S.I. 2021/748, reg. 2(k)

F134S. 94(4B) inserted (29.4.2021 for specified purposes, 29.6.2021 in so far as not already in force) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 12(13); S.I. 2021/748, reg. 2(k)

F135S. 94(4C) inserted (29.4.2021 for specified purposes, 29.6.2021 in so far as not already in force) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 12(14); S.I. 2021/748, reg. 2(k)

F136S. 94(5)-(7) repealed (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

Modifications etc. (not altering text)

C9S. 94 applied (prosp.) by 2000 c. 23, ss. 49, 83(2), Sch. 2 para. 2(7) (with s. 82(3))

Marginal Citations

95 Authorisations: form and duration etc.U.K.

(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 [F137the 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 [F137the 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) [F138[F139, (d), (e)] [F140or (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) [F141, (c) [F142or (d) ]] [F141or (c)] of section 93(5) by subsections (3), (4) and (5) above.

Textual Amendments

F137Words in s. 95(4)(5) substituted (25.9.2000) by 2000 c. 23, s. 82(1), Sch. 4 para. 8(6)(a) (with s. 82(3)); S.I. 2000/2543, art. 2

F138Words in s. 95(6) substituted (25.9.2000) by 2000 c. 23, s. 82(1), Sch. 4 para. 8(6)(b) (with s. 82(3)); S.I. 2000/2543, art. 2

F141Words in s. 95(7) substituted (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 14(4)(b); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

96 Notification of authorisations etc.U.K.

(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 [F143Investigatory Powers Commissioner], give notice in writing that he has done so to [F144a Judicial Commissioner].

(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 [F145a Judicial 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.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I3S. 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 approvalU.K.

97 Authorisations requiring approval.U.K.

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

(a)it has been approved in accordance with this section by [F146a Judicial Commissioner], 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 [F147a Judicial 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)[F148A Judicial 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 [F149a Judicial 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 F150....

[F151(6A)The reference in subsection (6) to the authorising officer who gave the authorisation or in whose absence it was given shall be construed, in the case of an authorisation given by or in the absence of a person within paragraph (b) [F152or (e)] of section 93(5), as a reference to the Commissioner of Police [F153or, as the case may be, Chief Constable] mentioned in the paragraph concerned.]

[F154(6B)The reference in subsection (6) to the authorising officer who gave the authorisation or in whose absence it was given shall be construed—

(a)in the case of an authorisation given by a person within paragraph (f) of section 93(5), as a reference to that person, and

(b)in the case of an authorisation given in the absence of such a person, as a reference to a [F155National 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—

Textual Amendments

F146Words in s. 97(1)(a) substituted (1.9.2017) by Investigatory Powers Act 2016 (c. 25), ss. 233(2)(b), 272(1) (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(e)

F150Words in s. 97(6) repealed (25.9.2000) by 2000 c. 23, s. 82(1)(2), Sch. 4 para. 8(7), Sch. 5 (with s. 82(3)); S.I. 2000/2543, art. 2

F151S. 97(6A) inserted (25.9.2000) by 2000 c. 23, s. 82(1), Sch. 4 para. 82(3); S.I. 2000/2543, art. 2

F155Words in s. 97(6B)(b) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 58; S.I. 2013/1682, art. 3(v)

Modifications etc. (not altering text)

Marginal Citations

98 Matters subject to legal privilege.U.K.

(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.U.K.

(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.U.K.

(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 PracticeU.K.

F156101. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F156S. 101 repealed (25.9.2000) by 2000 c. 23, s. 82(2), Sch. 5 (with s. 82(3)); S.I. 2000/2543, art. 2

Complaints etc.U.K.

F157102. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F157S. 102 repealed (25.9.2000) by 2000 c. 23, ss. 70(2)(c), 82(2), Sch. 5 (with s. 82(3)); S.I. 2000/2543, art. 2 (and by art. 6(1) of that S.I. the repeal is expressed to be brought into force on 2.10.2000 subject to the provisions of art. 6(2)-(5))

103 Quashing of authorisations etc.U.K.

(1)Where, at any time, [F158a Judicial Commissioner] 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, [F159a Judicial Commissioner] 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 [F160a Judicial 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 [F161a Judicial Commissioner] 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)[F162a Judicial Commissioner] 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 [F163a Judicial 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 [F164a Judicial Commissioner (other than the Investigatory Powers 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 [F165Investigatory Powers Commissioner];

[F166and 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 [F167any period] for appealing against the decision has expired and, where an appeal is made, a decision dismissing it has been made by the [F168Investigatory Powers Commissioner].

(9)[F169A Judicial Commissioner] may exercise any of the powers conferred by this section notwithstanding any approval given under section 97.

Textual Amendments

F162Words in s. 103(5)(b) substituted (1.9.2017) by Investigatory Powers Act 2016 (c. 25), ss. 233(2)(b), 272(1) (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(e)

F165Words in s. 103(7)(b) substituted (1.9.2017) by Investigatory Powers Act 2016 (c. 25), ss. 233(2)(a), 272(1) (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(e)

F166Words in s. 103(7) substituted (25.9.2000) by 2000 c. 23, s. 82(1), Sch. 4 para. 8(8) (with s. 82(3)); S.I. 2000/2543, art. 2

Modifications etc. (not altering text)

AppealsU.K.

104 Appeals by authorising officers.U.K.

(1)An authorising officer who gives an authorisation, or in whose absence it is given, may, within the prescribed period, appeal to the [F170Investigatory Powers Commissioner (except where the original decision was made by that 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;

F171(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)In subsection (1), “the prescribed period” means the period of seven days beginning with the day on which the refusal, decision or, as the case may be, determination appealed against is reported to the authorising officer.

(3)In determining an appeal within subsection (1)(a), the [F172Investigatory Powers 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 [F173the Judicial Commissioner concerned] to approve the authorisation or renewal under that section.

(4)In determining—

(a)an appeal within subsection (1)(b), F174. . .

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the [F172Investigatory Powers 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), F174. . .

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the [F172Investigatory Powers 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), F174. . .

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the [F172Investigatory Powers 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 [F172Investigatory Powers 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 [F172Investigatory Powers Commissioner] shall—

(a)in the case of an appeal within subsection (1)(b) or (c), also quash any order made by [F175the Judicial Commissioner concerned] to destroy records relating to information obtained by virtue of the authorisation concerned, F176. . .

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F171S. 104(1)(g) repealed (25.9.2000) by 2000 c. 23, s. 82(2), Sch. 5 (with s. 82(3)); S.I. 2000/2543, art. 2

F172Words in s. 104(3)-(8) substituted (1.9.2017) by Investigatory Powers Act 2016 (c. 25), ss. 233(2)(a), 272(1) (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(e)

F174S. 104(4)(b)(5)(b)(6)(b) and the word “or” immediately preceding them repealed (25.9.2000) by 2000 c. 23, s. 82(2), Sch. 5 (with s. 82(3)); S.I. 2000/2543, art. 2

F175Words in s. 104(8)(a) substituted (1.9.2017) by Investigatory Powers Act 2016 (c. 25), ss. 233(2)(f), 272(1) (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(e)

F176S. 104(8)(b) and the word “and” immediately preceding it repealed (25.9.2000) by 2000 c. 23, s. 82(2), Sch. 5 (with s. 82(3)); S.I. 2000/2543, art. 2

Modifications etc. (not altering text)

105 Appeals by authorising officers: supplementary.U.K.

(1)Where the [F177Investigatory Powers Commissioner] determines an appeal under section 104—

(a)he shall give notice of his determination—

(i)to the authorising officer concerned, [F178and]

(ii)to [F179the Judicial Commissioner] against whose refusal, decision or determination the appeal was made, F180. . .

(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)if he dismisses the appeal, he shall make a report of his findings—

(i)to the authorising officer concerned,

(ii)to [F181the Judicial Commissioner] against whose refusal, decision or determination the appeal was made, and

(iii)F182... to the Prime Minister [and the Scottish Ministers].

(2)Subject to subsection (1)(b), the [F177Investigatory Powers 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) [F183or (c)] of section 93(5).

Textual Amendments

F177Words in s. 105(1)(2) substituted (1.9.2017) by Investigatory Powers Act 2016 (c. 25), ss. 233(2)(a), 272(1) (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(e)

F178Word in s. 105(1)(a)(i) inserted (25.9.2000) by 2000 c. 23, s. 82(1), Sch. 4 para. 8(9) (with s. 82(3)); S.I. 2000/2543, art. 2

F179Words in s. 105(1)(a)(ii) substituted (1.9.2017) by Investigatory Powers Act 2016 (c. 25), ss. 233(2)(g), 272(1) (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(e)

F180S. 105(1)(a)(iii) and the word “and” immediately preceding it repealed (25.9.2000) by 2000 c. 23, s. 82(1)(2), Sch. 4 para. 8(9), Sch. 5 (with s. 82(3)); S.I. 2000/2543, art. 2

F181Words in s. 105(1)(b)(ii) substituted (1.9.2017) by Investigatory Powers Act 2016 (c. 25), ss. 233(2)(g), 272(1) (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(e)

F182Words in s. 105(1)(b)(iii) omitted (1.9.2017) by virtue of Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 73 (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(j)

Modifications etc. (not altering text)

C17Words in s. 105(1)(b)(iii) inserted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 6 Pt. II para. 2(3); S.I. 1998/3178, art. 3

F184106. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F184S. 106 repealed (25.9.2000) by 2000 c. 23, s. 82(2), Sch. 5 (with s. 82(3)); S.I. 2000/2543, art. 2

GeneralU.K.

F185107 Supplementary provisions relating to Commissioners.U.K.

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

Textual Amendments

108 Interpretation of Part III.U.K.

(1)In this Part—

[F192(1A)A reference in this Part to a staff officer of the Police Investigations and Review Commissioner is to any person who—

(a)is a member of the Commissioner's staff appointed under paragraph 7A of schedule 4 to the Police, Public Order and Criminal Justice (Scotland) Act 2006, or

(b)is a member of the Commissioner's staff appointed under paragraph 7 of that schedule to whom paragraph 7B(2) of that schedule applies.]

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

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

(a)by the designated deputy of an authorising officer, or

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

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

Textual Amendments

F186In s. 108(1) definition of "Assistant Commissioner of Police of the Metropolis" inserted (25.9.2000) by 2000 c. 23, s. 82(1), Sch. 4 para. 8(12) (with s. 82(3)); S.I. 2000/2543, art. 2

F187Words in s. 108(1) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 148; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F190Words in s. 108(1) inserted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 9; S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4

F191Words in s. 108(1) substituted (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), s. 126(2), Sch. 7 para. 19

Modifications etc. (not altering text)

C18S. 108(1) modified (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), art. 1(3), Sch. 1 para. 41

Marginal Citations

Part IVU.K. Police Information Technology Organisation

F193109 Police Information Technology Organisation.U.K.

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

F193110 Relationship between the Organisation and the Secretary of State.U.K.

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

F193111 Interpretation of Part IV.U.K.

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

Part VU.K. Certificates of Criminal Records, &c.

Modifications etc. (not altering text)

C19Pt. 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)

C20Pt. 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)

C23Pt. 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)

C24Pt. 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)

C25Pt. 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)

112 Criminal conviction certificates.U.K.

(1)[F194The Secretary of State] [F194DBS] shall issue a criminal conviction certificate to any individual who—

(a)makes an application F195...,

[F196(aa)is aged 16 or over at the time of making the application,] and

(b)[F197pays any fee that is payable in relation to the application under regulations made by the Secretary of State.]

[F197pays in the prescribed manner any prescribed fee]

(2)A criminal conviction certificate is a certificate which—

(a)gives the prescribed details of every conviction [F198or conditional caution] of the applicant which is recorded in central records, or

(b)states that there [F199is no such conviction] [F199are no such convictions and conditional cautions].

(3)In this section—

(4)Where an applicant has received a criminal conviction certificate, [F202the Secretary of State] [F202DBS] may refuse to issue another certificate to that applicant during such period as may be prescribed.

Textual Amendments

F196S. 112(1)(aa) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 80(1), 120 (with s. 97); S.I. 2012/2234, art. 2(s) (with art. 5)

F198Words in s. 112(2)(a) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 84(a), 120 (with s. 97); S.I. 2012/2234, art. 2(v)

F199Words in s. 112(2)(b) substituted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 84(b), 120 (with s. 97); S.I. 2012/2234, art. 2(v)

Commencement Information

I4S. 112 not in force at Royal Assent, see s. 135(1)

I5S. 112 in force at 1.4.2008 for N.I. by S.I. 2008/692, art. 2(a)

I6S. 112 in force at 10.3.2014 for E.W. by S.I. 2014/237, art. 2

Marginal Citations

F203113 Criminal record certificates.U.K.

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

[F204113AF204Criminal record certificatesE+W

(1)[F205DBS] must issue a criminal record certificate to any individual who—

(a)makes an application F206...,

[F207(aa)is aged 16 or over at the time of making the application,] and

(b)pays in the prescribed manner any prescribed fee.

(2)The application must—

(a)be countersigned by a registered person, and

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

[F208(2A)But an application for a criminal record certificate need not be countersigned by a registered person if—

(a)the application is transmitted to [F209DBS] electronically by a registered person who satisfies conditions determined by [F209DBS], and

(b)it is transmitted in accordance with requirements determined by [F209DBS].]

(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.

F210(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)[F211DBS] may treat an application under this section as an application under section 113B if—

(a)in [F212its] opinion the certificate is required for a purpose prescribed under subsection (2) of that section,

(b)the registered person provides [F213it] with the statement required by that subsection, and

(c)the applicant consents and pays to [F211DBS] 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—

[F223(6D)The offences referred to in paragraphs (a)(i) and (c) of the definition of “relevant matter” in subsection (6), as it has effect in England and Wales, are as follows—

(a)murder;

(b)an offence under section 67(1A) of the Medicines Act 1968 (prescribing, etc. a medicinal product in contravention of certain conditions);

(c)an offence under any of sections 126 to 129 of the Mental Health Act 1983;

(d)an offence specified in the Schedule to the Disqualification from Caring for Children (England) Regulations 2002;

(e)an offence specified in Schedule 15 to the Criminal Justice Act 2003 (specified offences for the purposes of Chapter 5 of Part 12 of that Act (dangerous offenders));

(f)an offence under the following provisions of the Mental Capacity Act 2005—

(i)section 44 (ill-treatment or neglect);

(ii)paragraph 4 of Schedule 1 (applications and procedure for registration);

(iii)paragraph 4 of Schedule 4 (duties of attorney in event of incapacity of donor);

(g)an offence under section 7, 9 or 19 of the Safeguarding Vulnerable Groups Act 2006 (offences in respect of regulated activity);

(h)an offence specified in section 17(3)(a), (b) or (c) of the Health and Social Care Act 2008 (cancellation of registration), apart from an offence under section 76 of that Act (disclosure of confidential personal information);

(i)an offence specified in the Schedule to the Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria and Miscellaneous Provisions) Regulations 2009;

(j)an offence specified in Schedule 2 or 3 to the Childcare (Disqualification) Regulations 2009;

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

(l)an offence of—

(i)attempting or conspiring to commit any offence falling within paragraphs (a) to (k), or

(ii)inciting or aiding, abetting, counselling or procuring the commission of any such offence,

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

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

(n)any offence under section 42 of the Armed Forces Act 2006 in relation to which the corresponding offence under the law of England and Wales (within the meaning of that section) is an offence within any of paragraphs (a) to (l);

(o)an offence under section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957 of which the corresponding civil offence (within the meaning of that Act) is an offence within any of paragraphs (a) to (l).

(6E)For the purposes of the definition of “relevant matter” as it has effect in England and Wales—

(a)“conviction” has the same meaning as in the Rehabilitation of Offenders Act 1974, and includes a spent conviction within the meaning of that Act;

(b)“caution” includes a caution which is spent for the purposes of Schedule 2 to that Act but excludes a disregarded caution within the meaning of Chapter 4 of Part 5 of the Protection of Freedoms Act 2012;

(c)a person’s conviction is a current conviction if—

(i)the person was aged 18 or over on the date of the conviction and that date fell within the 11 year period ending with the day on which the certificate is issued, or

(ii)the person was aged under 18 on the date of conviction and that date fell within the period of 5 years and 6 months ending with the day on which the certificate is issued;

(d)a caution given to a person is a current caution if—

(i)the person was aged 18 or over on the date it was given and that date fell within the 6 year period ending with the day on which the certificate is issued, F224...

F224(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.]

[F225(7)The Secretary of State may by order amend the definitions of “central records” and “relevant matter” in subsection (6).

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

[F226(9)For the purposes of this Part a person acts as the registered person in relation to an application for a criminal record certificate if the person—

(a)countersigns the application, or

(b)transmits the application to [F227DBS] under subsection (2A).]

F228(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F204Ss. 113A-113F inserted (1.4.2006 for S. except for the insertion of s. 113E, 6.4.2006 for E.W. for specified purposes, 25.9.2006 for E.W. for specified purposes, 12.11.2007 for E.W. for specified purposes, 29.2.2008 for E.W. for specified purposes, 1.4.2008 for N.I., 9.3.2015 for E.W. for specified purposes) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 163(2), 178(4)(d)(8); S.S.I. 2006/166, art. 2(1)(c); S.I. 2006/378, art. 7(a); S.I. 2006/2182, art. 2; S.I. 2007/3064, art. 2; S.I. 2008/306, art. 2; S.I. 2008/697, art. 2(a); S.I. 2015/188, art. 2

F207S. 113A(1)(aa) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 80(1), 120 (with s. 97); S.I. 2012/2234, art. 2(s) (with art. 5)

F225S. 113A(7)(8) inserted (E.W.N.I.) (12.10.2009 for E.W., 12.10.2009 for N.I.) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 14(2) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2610, art. 2(a) (with arts. 4-23); S.I. 2009/2611, art. 2, Sch

F228S. 113A(10) repealed (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 36, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(i)

Modifications etc. (not altering text)

[F204113ACriminal record certificatesN.I.

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

(a)makes an application F206...,

[F776(aa)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.

[F777(2A)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.

F778(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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—

[F785(6D)The offences referred to in paragraphs (a)(i) and (c) of the definition of “relevant matter” in subsection (6), as it has effect in 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;

[F786(fff)an offence under article 240 or 241 of the Air Navigation Order 2016;]

(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); F787...

(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) [F788;]

[F789(ppp)an offence under section 1 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021;

(qqq)an offence under section 1 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 stated by a court to be aggravated under section 8 of that Act;

(rrr)an offence under section 1 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 stated by a court to be aggravated under section 9 of that Act; and

(sss)any offence within this subsection (6D) stated by a court to be aggravated under section 15 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021.]

(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 [F790aged 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.]

[F225(7)The Secretary of State may by order amend the definitions of “central records” and “relevant matter” in subsection (6).

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

[F791(9)For the purposes of this Part a person acts as the registered person in relation to an application for a criminal record certificate if the person—

(a)countersigns the application, or

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

Textual Amendments

F204Ss. 113A-113F inserted (1.4.2006 for S. except for the insertion of s. 113E, 6.4.2006 for E.W. for specified purposes, 25.9.2006 for E.W. for specified purposes, 12.11.2007 for E.W. for specified purposes, 29.2.2008 for E.W. for specified purposes, 1.4.2008 for N.I., 9.3.2015 for E.W. for specified purposes) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 163(2), 178(4)(d)(8); S.S.I. 2006/166, art. 2(1)(c); S.I. 2006/378, art. 7(a); S.I. 2006/2182, art. 2; S.I. 2007/3064, art. 2; S.I. 2008/306, art. 2; S.I. 2008/697, art. 2(a); S.I. 2015/188, art. 2

F225S. 113A(7)(8) inserted (E.W.N.I.) (12.10.2009 for E.W., 12.10.2009 for N.I.) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 14(2) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2610, art. 2(a) (with arts. 4-23); S.I. 2009/2611, art. 2, Sch

F786S. 113A(6D)(fff) substituted (N.I.) (25.8.2016) by The Air Navigation Order 2016 (S.I. 2016/765), art. 1, Sch. 14 para. 2(a) (with arts. 17-23, 274(2)-(4))

Commencement Information

I54S. 113A in force at 1.4.2008 for N.I. by S.I. 2008/692, art. 2(b)

[F204113ACriminal record certificatesS

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

(a)makes an application F206..., 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, [F792(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.]

[F793(3A)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.]

F794(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

[F795(5A)The Scottish Ministers need not issue a criminal record certificate under subsection (1) if the statement accompanying the application states that the purpose for which the certificate is required is the purpose mentioned in disclosure condition C (set out in section 55 of the Protection of Vulnerable Groups (Scotland) Act 2007) (asp 14)).]

(6)In this section—

Textual Amendments

F204Ss. 113A-113F inserted (1.4.2006 for S. except for the insertion of s. 113E, 6.4.2006 for E.W. for specified purposes, 25.9.2006 for E.W. for specified purposes, 12.11.2007 for E.W. for specified purposes, 29.2.2008 for E.W. for specified purposes, 1.4.2008 for N.I., 9.3.2015 for E.W. for specified purposes) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 163(2), 178(4)(d)(8); S.S.I. 2006/166, art. 2(1)(c); S.I. 2006/378, art. 7(a); S.I. 2006/2182, art. 2; S.I. 2007/3064, art. 2; S.I. 2008/306, art. 2; S.I. 2008/697, art. 2(a); S.I. 2015/188, art. 2

113BEnhanced criminal record certificatesE+W

(1)[F229DBS] must issue an enhanced criminal record certificate to any individual who—

(a)makes an application F230...,

[F231(aa)is aged 16 or over at the time of making the application,] and

(b)pays in the prescribed manner any prescribed fee.

(2)The application must—

(a)be countersigned by a registered person, and

(b)be accompanied by a statement by the registered person that the certificate is required [F232for the purposes of an exempted question asked] for a prescribed purpose.

[F233(2A)But an application for an enhanced criminal record certificate need not be countersigned by a registered person if—

(a)the application is transmitted to [F234DBS] electronically by a registered person who satisfies conditions determined by [F234DBS], and

(b)it is transmitted in accordance with requirements determined by [F234DBS].]

(3)An enhanced criminal record certificate is a certificate which—

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

(b)states that there is no such matter or information.

(4)Before issuing an enhanced criminal record certificate [F235DBS] must request any relevant chief officer to provide any information which F236...—

(a)[F237the chief officer reasonably believes to] be relevant for the purpose described in the statement under subsection (2), and

(b)[F238in the chief officer's opinion,] ought to be included in the certificate.

[F239(4A)In exercising functions under subsection (4) a relevant chief officer must have regard to any guidance for the time being published by the Secretary of State.]

F240(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F240(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)[F241DBS] may treat an application under this section as an application under section 113A if in [F242its] opinion the certificate is not required for a purpose prescribed under subsection (2).

(8)If by virtue of subsection (7) [F243DBS] treats an application under this section as an application under section 113A, [F244it] 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—

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

[F248(a)the Royal Navy Police;]

(c)the Royal Military Police;

(d)the Royal Air Force Police;

(e)the Ministry of Defence Police;

F249(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F249(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h)the British Transport Police;

(i)the Civil Nuclear Constabulary;

(j)the States of Jersey Police Force;

(k)the salaried police force of the Island of Guernsey;

(l)the Isle of Man Constabulary;

(m)a body with functions in any country or territory outside the British Islands which correspond to those of a police force in any part of the United Kingdom,

and any reference to the chief officer of a police force includes the person responsible for the direction of a body mentioned in this subsection.

(11)For the purposes of this section each of the following must be treated as if it were a police force—

(a)the Commissioners for Her Majesty's Revenue and Customs (and for this purpose a reference to the chief officer of a police force must be taken to be a reference to any one of the Commissioners);

(b)the [F250National 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);

[F251(ba)the tri-service serious crime unit (and for this purpose a reference to the chief officer of a police force must be taken to be a reference to the Provost Marshal for serious crime);]

(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).

[F252(12)For the purposes of this Part a person acts as the registered person in relation to an application for an enhanced criminal record certificate if the person—

(a)countersigns the application, or

(b)transmits the application to [F253DBS] under subsection (2A).]

F254(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F204Ss. 113A-113F inserted (1.4.2006 for S. except for the insertion of s. 113E, 6.4.2006 for E.W. for specified purposes, 25.9.2006 for E.W. for specified purposes, 12.11.2007 for E.W. for specified purposes, 29.2.2008 for E.W. for specified purposes, 1.4.2008 for N.I., 9.3.2015 for E.W. for specified purposes) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 163(2), 178(4)(d)(8); S.S.I. 2006/166, art. 2(1)(c); S.I. 2006/378, art. 7(a); S.I. 2006/2182, art. 2; S.I. 2007/3064, art. 2; S.I. 2008/306, art. 2; S.I. 2008/697, art. 2(a); S.I. 2015/188, art. 2

F231S. 113B(1)(aa) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 80(1), 120 (with s. 97); S.I. 2012/2234, art. 2(s) (with art. 5)

F232Words in s. 113B(2)(b) inserted (E.W.N.I.) (12.10.2009 for E.W., 12.10.2009 for N.I.) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 14(3) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2610, art. 2(a) (with arts. 4-23); S.I. 2009/2611, art. 2, Sch.

F236Words in s. 113B(4) repealed (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 82(1)(b), 120, Sch. 10 Pt. 6 (with s. 97); S.I. 2012/2234, art. 2(u)(cc)

F237Words in s. 113B(4)(a) substituted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 82(1)(c), 120 (with s. 97); S.I. 2012/2234, art. 2(u)

F238Words in s. 113B(4)(b) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 82(1)(d), 120 (with s. 97); S.I. 2012/2234, art. 2(u)

F239S. 113B(4A) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 82(2), 120 (with s. 97); S.I. 2012/2234, art. 2(u)

F240S. 113B(5)(6) repealed (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) for specified purposes, 17.6.2013 in so far as not already in force) by Protection of Freedoms Act 2012 (c. 9), ss. 79(2)(b), 120, Sch. 10 Pt. 6 (with s. 97); S.I. 2012/2234, art. 2(q)(cc); S.I. 2013/1180, art. 2(a)

F245Words in s. 113B(9) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 82(3)(a), 120 (with s. 97); S.I. 2012/2234, art. 2(u)

F247Words in s. 113B(9) repealed (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 82(3)(b), 120, Sch. 10 Pt. 6 (with s. 97); S.I. 2012/2234, art. 2(u)(cc)

F248S. 113B(10)(a) substituted for s. 113(10)(a)(b) (4.6.2007) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 149; S.I. 2007/1442, art. 2(1)

F249S. 113B(10)(f)(g) omitted (7.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 60(a); S.I. 2013/1682, art. 3(v)

F250Words in s. 113B(11)(b) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 60(b); S.I. 2013/1682, art. 3(v)

F251S. 113B(11)(ba) inserted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 10; S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4

F254S. 113B(13) repealed (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 37, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(i)

Modifications etc. (not altering text)

[F204113BEnhanced criminal record certificatesN.I.

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

(a)makes an application F230...,

[F800(aa)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 [F232for the purposes of an exempted question asked] for a prescribed purpose.

[F801(2A)But an application for an enhanced criminal record certificate need not be countersigned by a registered person if—

(a)the application is transmitted to 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)Before issuing an enhanced criminal record certificate the Secretary of State must request [F802any relevant chief officer] to provide any information which F803... —

(a)[F804the chief officer reasonably believes to] be relevant for the purpose described in the statement under subsection (2), and

(b)[F805in the chief officer's opinion,] ought to be included in the certificate.

[F806(4A)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.]

F807(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F807(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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—

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

[F248(a)the Royal Navy Police;]

(c)the Royal Military Police;

(d)the Royal Air Force Police;

(e)the Ministry of Defence Police;

F249(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F249(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h)the British Transport Police;

(i)the Civil Nuclear Constabulary;

(j)the States of Jersey Police Force;

(k)the salaried police force of the Island of Guernsey;

(l)the Isle of Man Constabulary;

(m)a body with functions in any country or territory outside the British Islands which correspond to those of a police force in any part of the United Kingdom,

and any reference to the chief officer of a police force includes the person responsible for the direction of a body mentioned in this subsection.

(11)For the purposes of this section each of the following must be treated as if it were a police force—

(a)the Commissioners for Her Majesty's Revenue and Customs (and for this purpose a reference to the chief officer of a police force must be taken to be a reference to any one of the Commissioners);

(b)the [F250National 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);

[F251(ba)the tri-service serious crime unit (and for this purpose a reference to the chief officer of a police force must be taken to be a reference to the Provost Marshal for serious crime);]

(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).

[F810(12)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).]]

Textual Amendments

F204Ss. 113A-113F inserted (1.4.2006 for S. except for the insertion of s. 113E, 6.4.2006 for E.W. for specified purposes, 25.9.2006 for E.W. for specified purposes, 12.11.2007 for E.W. for specified purposes, 29.2.2008 for E.W. for specified purposes, 1.4.2008 for N.I., 9.3.2015 for E.W. for specified purposes) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 163(2), 178(4)(d)(8); S.S.I. 2006/166, art. 2(1)(c); S.I. 2006/378, art. 7(a); S.I. 2006/2182, art. 2; S.I. 2007/3064, art. 2; S.I. 2008/306, art. 2; S.I. 2008/697, art. 2(a); S.I. 2015/188, art. 2

F232Words in s. 113B(2)(b) inserted (E.W.N.I.) (12.10.2009 for E.W., 12.10.2009 for N.I.) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 14(3) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2610, art. 2(a) (with arts. 4-23); S.I. 2009/2611, art. 2, Sch.

F248S. 113B(10)(a) substituted for s. 113(10)(a)(b) (4.6.2007) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 149; S.I. 2007/1442, art. 2(1)

F249S. 113B(10)(f)(g) omitted (7.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 60(a); S.I. 2013/1682, art. 3(v)

F250Words in s. 113B(11)(b) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 60(b); S.I. 2013/1682, art. 3(v)

F251S. 113B(11)(ba) inserted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 10; S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4

F802Words in s. 113B(4) substituted (N.I.) (2.11.2015) by Justice Act (Northern Ireland) 2015 (c. 9), ss. 40(1)(a), 106(2); S.R. 2015/358, art. 2(e)

F804Words in s. 113B(4)(a) substituted (N.I.) (2.11.2015) by Justice Act (Northern Ireland) 2015 (c. 9), ss. 40(1)(c), 106(2); S.R. 2015/358, art. 2(e)

F805Words in s. 113B(4)(b) inserted (N.I.) (2.11.2015) by Justice Act (Northern Ireland) 2015 (c. 9), ss. 40(1)(d), 106(2); S.R. 2015/358, art. 2(e)

F808Words in s. 113B(9) inserted (N.I.) (2.11.2015) by Justice Act (Northern Ireland) 2015 (c. 9), ss. 40(3)(a), 106(2); S.R. 2015/358, art. 2(e)

Modifications etc. (not altering text)

C44S. 113B(10)(11) applied by S.I. 2007/1351 (N.I. 11), Sch. 1 para. 19(7A) (as inserted (N.I.) (2.11.2015) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 5 para. 20(6); S.R. 2015/358, art. 2(m)(i))

Commencement Information

I55S. 113B in force at 1.4.2008 for N.I. by S.I. 2008/692, art. 2(c)

[F204[F204113BEnhanced criminal record certificatesS

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

(a)makes an application F230..., 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), [F811(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.]

[F812(3A)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 F813...—

[F814(a)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.]

[F815(4A)For the avoidance of doubt, information such as is mentioned in subsection (4) may include information with respect to relevant behaviour (within the meaning of section 5(1)(a) of the Age of Criminal Responsibility (Scotland) Act 2019).]

F816(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F817(5A)The Scottish Ministers must pay to such body as may be prescribed such fee as they think appropriate for information received from the chief officer of a body mentioned in subsection (10)(j) to (m) as a result of a request under subsection (4) F818...]

F819(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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—

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

[F248(a)the Royal Navy Police;]

(c)the Royal Military Police;

(d)the Royal Air Force Police;

(e)the Ministry of Defence Police;

F249(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F249(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h)the British Transport Police;

(i)the Civil Nuclear Constabulary;

(j)the States of Jersey Police Force;

(k)the salaried police force of the Island of Guernsey;

(l)the Isle of Man Constabulary;

(m)a body with functions in any country or territory outside the British Islands which correspond to those of a police force in any part of the United Kingdom,

and any reference to the chief officer of a police force includes the person responsible for the direction of a body mentioned in this subsection.

(11)For the purposes of this section each of the following must be treated as if it were a police force—

(a)the Commissioners for Her Majesty's Revenue and Customs (and for this purpose a reference to the chief officer of a police force must be taken to be a reference to any one of the Commissioners);

(b)the [F250National 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);

[F251(ba)the tri-service serious crime unit (and for this purpose a reference to the chief officer of a police force must be taken to be a reference to the Provost Marshal for serious crime);]

(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).]]

Textual Amendments

F204Ss. 113A-113F inserted (1.4.2006 for S. except for the insertion of s. 113E, 6.4.2006 for E.W. for specified purposes, 25.9.2006 for E.W. for specified purposes, 12.11.2007 for E.W. for specified purposes, 29.2.2008 for E.W. for specified purposes, 1.4.2008 for N.I., 9.3.2015 for E.W. for specified purposes) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 163(2), 178(4)(d)(8); S.S.I. 2006/166, art. 2(1)(c); S.I. 2006/378, art. 7(a); S.I. 2006/2182, art. 2; S.I. 2007/3064, art. 2; S.I. 2008/306, art. 2; S.I. 2008/697, art. 2(a); S.I. 2015/188, art. 2

F248S. 113B(10)(a) substituted for s. 113(10)(a)(b) (4.6.2007) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 149; S.I. 2007/1442, art. 2(1)

F249S. 113B(10)(f)(g) omitted (7.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 60(a); S.I. 2013/1682, art. 3(v)

F250Words in s. 113B(11)(b) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 60(b); S.I. 2013/1682, art. 3(v)

F251S. 113B(11)(ba) inserted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 10; S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4

[F255113BASuitability information relating to childrenE+W+NI

(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;

F256(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F256(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F256(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F257(e)whether the applicant is subject to a direction under [F258section 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 [F259in 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.]

Textual Amendments

F204Ss. 113A-113F inserted (1.4.2006 for S. except for the insertion of s. 113E, 6.4.2006 for E.W. for specified purposes, 25.9.2006 for E.W. for specified purposes, 12.11.2007 for E.W. for specified purposes, 29.2.2008 for E.W. for specified purposes, 1.4.2008 for N.I., 9.3.2015 for E.W. for specified purposes) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 163(2), 178(4)(d)(8); S.S.I. 2006/166, art. 2(1)(c); S.I. 2006/378, art. 7(a); S.I. 2006/2182, art. 2; S.I. 2007/3064, art. 2; S.I. 2008/306, art. 2; S.I. 2008/697, art. 2(a); S.I. 2015/188, art. 2

F255Ss. 113BA-113BC inserted (E.W.N.I.) (22.6.2009 for specified purposes, 12.10.2009 for E.W. in so far as not already in force, 12.10.2009 for N.I. in so far as not already in force) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 14(4) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/1503, art. 2(a); S.I. 2009/2610, art. 2(a) (with arts. 4-23); S.I. 2009/2611, art. 2, Sch.; S.I. 2009/1503, art. 2(a); S.I. 2009/2610, art. 2(a) (with arts. 4-23); S.I. 2009/2611, art. 2, Sch.

F256S. 113BA(2)(b)-(d) repealed (E.W.N.I.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 38, Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(aa)(i)

Modifications etc. (not altering text)

C31S. 113BA modified (temp.) (N.I.) (with application in accordance with arts. 2, 11 of the amending Order) by Safeguarding Vulnerable Groups (Regulated Activity, Transitional Provisions and Commencement No. 4) Order (Northern Ireland) 2009 (S.R. 2009/304), art. 12

C32S. 113BA modified (temp.) (N.I.) (with application in accordance with arts. 2, 5 of the amending Order) by Safeguarding Vulnerable Groups (Regulated Activity, Transitional Provisions and Commencement No. 4) Order (Northern Ireland) 2009 (S.R. 2009/304), art. 6

[F524[F820113BAInformation held outside the United KingdomS

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

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

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

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

(d)“relevant matter” in section 113A(6),

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

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

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

Textual Amendments

F524Ss. 124A, 124B inserted (S.) (1.4.2006 for the insertion of s. 124A) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 70(8), 89(2); S.S.I. 2006/168, art. 2

[F255113BBSuitability information relating to vulnerable adultsE+W+NI

(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;

F260(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F260(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F260(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(4)The 2006 Act” means the Safeguarding Vulnerable Groups Act 2006.

Textual Amendments

F204Ss. 113A-113F inserted (1.4.2006 for S. except for the insertion of s. 113E, 6.4.2006 for E.W. for specified purposes, 25.9.2006 for E.W. for specified purposes, 12.11.2007 for E.W. for specified purposes, 29.2.2008 for E.W. for specified purposes, 1.4.2008 for N.I., 9.3.2015 for E.W. for specified purposes) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 163(2), 178(4)(d)(8); S.S.I. 2006/166, art. 2(1)(c); S.I. 2006/378, art. 7(a); S.I. 2006/2182, art. 2; S.I. 2007/3064, art. 2; S.I. 2008/306, art. 2; S.I. 2008/697, art. 2(a); S.I. 2015/188, art. 2

F255Ss. 113BA-113BC inserted (E.W.N.I.) (22.6.2009 for specified purposes, 12.10.2009 for E.W. in so far as not already in force, 12.10.2009 for N.I. in so far as not already in force) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 14(4) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/1503, art. 2(a); S.I. 2009/2610, art. 2(a) (with arts. 4-23); S.I. 2009/2611, art. 2, Sch.; S.I. 2009/1503, art. 2(a); S.I. 2009/2610, art. 2(a) (with arts. 4-23); S.I. 2009/2611, art. 2, Sch.

F260S. 113BB(2)(b)-(d) repealed (E.W.N.I.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 39, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(i)

Modifications etc. (not altering text)

C33S. 113BB modified (temp.) (N.I.) (with application in accordance with arts. 2, 11 of the amending Order) by Safeguarding Vulnerable Groups (Regulated Activity, Transitional Provisions and Commencement No. 4) Order (Northern Ireland) 2009 (S.R. 2009/304), art. 13

C34S. 113BB modified (temp.) (N.I.) (with application in accordance with arts. 2, 5 of the amending Order) by Safeguarding Vulnerable Groups (Regulated Activity, Transitional Provisions and Commencement No. 4) Order (Northern Ireland) 2009 (S.R. 2009/304), art. 7

113BCSuitability information: power to amendE+W+NI

(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 [F261;

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

[F262(c)amend section 120AC(4)(b) in consequence of an order made under paragraph (a) or (b).]

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

Textual Amendments

F204Ss. 113A-113F inserted (1.4.2006 for S. except for the insertion of s. 113E, 6.4.2006 for E.W. for specified purposes, 25.9.2006 for E.W. for specified purposes, 12.11.2007 for E.W. for specified purposes, 29.2.2008 for E.W. for specified purposes, 1.4.2008 for N.I., 9.3.2015 for E.W. for specified purposes) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 163(2), 178(4)(d)(8); S.S.I. 2006/166, art. 2(1)(c); S.I. 2006/378, art. 7(a); S.I. 2006/2182, art. 2; S.I. 2007/3064, art. 2; S.I. 2008/306, art. 2; S.I. 2008/697, art. 2(a); S.I. 2015/188, art. 2

F255Ss. 113BA-113BC inserted (E.W.N.I.) (22.6.2009 for specified purposes, 12.10.2009 for E.W. in so far as not already in force, 12.10.2009 for N.I. in so far as not already in force) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 14(4) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/1503, art. 2(a); S.I. 2009/2610, art. 2(a) (with arts. 4-23); S.I. 2009/2611, art. 2, Sch.; S.I. 2009/1503, art. 2(a); S.I. 2009/2610, art. 2(a) (with arts. 4-23); S.I. 2009/2611, art. 2, Sch.

F261S. 113BC(1)(c) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 105 (with s. 97); S.I. 2012/2234, art. 2(aa)(vi)

[F263113CASuitability information relating to childrenS

(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;

F264(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F265(e)if a notification order, made under section 97(5) of the Sexual Offences Act 2003, is in effect in respect of the applicant—

(i)the date of that order; and

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

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

(i)the date of that order; and

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

[F266(fa)if a sexual harm prevention order, made under section 103A of the Sexual Offences Act 2003 [F267or Chapter 2 of Part 11 of the Sentencing Code], 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) [F268of the Sexual Offences Act 2003 or section 347(2) or 348(1) of the Sentencing Code];

(iv)details as to whether the order has been varied or renewed under section 103E(5) [F269of the Sexual Offences Act 2003 or section 350(6) of the Sentencing Code];

(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;]

[F270(fc)if a sexual harm prevention order, made under section 11(2) or 12(1) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, is in effect in respect of the applicant—

(i)the prohibitions and requirements contained in that order;

(ii)the date of that order;

(iii)the period for which each of the prohibitions and requirements contained in that order has effect by virtue of section 16(3) or, as the case may be, 17(1) of that Act;

(iv)details as to whether that order has been varied or renewed under section 20(1) of that Act;

(fd)if an interim sexual harm prevention order, made under section 21 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, is in effect in respect of the applicant—

(i)the prohibitions and requirements contained in that order;

(ii)the date of that order;

(iii)the period for which each of the prohibitions and requirements contained in that order has effect by virtue of section 21(5) of that Act;

(iv)details as to whether that order has been varied or renewed under section 21(10) 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;

[F271(ia)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;]

[F272(ic)if a sexual risk order, made under section 27(1) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, is in effect in respect of the applicant—

(i)the prohibitions and requirements contained in that order;

(ii)the date of that order;

(iii)the period for which each of the prohibitions and requirements contained in that order has effect by virtue of section 28(3) or, as the case may be, 29(1) of that Act;

(iv)details as to whether that order has been varied or renewed under section 30(1) of that Act;

(id)if an interim sexual risk order, made under section 31(1) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, is in effect in respect of the applicant—

(i)the prohibitions and requirements contained in that order;

(ii)the date of that order;

(iii)the period for which each of the prohibitions and requirements contained in that order has effect by virtue of section 31(5) of that Act;

(iv)details as to whether that order has been varied or renewed under section 31(9) 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;

F273(l). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F273(m). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F204Ss. 113A-113F inserted (1.4.2006 for S. except for the insertion of s. 113E, 6.4.2006 for E.W. for specified purposes, 25.9.2006 for E.W. for specified purposes, 12.11.2007 for E.W. for specified purposes, 29.2.2008 for E.W. for specified purposes, 1.4.2008 for N.I., 9.3.2015 for E.W. for specified purposes) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 163(2), 178(4)(d)(8); S.S.I. 2006/166, art. 2(1)(c); S.I. 2006/378, art. 7(a); S.I. 2006/2182, art. 2; S.I. 2007/3064, art. 2; S.I. 2008/306, art. 2; S.I. 2008/697, art. 2(a); S.I. 2015/188, art. 2

F263Ss. 113CA-113CC inserted (S.) (18.4.2010 for specified purposes, 28.2.2011 in so far as not already in force) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), s. 101(2), sch. 4 para. 29 (with ss. 90, 99); S.S.I. 2010/133, art. 2, sch.; S.S.I. 2011/157, art. 2(a) (with art. 3)

113CBSuitability information relating to protected adultsS

(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;

F274(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F275(e)if a notification order, made under section 97(5) of the Sexual Offences Act 2003, is in effect in respect of the applicant—

(i)the date of that order; and

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

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

(i)the date of that order; and

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

[F276(fa)if a sexual harm prevention order, made under section 103A of the Sexual Offences Act 2003 [F277or Chapter 2 of Part 11 of the Sentencing Code], 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) [F278of the Sexual Offences Act 2003 or section 347(2) or 348(1) of the Sentencing Code];

(iv)details as to whether the order has been varied or renewed under section 103E(5) [F279of the Sexual Offences Act 2003 or section 350(6) of the Sentencing Code];

(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;]

[F280(fc)if a sexual harm prevention order, made under section 11(2) or 12(1) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, is in effect in respect of the applicant—

(i)the prohibitions and requirements contained in that order;

(ii)the date of that order;

(iii)the period for which each of the prohibitions and requirements contained in that order has effect by virtue of section 16(3) or, as the case may be, 17(1) of that Act;

(iv)details as to whether that order has been varied or renewed under section 20(1) of that Act;

(fd)if an interim sexual harm prevention order, made under section 21 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, is in effect in respect of the applicant—

(i)the prohibitions and requirements contained in that order;

(ii)the date of that order;

(iii)the period for which each of the prohibitions and requirements contained in that order has effect by virtue of section 21(5) of that Act;

(iv)details as to whether that order has been varied or renewed under section 21(10) 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;

[F281(ia)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;]

[F282(ic)if a sexual risk order, made under section 27(1) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, is in effect in respect of the applicant—

(i)the prohibitions and requirements contained in that order;

(ii)the date of that order;

(iii)the period for which each of the prohibitions and requirements contained in that order has effect by virtue of section 28(3) or, as the case may be, 29(1) of that Act;

(iv)details as to whether that order has been varied or renewed under section 30(1) of that Act;

(id)if an interim sexual risk order, made under section 31(1) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, is in effect in respect of the applicant—

(i)the prohibitions and requirements contained in that order;

(ii)the date of that order;

(iii)the period for which each of the prohibitions and requirements contained in that order has effect by virtue of section 31(5) of that Act;

(iv)details as to whether that order has been varied or renewed under section 31(9) 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;

F283(l). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F283(m). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F204Ss. 113A-113F inserted (1.4.2006 for S. except for the insertion of s. 113E, 6.4.2006 for E.W. for specified purposes, 25.9.2006 for E.W. for specified purposes, 12.11.2007 for E.W. for specified purposes, 29.2.2008 for E.W. for specified purposes, 1.4.2008 for N.I., 9.3.2015 for E.W. for specified purposes) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 163(2), 178(4)(d)(8); S.S.I. 2006/166, art. 2(1)(c); S.I. 2006/378, art. 7(a); S.I. 2006/2182, art. 2; S.I. 2007/3064, art. 2; S.I. 2008/306, art. 2; S.I. 2008/697, art. 2(a); S.I. 2015/188, art. 2

F263Ss. 113CA-113CC inserted (S.) (18.4.2010 for specified purposes, 28.2.2011 in so far as not already in force) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), s. 101(2), sch. 4 para. 29 (with ss. 90, 99); S.S.I. 2010/133, art. 2, sch.; S.S.I. 2011/157, art. 2(a) (with art. 3)

113CCSuitability information: supplementaryS

(1)The Scottish Ministers may by order made by statutory instrument—

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

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

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

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

Textual Amendments

F204Ss. 113A-113F inserted (1.4.2006 for S. except for the insertion of s. 113E, 6.4.2006 for E.W. for specified purposes, 25.9.2006 for E.W. for specified purposes, 12.11.2007 for E.W. for specified purposes, 29.2.2008 for E.W. for specified purposes, 1.4.2008 for N.I., 9.3.2015 for E.W. for specified purposes) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 163(2), 178(4)(d)(8); S.S.I. 2006/166, art. 2(1)(c); S.I. 2006/378, art. 7(a); S.I. 2006/2182, art. 2; S.I. 2007/3064, art. 2; S.I. 2008/306, art. 2; S.I. 2008/697, art. 2(a); S.I. 2015/188, art. 2

F263Ss. 113CA-113CC inserted (S.) (18.4.2010 for specified purposes, 28.2.2011 in so far as not already in force) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), s. 101(2), sch. 4 para. 29 (with ss. 90, 99); S.S.I. 2010/133, art. 2, sch.; S.S.I. 2011/157, art. 2(a) (with art. 3)

F284113CCriminal record certificates: suitability relating to childrenU.K.

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

Textual Amendments

F204Ss. 113A-113F inserted (1.4.2006 for S. except for the insertion of s. 113E, 6.4.2006 for E.W. for specified purposes, 25.9.2006 for E.W. for specified purposes, 12.11.2007 for E.W. for specified purposes, 29.2.2008 for E.W. for specified purposes, 1.4.2008 for N.I., 9.3.2015 for E.W. for specified purposes) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 163(2), 178(4)(d)(8); S.S.I. 2006/166, art. 2(1)(c); S.I. 2006/378, art. 7(a); S.I. 2006/2182, art. 2; S.I. 2007/3064, art. 2; S.I. 2008/306, art. 2; S.I. 2008/697, art. 2(a); S.I. 2015/188, art. 2

F284Ss. 113C-113F repealed (E.W.) (12.10.2009 for the repeal of ss. 113C, 113D, 113F) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 10 (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2610, art. 2(b) (with arts. 4-23)

Ss. 113C-113F repealed (N.I.) (12.10.2009 for the repeal of ss. 113C, 113D, 113F) by The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351), art. 1(3), Sch. 8 (with arts. 2(4), 53, 57(3), 61(4)); S.R. 2009/304, art. 3(a)

Ss. 113C-113F repealed (S.) (28.2.2011) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), s. 101(2), sch. 4 para. 30 (with ss. 90, 99); S.S.I. 2011/157, art. 2(a) (with art. 3)

F284113DCriminal record certificates: suitability relating to adultsU.K.

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

Textual Amendments

F204Ss. 113A-113F inserted (1.4.2006 for S. except for the insertion of s. 113E, 6.4.2006 for E.W. for specified purposes, 25.9.2006 for E.W. for specified purposes, 12.11.2007 for E.W. for specified purposes, 29.2.2008 for E.W. for specified purposes, 1.4.2008 for N.I., 9.3.2015 for E.W. for specified purposes) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 163(2), 178(4)(d)(8); S.S.I. 2006/166, art. 2(1)(c); S.I. 2006/378, art. 7(a); S.I. 2006/2182, art. 2; S.I. 2007/3064, art. 2; S.I. 2008/306, art. 2; S.I. 2008/697, art. 2(a); S.I. 2015/188, art. 2

F284Ss. 113C-113F repealed (E.W.) (12.10.2009 for the repeal of ss. 113C, 113D, 113F) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 10 (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2610, art. 2(b) (with arts. 4-23)

Ss. 113C-113F repealed (N.I.) (12.10.2009 for the repeal of ss. 113C, 113D, 113F) by The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351), art. 1(3), Sch. 8 (with arts. 2(4), 53, 57(3), 61(4)); S.R. 2009/304, art. 3(a)

Ss. 113C-113F repealed (S.) (28.2.2011) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), s. 101(2), sch. 4 para. 30 (with ss. 90, 99); S.S.I. 2011/157, art. 2(a) (with art. 3)

[F284113ECriminal record certificates: specified children's and adults' lists: urgent casesU.K.

(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)[F285The Secretary of State] [F285DBS] 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)[F286The Secretary of State] [F286DBS] 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—

Textual Amendments

F204Ss. 113A-113F inserted (1.4.2006 for S. except for the insertion of s. 113E, 6.4.2006 for E.W. for specified purposes, 25.9.2006 for E.W. for specified purposes, 12.11.2007 for E.W. for specified purposes, 29.2.2008 for E.W. for specified purposes, 1.4.2008 for N.I., 9.3.2015 for E.W. for specified purposes) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 163(2), 178(4)(d)(8); S.S.I. 2006/166, art. 2(1)(c); S.I. 2006/378, art. 7(a); S.I. 2006/2182, art. 2; S.I. 2007/3064, art. 2; S.I. 2008/306, art. 2; S.I. 2008/697, art. 2(a); S.I. 2015/188, art. 2

F284Ss. 113C-113F repealed (E.W.) (12.10.2009 for the repeal of ss. 113C, 113D, 113F) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 10 (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2610, art. 2(b) (with arts. 4-23)

Ss. 113C-113F repealed (N.I.) (12.10.2009 for the repeal of ss. 113C, 113D, 113F) by The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351), art. 1(3), Sch. 8 (with arts. 2(4), 53, 57(3), 61(4)); S.R. 2009/304, art. 3(a)

Ss. 113C-113F repealed (S.) (28.2.2011) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), s. 101(2), sch. 4 para. 30 (with ss. 90, 99); S.S.I. 2011/157, art. 2(a) (with art. 3)

Modifications etc. (not altering text)

F284113FCriminal record certificates: supplementaryU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F204Ss. 113A-113F inserted (1.4.2006 for S. except for the insertion of s. 113E, 6.4.2006 for E.W. for specified purposes, 25.9.2006 for E.W. for specified purposes, 12.11.2007 for E.W. for specified purposes, 29.2.2008 for E.W. for specified purposes, 1.4.2008 for N.I., 9.3.2015 for E.W. for specified purposes) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 163(2), 178(4)(d)(8); S.S.I. 2006/166, art. 2(1)(c); S.I. 2006/378, art. 7(a); S.I. 2006/2182, art. 2; S.I. 2007/3064, art. 2; S.I. 2008/306, art. 2; S.I. 2008/697, art. 2(a); S.I. 2015/188, art. 2

F284Ss. 113C-113F repealed (E.W.) (12.10.2009 for the repeal of ss. 113C, 113D, 113F) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 10 (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2610, art. 2(b) (with arts. 4-23)

Ss. 113C-113F repealed (N.I.) (12.10.2009 for the repeal of ss. 113C, 113D, 113F) by The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351), art. 1(3), Sch. 8 (with arts. 2(4), 53, 57(3), 61(4)); S.R. 2009/304, art. 3(a)

Ss. 113C-113F repealed (S.) (28.2.2011) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), s. 101(2), sch. 4 para. 30 (with ss. 90, 99); S.S.I. 2011/157, art. 2(a) (with art. 3)

114 Criminal record certificates: Crown employment.U.K.

(1)[F287The Secretary of State] [F287DBS] shall issue a criminal record certificate to any individual who—

(a)makes an application under this section F288...,

[F289(aa)is aged 16 or over at the time of making the application,]

[F290(aa)except in prescribed circumstances, is aged 16 or over at the time of making the application,] and

[F291(b)pays any fee that is payable in relation to the application under regulations made by the Secretary of State.]

[F291(b)pays in the prescribed manner any prescribed fee]

(2)An application under this section must be accompanied by a statement by [F292a Minister of the Crown] [F292a 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.

[F293(2A)Any of the following persons may make a statement for the purposes of subsection (2)—

(a)a Minister of the Crown;

(b)a member of the Scottish Executive;

(c)any other office-holder in the Scottish Administration; or

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

(3)[F294[F295Section 113A(3) to (6)]] [F294Sections 113A(3) to (6), 120AC and 120AD] shall apply in relation to this section with any necessary modifications.

Textual Amendments

F289S. 114(1)(aa) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 80(1), 120 (with s. 97); S.I. 2012/2234, art. 2(s) (with art. 5)

F294Words in s. 114(3) substituted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 106 (with s. 97); S.I. 2012/2234, art. 2(aa)(vi); and substituted (N.I.) (2.11.2015) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 5 para. 4; S.R. 2015/358, art. 2(m)(i)

F295Words in s. 114(3) substituted (E.W.N.I.) (12.10.2009 for E.W., 12.10.2009 for N.I.) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 14(5) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2610, art. 2(a) (with arts. 4-23); S.I. 2009/2611, art. 2, Sch.; and substituted (S.) (28.2.2011) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), s. 101(2), sch. 4 para. 31(c) (with ss. 90, 99); S.S.I. 2011/157, art. 2(a) (with art. 3)

Commencement Information

I7S. 114 in force at 1.3.2002 for E.W. by S.I. 2002/413, art. 2

S. 114 in force at 25.4.2002 for S. by S.S.I. 2002/124, art. 4

I8S. 114 in force at 1.4.2008 for N.I. by S.I. 2008/692, art. 2(g)

F296115 Enhanced criminal record certificates.E+W+N.I.

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

Extent Information

E1This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only

Textual Amendments

F296[F524115 Enhanced criminal record certificates.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E11This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland only

Textual Amendments

F524Ss. 124A, 124B inserted (S.) (1.4.2006 for the insertion of s. 124A) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 70(8), 89(2); S.S.I. 2006/168, art. 2

116 Enhanced criminal record certificates: judicial appointments and Crown employment.U.K.

(1)[F297The Secretary of State] [F297DBS] shall issue an enhanced criminal record certificate to any individual who—

(a)makes an application under this section F298...,

[F299(aa)is aged 16 or over at the time of making the application,]

[F300(aa)except in prescribed circumstances, is aged 16 or over at the time of making the application,] and

[F301(b)pays any fee that is payable in relation to the application under regulations made by the Secretary of State.]

[F301(b)pays in the prescribed manner any prescribed fee]

(2)An application under this section must be accompanied by a statement by [F302a Minister of the Crown, or a person nominated by a Minister of the Crown,] [F302a 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 [F303to which subsection (3) or (4) of section 115 applies] [F303of such description as may be prescribed].

[F304(2A)Any of the following persons may make a statement for the purposes of subsection (2)—

(a)a Minister of the Crown;

(b)a member of the Scottish Executive;

(c)any other office-holder in the Scottish Administration; or

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

(3)[F305Sections 113B(3) to (11) [F306and [F307113BA to 113BC]] [F306, 113BA to 113BC, 120AC and 120AD] [F308113CA to 113CC]] shall apply in relation to this section with any necessary modifications.

Textual Amendments

F299S. 116(1)(aa) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 80(1), 120 (with s. 97); S.I. 2012/2234, art. 2(s) (with art. 5)

F303Words in s. 116(2)(b) substituted (E.W.N.I.) (29.1.2004 for specified purposes for E.W., 6.4.2006 for E.W. in so far as not already in force, 1.4.2008 for N.I.) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 35 para. 5; S.I. 2004/81, art. 4(1)(2)(o)(ii); S.I. 2006/751, art. 2(c)(i); S.I. 2008/694, art. 2

F305Words in s. 116(3) substituted (1.4.2006 for S., 6.4.2006 for E.W., 1.4.2008 for N.I.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(4)(e)(8), Sch. 14 para. 3(b); S.S.I. 2006/166, art. 2(1)(e); S.I. 2006/378, art. 7(c); S.I. 2008/697, art. 2(e)

F306Words in s. 116(3) substituted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 107 (with s. 97); S.I. 2012/2234, art. 2(aa)(vi); and substituted (N.I.) (2.11.2015) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 5 para. 5; S.R. 2015/358, art. 2(m)(i)

F307Words in s. 116(3) substituted (E.W.N.I.) (12.10.2009 for E.W., 12.10.2009 for N.I.) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 14(6) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2610, art. 2(a) (with arts. 4-23); S.I. 2009/2611, art. 2, Sch.

Modifications etc. (not altering text)

C38S. 116 modified (temp.) (N.I.) (with application in accordance with arts. 2, 14 of the amending Order) by Safeguarding Vulnerable Groups (Regulated Activity, Transitional Provisions and Commencement No. 4) Order (Northern Ireland) 2009 (S.R. 2009/304), art. 15 (which modifying provision is revoked (10.9.2012) by The Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order (Northern Ireland) 2012 (S.R. 2012/320), arts. 1, 4)

Commencement Information

I9S. 116 in force at 1.3.2002 for E.W. by S.I. 2002/413, art. 2

S. 116 in force at 25.4.2002 for S. by S.S.I. 2002/124, art. 4

I10S. 116 in force at 1.4.2008 for N.I. by S.I. 2008/692, art. 2(h)

[F309116ZACopies of criminal record certificate or enhanced criminal record certificateS

(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 [F310which falls within subsection (1A)].

[F311(1A)A conviction falls within this subsection if it is—

(a)a conviction for an offence listed in schedule 8A which is a spent conviction and either—

(i)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, or

(ii)the person was aged 18 or over on the date of conviction and at least 15 years have passed since the date of conviction,

(b)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 [F312which falls within subsection (1A)].

(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 certificateS

(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 [F313which falls within section 116ZA(1A)].

(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 3 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).]

[F314116AUp-dating certificatesE+W

(1)[F315DBS] 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)[F316DBS] 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 [F317DBS] for the certificate to be subject to up-date arrangements,

(b)the individual has paid in the prescribed manner any prescribed fee,

(c)[F317DBS] 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 [F318DBS] 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)[F318DBS] 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)[F319DBS] 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—

117 Disputes about [F320accuracy of certificates] [F320certificates and up-date information].E+W

(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 [F321in writing] to [F322the Secretary of State] [F322DBS] for a new certificate.

[F323(1A)Where any person other than the applicant believes that the information contained in a certificate under any of sections 112 to 116 is inaccurate, that person may make an application in writing to [F324DBS] for a decision as to whether or not the information is inaccurate.]

[F325(1A)Where any person other than the applicant believes that the information contained in a certificate under any of sections 112 to 116 is inaccurate, that person may make an application in writing to the Department for a decision as to whether or not the information is inaccurate.]

[F326(1B)Where a person believes that the wrong up-date information has been given under section 116A in relation to the person's certificate, the person may make an application in writing to [F327DBS] for corrected up-date information.]

(2)[F328The Secretary of State] [F328DBS] shall consider any application under this section; and where [F329he] [F329it] is of the opinion that the information in the certificate is inaccurate [F330, or that the wrong up-date information has been given,] [F329he] [F329it] shall issue a new certificate [F331or (as the case may be) corrected up-date information].

[F332(2A)In this section—

[F333(3)[F334Subject to subsection (3A),] An application under this section may, in particular, request a review of any information contained in a certificate by virtue of section 113B(4).

[F335(3A)But an application under this section may not request a review of information contained in a certificate by virtue of section 113B(4) which was or could have been the subject of an appeal under section 20 of the Age of Criminal Responsibility (Scotland) Act 2019.]

[F336(4)The Scottish Ministers, on receiving [F337a request mentioned in subsection (3)], must ask the chief officer of the relevant police force who provided that information to reconsider whether—

(a)the chief officer still reasonably believes that information to be relevant for the purpose in respect of which it was requested, and

(b)in the chief officer’s opinion, that information still ought to be included in the certificate.]]

[F338(5)This section does not apply to any information which could be the subject of an application under section 116ZB(2).]

Textual Amendments

F320Words in s. 117 title substituted (E.W.) (17.6.2013) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 108(2) (with s. 97); S.I. 2013/1180, art. 2(e)(i)

F323S. 117(1A) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 82(4), 120 (with s. 97); S.I. 2012/2234, art. 2(u)

Commencement Information

I11S. 117 in force at 1.3.2002 for E.W. by S.I. 2002/413, art. 2

S. 117 in force at 25.4.2002 for S. by S.S.I. 2002/124, art. 4

I12S. 117 in force at 1.4.2008 for N.I. by S.I. 2008/692, art. 2(i)

[F339117AOther disputes about section 113B(4) informationE+W

(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 [F340DBS] of that fact, and

(b)on being so informed, [F340DBS] must issue a new certificate.

(6)In issuing such a certificate, [F341DBS] 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.]

Extent Information

E2This version of this provision extends to England and Wales only; a separate version has been created for Northern Ireland only

Textual Amendments

F339S. 117A inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 82(5), 120 (with s. 97); S.I. 2012/2234, art. 2(u)

[F821117AOther disputes about section 113B(4) informationN.I.

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

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

(b)ought not to be included in the certificate.

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

(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.]

Extent Information

E12This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales only

Textual Amendments

[F342117BReview of criminal record certificatesNI

Schedule 8A (which provides for an independent review of certain criminal record certificates) has effect.]

Textual Amendments

118 Evidence of identity.U.K.

(1)[F343The Secretary of State] [F343DBS] may refuse to issue a certificate under this Part, or to consider [F344an application as mentioned in section 116A(4)(a) or (5)(a) or] an application under section 117 [F345, 117A] [F346or 120], unless the application is supported by such evidence of identity as [F347he] [F347it] may require.

(2)In particular, [F348the Secretary of State] [F348DBS] 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.

[F349(2A)For the purpose of verifying evidence of identity supplied in pursuance of subsection (1) [F350the Secretary of State] [F350DBS] may obtain such information as [F351he] [F351it] thinks is appropriate from data held—

(a)by the [F352United Kingdom Passport Agency] [F352Identity 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.]

[F353(2B)The Scottish Ministers may require an applicant to have fingerprints taken under subsection (2) only if they are not satisfied by other evidence provided under subsection (1) as to the applicant's identity.]

[F354(3)Regulations dealing with the taking of fingerprints may make provision requiring their destruction in specified circumstances and by specified persons.]

[F354(3)The Scottish Ministers must arrange the destruction of any fingerprints taken in pursuance of subsection (2) as soon as reasonably practicable after they have been used for the purpose mentioned in subsection (1).]

[F355(3A)[F356DBS] 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 [F356DBS] to verify whether information in the possession of [F356DBS] that [F356DBS] 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), [F356DBS] 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 [F357or 117A] where a new certificate is issued.

Textual Amendments

F344Words in s. 118(1) inserted (E.W.) (17.6.2013) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 109(2)(a) (with s. 97); S.I. 2013/1180, art. 2(e)(ii); and inserted (N.I.) (2.11.2015) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 5 para. 7(2)(a); S.R. 2015/358, art. 2(m)(ii)

F345Word in s. 118(1) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 109(2)(b) (with s. 97); S.I. 2012/2234, art. 2(aa)(vii); and inserted (N.I.) (2.11.2015) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 5 para. 7(2)(b); S.R. 2015/358, art. 2(m)(ii)

F346Words in s. 118(1) inserted (1.7.2005 for S., 1.7.2005 for E.W., 1.4.2008 for N.I.) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 164(2), 178(4)(d)(8); S.S.I. 2005/358, art. 2(c); S.I. 2005/1521, art. 3(3)(a); S.I. 2008/697, art. 2(b)

F356Word in s. 118(3A)(3B) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(j) (with Pt. 4)

F357Words in s. 118(4) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 109(4) (with s. 97); S.I. 2012/2234, art. 2(aa)(vii); and inserted (N.I.) (2.11.2015) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 5 para. 7(4); S.R. 2015/358, art. 2(m)(ii)

Commencement Information

I13S. 118 in force at 1.3.2002 for E.W. by S.I. 2002/413, art. 2

S. 118 in force at 25.4.2002 for S. by S.S.I. 2002/124, art. 4

I14S. 118 in force at 1.4.2008 for N.I. by S.I. 2008/692, art. 2(j)

119 Sources of information.U.K.

(1)Any person who holds records of convictions [F358or cautions] [F358, cautions or other information] for the use of police forces generally shall make those records available to [F359the Secretary of State] [F359DBS] [F360for the purposes of an application [F361(whether for a certificate or for registration)] under this Part.] [F360for the purpose of enabling [F362him] [F362it] to carry out [F363his 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.]

[F363a relevant function]]

[F364(1ZA)Any person who holds records of convictions or cautions for the use of police forces generally must make those records available to the Disclosure and Barring Service for the purpose of enabling it to carry out its functions under paragraph 1, 2, 7 or 8 of Schedule 1 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007.]

[F365(1A)[F366The Secretary of State may require the [F367Disclosure 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;

[F368(aa)the provision of up-date information under section 116A;] or

(b)the determination of whether a person should continue to be a registered person.]]

[F369(1B)[F370The Secretary of State] [F370DBS] may require the chief officer of a police force to make available such information as [F371he] [F371it] may specify for the purpose of [F372determining, in relation to applications under section 113B, whether the police force is a relevant police force] [F372deciding 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 [F373113B] or 116 F374... he shall comply with it as soon as practicable.

[F375(2A)Where, in connection with the provision of up-date information under section 116A, the chief officer of a police force receives a request for information of the kind mentioned in section 113B(4), the chief officer of police must comply with it as soon as practicable.]

[F376(2A)But the chief constable of the Police Service of Scotland may provide information mentioned in section 113B(4) relating to a time when the applicant was under 12 years of age only where—

(a)the independent reviewer determines, on a review under section 18 of the Age of Criminal Responsibility (Scotland) Act 2019, that the information ought to be included in the certificate and—

(i)no appeal under section 20 of that Act is taken, or

(ii)such an appeal having been taken, the sheriff confirms the determination under section 20(3)(a), or

(b)the sheriff, on an appeal under section 20, determines under section 20(3)(b) that the information ought to be included in the certificate.]

[F377(2B)Subsection (2A) (as inserted by section 10(1) of the 2019 Act) applies in relation to the following persons as it applies in relation to the chief constable of the Police Service of Scotland—

(a)the chief constable of—

(i)a police force in England and Wales;

(ii)the Police Service of Northern Ireland;

(iii)the Ministry of Defence Police;

(iv)the British Transport Police;

(v)the Civil Nuclear Constabulary;

(b)the Provost Marshal of—

(i)the Royal Navy Police;

(ii)the Royal Military Police;

(iii)the Royal Air Force Police;

(c)the Director General of the National Crime Agency.]

(3)[F378The Secretary of State] [F378DBS] shall pay to the appropriate [F379local policing body or] police authority, F380... [F381such fee as [F382he] [F382the Secretary of State] thinks appropriate] for information provided in accordance with [F383subsection (2)] [F383section 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 [F384the Secretary of State] [F384DBS] [F360for the purposes of an application under this Part.] [F360for the purpose of enabling [F385him] [F385it] to carry out [F386his] [F386its] functions under this Part in relation to—

(a)any application for a certificate or for registration;

[F387(aa)any application as mentioned in section 116A(4)(a) or (5)(a);] or

(b)the determination of whether a person should continue to be a registered person.]

[F388(4A)DBS may require the Secretary of State to provide it with the information and advice specified in section 113CD(2) to (6) for the purpose of enabling DBS to carry out its functions under section 113CD.]

[F389(4A)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 [F390the Secretary of State] [F390DBS] [F391or the Disclosure and Barring Service] by reason of an inaccuracy in the information made available or provided to [F392him] [F392it] [F393or it] in accordance with this section.

[F394(6)For the purposes of this section references to a police force include any body mentioned in subsections (10)(a) to (i) and (11) of section 113B and references to a chief officer must be construed accordingly.

(7)In the case of such a body the reference in subsection (3) to the appropriate [F395local policing body or] police authority must be construed as a reference to such body as is prescribed.]

[F396(7A)In this section, “independent reviewer” means the independent reviewer appointed under section 12 of the Age of Criminal Responsibility (Scotland) Act 2019.]

[F397(8)In this section a relevant function is a function of [F398the Secretary of State] [F398DBS]

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

[F399(aa)under this Part in relation to any request under section 116A(1);]

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

F400(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)[F401under paragraph 1, 2, 7 or 8 of Schedule 3 to [F402the Safeguarding Vulnerable Groups Act 2006] (considering whether criteria prescribed for the purpose of that paragraph apply to an individual).]]

Textual Amendments

F360Words in s. 119(1)(4) substituted (E.W.N.I.) (19.6.2001) by 2001 c. 16, s. 134(2)(a); S.I. 2001/2223, art. 2(1)(c)

F361Words in s. 119(1) inserted (S.) (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 70(4), 89(2); S.S.I. 2003/288, art. 2, sch.

F363Words in s. 119(1) substituted (E.W.N.I.) (12.10.2009 for E.W., 12.10.2009 for N.I.) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 14(7)(a) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2610, art. 2(a) (with arts. 4-23); S.I. 2009/2611, art. 2, Sch.

F365S. 119(1A) substituted (10.9.2012 for E.W.N.I.) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 118; S.I. 2012/2235, art. 2(c)

F374Words in s. 119(2) repealed (E.W.N.I.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 40(2), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(i)

F381Words in s. 119(3) substituted (1.7.2005 for E.W., 1.4.2006 for S., 1.4.2008 for N.I.) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 165(1)(a), 178(4)(d)(8); S.I. 2005/1521, art. 3(3)(b); S.S.I. 2006/166, art. 2(1)(c); S.I. 2008/697, art. 2(c)

F383Words in s. 119(3) substituted (E.W.N.I.) (19.6.2001) by 2001 c. 16, s. 134(2)(c); S.I. 2001/2223, art. 2(1)(c)

F397S. 119(8) inserted (E.W.N.I.) (12.10.2009 for E.W., 12.10.2009 for N.I.) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 14(7)(d) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2610, art. 2(a) (with arts. 4-23); S.I. 2009/2611, art. 2, Sch.

F400S. 119(8)(c) repealed (E.W.N.I.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 40(3)(a), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(i)

F402Words in s. 119(8)(d) substituted (E.W.N.I.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 40(3)(b), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(i)

Modifications etc. (not altering text)

C41S. 119 modified (temp.) (N.I.) (with application in accordance with arts. 2, 5 of the amending Order) by Safeguarding Vulnerable Groups (Regulated Activity, Transitional Provisions and Commencement No. 4) Order (Northern Ireland) 2009 (S.R. 2009/304), art. 8

Commencement Information

I15S. 119 in force at 1.3.2002 for E.W. by S.I. 2002/413, art. 2

S. 119 in force at 25.4.2002 for S. by S.S.I. 2002/124, art. 4

I16S. 119 in force at 1.4.2008 for N.I. by S.I. 2008/692, art. 2(k)

[F403119AFurther sources of information: ScotlandU.K.

(1)Any person who holds, in Scotland, records of convictions [F404or 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 [F405, 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 F406... .

(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.]

[F407119BIndependent monitorE+W+N.I.

(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.

[F408(4A)Before appointing a person to be the independent monitor, or terminating the appointment of the independent monitor, the Secretary of State must consult the Department of Justice in Northern Ireland.]

(5)The independent monitor must review—

F409(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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) [F410or disclosed in pursuance of section 113B(5)(c) and (6)(b)];

[F411(ca)a sample of cases in which the chief officer of a police force has decided that information should be disclosed or not disclosed to [F412DBS] for the purpose of the provision by [F412DBS] of up-date information under section 116A.]

F413(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F413(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

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

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

[F414(8A)The independent monitor has the functions conferred on the monitor by section 117A.]

[F415(8A)The independent monitor has the functions conferred on the monitor by section 117A.]

(9)The chief officer of a police force must provide to the independent monitor such information as the monitor reasonably requires in connection with the exercise of his functions under this section [F416or section 117A].]

Textual Amendments

F409S. 119B(5)(a) repealed (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 111(2), Sch. 10 Pt. 6 (with s. 97); S.I. 2012/2234, art. 2(aa)(cc)(ix); and repealed (N.I.) (2.11.2015) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 5 para. 9(2), Sch. 9 Pt. 3; S.R. 2015/358, art. 2(m)(iv)

F410Words in s. 119B(5)(c) repealed (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 111(3), Sch. 10 Pt. 6 (with s. 97); S.I. 2012/2234, art. 2(aa)(cc)(ix)

F412Word in s. 119B(5)(ca) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(l) (with Pt. 4)

F413S. 119B(5)(d)(e) repealed (E.W.N.I.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 41, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(i)

F414S. 119B(8A) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 111(5) (with s. 97); S.I. 2012/2234, art. 2(aa)(ix)

F416Words in s. 119B(9) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 111(6) (with s. 97); S.I. 2012/2234, art. 2(aa)(ix); and inserted (N.I.) (2.11.2015) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 5 para. 9(6); S.R. 2015/358, art. 2(m)(iv)

120 Registered persons.E+W

(1)For the purposes of this Part a registered person is a person who is listed in a register to be maintained by [F417DBS] for the purposes of this Part.

[F418(2)[F419DBS] shall include in the register any person who—

(a)applies to [F420it] in writing to be registered, [F421and]

(b)satisfies the conditions in subsections (4) to (6), F422...

F422(c)...]

[F423(2A)Subsection (2) is subject to—

(a)regulations under section 120ZA,

(b)section 120A, and

(c)section 120AA and regulations made under that section.]

F424(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)A person applying for registration under this section must be—

(a)a body corporate or unincorporate,

(b)a person [F425who is] appointed to an office by virtue of any enactment [F426and who, in the case of an individual, is aged 18 or over], or

(c)an individual [F427aged 18 or over] who employs others in the course of a business.

(5)A body applying for registration under this section must satisfy [F428DBS] that it—

(a)is likely to ask exempted questions, or

(b)is likely to [F429act as the registered person in relation to] applications under section [F430113A 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 [F431DBS] that he is likely to ask exempted questions.

(7)In this section “exempted question” has the same meaning as in section [F432113A].

Extent Information

E3This version of this provision extends to England and Wales only; separate versions have been created for Scotland and Northern Ireland only

Textual Amendments

F421Word in s. 120(2)(a) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 112(2)(b) (with s. 97); S.I. 2012/2234, art. 2(aa)(x)

F422S. 120(2)(c) and word repealed (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 112(2)(c), Sch. 10 Pt. 6 (with s. 97); S.I. 2012/2234, art. 2(aa)(cc)(x)

F423S. 120(2A) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 112(3) (with s. 97); S.I. 2012/2234, art. 2(aa)(x)

F425Words in s. 120(4)(b) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 80(2)(a)(i), 120 (with s. 97); S.I. 2012/2234, art. 2(s) (with art. 5)

F426Words in s. 120(4)(b) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 80(2)(a)(ii), 120 (with s. 97); S.I. 2012/2234, art. 2(s) (with art. 5)

F427Words in s. 120(4)(c) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 80(2)(b), 120 (with s. 97); S.I. 2012/2234, art. 2(s) (with art. 5)

F430Words in s. 120(5)(b) substituted (1.4.2006 for S., 6.4.2006 for E.W., 3.12.2007 for N.I.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(4)(e)(8), Sch. 14 para. 6(b); S.S.I. 2006/166, art. 2(1)(e); S.I. 2006/378, art. 7(c); S.I. 2007/3341, art. 2(d)

Commencement Information

I17S. 120(3) in force for E.W. at 19.3.2001 and s. 120(1)(2)(4)-(7) in force for E.W. at 1.5.2001 by S.I. 2001/1097, art. 2

S. 120(3) in force for S. at 1.1.2002 and s. 120(1)(2)(4)-(7) in force for S. at 1.2.2002 by S.S.I. 2001/482, art. 2

[F524120 Registered persons.S

(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 [F822section 120A and] regulations under subsection (3), the Secretary of State shall include in the register any person who applies to him F823... 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,

[F824(aa)the nomination by—

(i)a body corporate or unincorporate; or

(ii)a person appointed to an office by virtue of an enactment,

whether that body or person is registered or applying to be registered, of an individual to act for it or, as the case may be, him in relation to the countersigning of applications under this Part;

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

(ac)as to the period which must elapse before any person refused registration or removed from the register may apply to be included in the register;]

(b)the removal from the register of persons who are, in the opinion of the Secretary of State, no longer likely to wish to countersign applications under section [F825113A 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 [F430113A 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 [F432113A].]

Extent Information

E13This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland only

Textual Amendments

F430Words in s. 120(5)(b) substituted (1.4.2006 for S., 6.4.2006 for E.W., 3.12.2007 for N.I.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(4)(e)(8), Sch. 14 para. 6(b); S.S.I. 2006/166, art. 2(1)(e); S.I. 2006/378, art. 7(c); S.I. 2007/3341, art. 2(d)

F524Ss. 124A, 124B inserted (S.) (1.4.2006 for the insertion of s. 124A) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 70(8), 89(2); S.S.I. 2006/168, art. 2

Commencement Information

I56S. 120(3) in force at 19.3.2001 for E.W. and s. 120(1)(2)(4)-(7) in force at 1.5.2001 for E.W. by S.I. 2001/1097, art. 2

S. 120(3) in force at 1.1.2002 for S. and s. 120(1)(2)(4)-(7) in force at 1.2.2002 for S. by S.S.I. 2001/482, art. 2

120 Registered persons.N.I.

(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.

[F418(2)[F826The ] Secretary of State shall include in the register any person who—

(a)applies to him in writing to be registered, [F827 and ]

(b)satisfies the conditions in subsections (4) to (6),F828...

F828(c)...]

[F829(2A)Subsection (2) is subject to—

(a)regulations under section 120ZA,

(b)section 120A, and

(c)section 120AA and regulations made under that section.]

F424( 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.

[F830(4A)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 [F831 act as the registered person in relation to ] applications under section [F430 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 [F432113A] .

Extent Information

E14This version of this provision extends to Northern Ireland only; separate versions have been created for England and Wales and Scotland only

Textual Amendments

F430Words in s. 120(5)(b) substituted (1.4.2006 for S., 6.4.2006 for E.W., 3.12.2007 for N.I.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(4)(e)(8), Sch. 14 para. 6(b); S.S.I. 2006/166, art. 2(1)(e); S.I. 2006/378, art. 7(c); S.I. 2007/3341, art. 2(d)

Commencement Information

I57S. 120 in force at 3.12.2007 for N.I. by S.I. 2007/3342, art. 2(a)

[F433120ZARegulations about registrationE+W

(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 [F434or the transmitting of applications under section 113A(2A) or 113B(2A)], and

(e)the refusal by [F435the Secretary of State] [F435DBS], 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 [F436the Secretary of State] [F436DBS] thinks fit, and

(b)for [F436the Secretary of State] [F436DBS] 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 [F437acting 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 [F438113A or 113B] to be transmitted by electronic means to [F439the Secretary of State] [F439DBS] by the [F440person who acts as the registered person in relation to the application], and

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

Textual Amendments

F438Words in s. 120ZA(4)(b) substituted (6.4.2006 for E.W., 3.12.2007 for N.I.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(4)(e)(8), Sch. 14 para. 7; S.S.I. 2006/166, art. 2(1)(e); S.I. 2006/378, art. 7(c); S.I. 2007/3341, art. 2(d)

Commencement Information

I18S. 120ZA in force at 3.12.2007 for N.I. by S.I. 2007/3342, art. 2(b)

[F441120ZBRegulations about registrationS

(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.

[F442(2A)The provision which may be made by virtue of subsection (2)(a) includes in particular provision for—

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

(b)the payment of different fees in different circumstances,

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

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

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

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

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

(b)for the Scottish Ministers to vary or revoke those conditions.

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

(a)countersigning applications under section 113A or 113B; or

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

[F443120A Refusal and cancellation of registration [F444on grounds related to disclosure] E+W

(1)[F445DBS] may refuse to include a person in the register maintained for the purposes of this Part if it appears to [F446it] that the registration of that person is likely to make it possible for information to become available to an individual who, in [F445DBS's] opinion, is not a suitable person to have access to that information.

(2)[F447DBS] may remove a person from the register if it appears to [F447DBS]

(a)that the registration of that person is likely to make it possible for information to become available to an individual who, in [F447DBS's] opinion, is not a suitable person to have access to that information; or

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

(3)In determining for the purposes of this section whether an individual is a suitable person to have access to any information, [F448DBS] may have regard, in particular, to—

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

[F449(b)any information relating to the person of a kind specified in subsection (3A);]

(c)any information provided to [F448DBS] under subsection (4).

[F450(3A)The information is—

(a)whether the person is barred from regulated activity;

F451(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F451(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F452(3B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F452(3C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3D)Expressions used in [F453subsection (3A)] and in the Safeguarding Vulnerable Groups Act 2006 have the same meaning in [F454that subsection] as in that Act F455....]

(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 [F456DBS] to provide [F456DBS] 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 [F457a 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 [F456DBS] has notified to the chief officer to be a matter which, in the opinion of [F456DBS], is relevant to the determination of the suitability of individuals for having access to the information that may be provided in consequence of [F458a 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 [F459113A].

[F460(6)For the purposes of this section references to a police force include any body mentioned in subsections (10)(a) to (i) and (11) of section 113B and references to a chief officer must be construed accordingly.]

[F461(7)The Secretary of State may by order made by statutory instrument amend subsection (3A) for the purpose of altering the information specified in that subsection.

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

Extent Information

E4This version of this provision extends to England and Wales only; separate versions have been created for Scotland and Northern Ireland only

Textual Amendments

F443S. 120A inserted (E.W.N.I.) (19.6.2001) by 2001 c. 16, s. 134(1); S.I. 2001/2223, art. 2(1)(c)

F444Words in s. 120A inserted (6.4.2006 for E.W., 3.12.2007 for N.I.) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 35 para. 8; S.I. 2006/751, art. 2(c)(ii); S.I. 2007/3340, art. 2(b)

F449S. 120A(3)(b) substituted (10.9.2012 for E.W.N.I.) by Policing and Crime Act 2009 (c. 26), ss. 96(2), 116(1); S.I. 2012/2235, art. 2(a)

F450S. 120A(3A)-(3D) inserted (10.9.2012 for E.W.N.I.) by Policing and Crime Act 2009 (c. 26), ss. 96(3), 116(1); S.I. 2012/2235, art. 2(a)

F451S. 120A(3A)(b)(c) repealed (E.W.N.I.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 42(2), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(i)

F452S. 120A(3B)(3C) repealed (E.W.N.I.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 42(3), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(i)

F453Words in s. 120A(3D) substituted (E.W.N.I.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 42(4)(a) (with s. 97); S.I. 2012/2234, art. 2(aa)(i)

F454Words in s. 120A(3D) substituted (E.W.N.I.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 42(4)(b) (with s. 97); S.I. 2012/2234, art. 2(aa)(i)

F455Words in s. 120A(3D) repealed (E.W.N.I.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 42(4)(c), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(i)

F461S. 120A(7)(8) inserted (10.9.2012 for E.W.N.I.) by Policing and Crime Act 2009 (c. 26), ss. 96(4), 116(1); S.I. 2012/2235, art. 2(a)

Modifications etc. (not altering text)

C42S. 120A modified (temp.) (N.I.) (with application in accordance with arts. 2, 5 of the amending Order) by Safeguarding Vulnerable Groups (Regulated Activity, Transitional Provisions and Commencement No. 4) Order (Northern Ireland) 2009 (S.R. 2009/304), art. 9

C43S. 120A(3) applied (13.8.2001) by S.I. 2001/1194, reg. 3A(4) (as inserted by S.I. 2001/2498, reg. 2(3))

Commencement Information

I19S. 120A in force at 3.12.2007 for N.I. by S.I. 2007/3342, art. 2(c)

[F524[F832120ARefusal and cancellation of registration: ScotlandS

(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 [F833113A]);

(b)whether that person is included in any list mentioned in section [F834113C(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 [F835such fee as they consider appropriate].

[F836(6)For the purposes of this section references to a police force include any body mentioned in subsections (10)(a) to (i) and (11) of section 113B and references to a chief officer must be construed accordingly.]

[F837(7)In the case of such a body the reference in subsection (5) to a police authority must be construed as a reference to such body as is prescribed.]]]

Extent Information

E15This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F524Ss. 124A, 124B inserted (S.) (1.4.2006 for the insertion of s. 124A) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 70(8), 89(2); S.S.I. 2006/168, art. 2

Modifications etc. (not altering text)

[F443120A Refusal and cancellation of registration [F444on grounds related to disclosure] N.I.

(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.

(3)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;

[F449(b)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).

[F450(3A)The information is—

(a)whether the person is barred from regulated activity;

F451(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F451(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F452(3B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F452(3C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3D)Expressions used in [F453subsection (3A)] and in the Safeguarding Vulnerable Groups Act 2006 have the same meaning in [F454that subsection] as in that Act F455....]

(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 [F838 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 [F839 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 [F459113A].

[F460(6)For the purposes of this section references to a police force include any body mentioned in subsections (10)(a) to (i) and (11) of section 113B and references to a chief officer must be construed accordingly.]

[F461(7)The Secretary of State may by order made by statutory instrument amend subsection (3A) for the purpose of altering the information specified in that subsection.

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

Extent Information

E4This version of this provision extends to England and Wales only; separate versions have been created for Scotland and Northern Ireland only

Textual Amendments

F443S. 120A inserted (E.W.N.I.) (19.6.2001) by 2001 c. 16, s. 134(1); S.I. 2001/2223, art. 2(1)(c)

F444Words in s. 120A inserted (6.4.2006 for E.W., 3.12.2007 for N.I.) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 35 para. 8; S.I. 2006/751, art. 2(c)(ii); S.I. 2007/3340, art. 2(b)

F449S. 120A(3)(b) substituted (10.9.2012 for E.W.N.I.) by Policing and Crime Act 2009 (c. 26), ss. 96(2), 116(1); S.I. 2012/2235, art. 2(a)

F450S. 120A(3A)-(3D) inserted (10.9.2012 for E.W.N.I.) by Policing and Crime Act 2009 (c. 26), ss. 96(3), 116(1); S.I. 2012/2235, art. 2(a)

F451S. 120A(3A)(b)(c) repealed (E.W.N.I.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 42(2), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(i)

F452S. 120A(3B)(3C) repealed (E.W.N.I.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 42(3), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(i)

F453Words in s. 120A(3D) substituted (E.W.N.I.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 42(4)(a) (with s. 97); S.I. 2012/2234, art. 2(aa)(i)

F454Words in s. 120A(3D) substituted (E.W.N.I.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 42(4)(b) (with s. 97); S.I. 2012/2234, art. 2(aa)(i)

F455Words in s. 120A(3D) repealed (E.W.N.I.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 42(4)(c), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(i)

F461S. 120A(7)(8) inserted (10.9.2012 for E.W.N.I.) by Policing and Crime Act 2009 (c. 26), ss. 96(4), 116(1); S.I. 2012/2235, art. 2(a)

F838Words in s. 120A(4)(b)(iii) substituted (N.I.) (2.11.2015) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 5 para. 12(a); S.R. 2015/358, art. 2(m)(i)

Modifications etc. (not altering text)

C42S. 120A modified (temp.) (N.I.) (with application in accordance with arts. 2, 5 of the amending Order) by Safeguarding Vulnerable Groups (Regulated Activity, Transitional Provisions and Commencement No. 4) Order (Northern Ireland) 2009 (S.R. 2009/304), art. 9

C43S. 120A(3) applied (13.8.2001) by S.I. 2001/1194, reg. 3A(4) (as inserted by S.I. 2001/2498, reg. 2(3))

Commencement Information

I19S. 120A in force at 3.12.2007 for N.I. by S.I. 2007/3342, art. 2(c)

[F462120AARefusal, cancellation or suspension of registration on other groundsE+W

(1)Regulations may make provision enabling [F463DBS] in prescribed cases to refuse to register a person who, in the opinion of [F463DBS], is likely to [F464act 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 [F465DBS], no longer likely to wish to [F466act as the registered person in relation to] applications under this Part,

(b)has, in any period of twelve months during which he was registered, [F467acted 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, [F468DBS] may—

(a)suspend that person’s registration for such period not exceeding 6 months as [F468DBS] thinks fit, or

(b)remove that person from the register.

[F469(4)Subsection (6) applies if an application is made under section 120 by an individual who—

(a)has previously been a registered person; and

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

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

(a)has previously been a registered person; and

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

(6)[F470DBS] may refuse the application.]

Extent Information

E5This version of this provision extends to England and Wales only; a separate version has been created for Northern Ireland only

Textual Amendments

F462Ss. 120AA, 120AB inserted (6.4.2006 for E.W., 3.12.2007 for N.I.) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 35 para. 9; S.I. 2006/751, art. 2(c)(ii); S.I. 2007/3340, art. 2(b)

F469S. 120AA(4)-(6) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 81, 120 (with s. 97); S.I. 2012/2234, art. 2(t)

Commencement Information

I20S. 120AA in force at 3.12.2007 for N.I. by S.I. 2007/3342, art. 2(d)

[F462120AARefusal, cancellation or suspension of registration on other groundsN.I.

(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 [F840 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 [F841act as the registered person in relation to ] applications under this Part,

(b) has, in any period of twelve months during which he was registered, [F842 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.

[F843(4)Subsection (6) applies if an application is made under section 120 by an individual who—

(a)has previously been a registered person; and

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

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

(a)has previously been a registered person; and

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

(6)The Department may refuse the application.]]

Extent Information

E16This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales only

Textual Amendments

F462Ss. 120AA, 120AB inserted (6.4.2006 for E.W., 3.12.2007 for N.I.) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 35 para. 9; S.I. 2006/751, art. 2(c)(ii); S.I. 2007/3340, art. 2(b)

Commencement Information

I20S. 120AA in force at 3.12.2007 for N.I. by S.I. 2007/3342, art. 2(d)

120ABProcedure for cancellation or suspension under section 120AAU.K.

(1)Before cancelling or suspending a person’s registration by virtue of section 120AA, [F471the Secretary of State][F471DBS] must send [F472him][F472its] written notice of his intention to do so.

(2)Every such notice must—

(a)give [F473the Secretary of State’s][F473DBS'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 [F474the Secretary of State][F474DBS] as to why the registration should not be cancelled or suspended.

(4)After considering such representations, [F475the Secretary of State][F475DBS] 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 [F476he][F476it] does not propose to take any further action.

(5)If no representations are received within the period mentioned in subsection (3) [F477the Secretary of State][F477DBS] may cancel or suspend the person’s registration at the end of the period mentioned in that subsection.

(6)Subsection (1) does not prevent [F478the Secretary of State][F478DBS] 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)[F479the Secretary of State][F479DBS] 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 [F480acting as the registered person in relation to] applications under this Part, or

(b)the registered person has requested to be removed from the register.

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

Textual Amendments

F462Ss. 120AA, 120AB inserted (6.4.2006 for E.W., 3.12.2007 for N.I.) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 35 para. 9; S.I. 2006/751, art. 2(c)(ii); S.I. 2007/3340, art. 2(b)

Commencement Information

I21S. 120AB in force at 3.12.2007 for N.I. by S.I. 2007/3342, art. 2(e)

[F481120ACRegistered persons: information on progress of an applicationE+W

(1)[F482DBS] 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, [F483DBS] 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,

[F484DBS] may inform the person who made the request that the certificate was such a certificate.

(5)If no certificate has been issued, [F485DBS] must inform the person who made the request of such other matters relating to the processing of the application as [F485DBS] considers appropriate.

(6)Subject to subsections (2) to (4), nothing in this section permits [F486DBS] 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)[F487DBS] 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—

(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.

Extent Information

E6This version of this provision extends to England and Wales only; a separate version has been created for Northern Ireland only

Textual Amendments

F481Ss. 120AC, 120AD inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) for specified purposes) by Protection of Freedoms Act 2012 (c. 9), ss. 79(3), 120 (with s. 97); S.I. 2012/2234, art. 2(r)

[F844120ACRegistered persons: information on progress of an applicationN.I.

(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—

(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.]

Extent Information

E17This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales only

Textual Amendments

F844Ss. 120AC, 120AD inserted (N.I) (2.11.2015 for the insertion of s. 120AC) by Justice Act (Northern Ireland) 2015 (c. 9), ss. 37(2), 106(2); S.R. 2015/358, art. 2(b)

120ADRegistered persons: copies of certificates in certain circumstancesE+W

(1)Subsection (2) applies if—

(a)[F488DBS] 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)[F489DBS] 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 [F489DBS] under section 113A(2A) or 113B(2A),

(b)has informed [F489DBS] 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.]

Extent Information

E6This version of this provision extends to England and Wales only; a separate version has been created for Northern Ireland only

Textual Amendments

F481Ss. 120AC, 120AD inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) for specified purposes) by Protection of Freedoms Act 2012 (c. 9), ss. 79(3), 120 (with s. 97); S.I. 2012/2234, art. 2(r)

[F844120ADRegistered persons: copies of certificates in certain circumstancesN.I.

(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.]

Extent Information

E17This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales only

Textual Amendments

F844Ss. 120AC, 120AD inserted (N.I) (2.11.2015 for the insertion of s. 120AC) by Justice Act (Northern Ireland) 2015 (c. 9), ss. 37(2), 106(2); S.R. 2015/358, art. 2(b)

121 Performance by constables on central service in Scotland of functions under this Part.U.K.

[F490In Scotland a constable engaged on central service (within the meaning of section 38 of the M8Police (Scotland) Act 1967) may perform functions under this Part (other than functions [F491 in relation to the making of regulations or orders]) on behalf of the Secretary of State; and without prejudice to the application of subsection (5) of section 119 in respect of any other person performing functions on behalf of the Secretary of State, that subsection shall apply in respect of any constable performing functions by virtue of this section as the subsection applies in respect of the Secretary of State.]

Textual Amendments

Commencement Information

I22S. 121 in force at 1.3.2002 for E.W. by S.I. 2002/413, art. 2

S. 121 in force at 25.4.2002 for S. by S.S.I. 2002/124, art. 4

Marginal Citations

122 Code of practice.E+W+N.I.

(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 [F492, or the discharge of any function by,] registered persons under this Part.

[F493(1A)The reference in subsection (1) to the use of information provided to registered persons under this Part includes a reference to the use of information provided in accordance with section 116A(1) to relevant persons (within the meaning of that section) who are not registered persons under this Part.]

(2)The Secretary of State shall lay before Parliament the code of practice under this section as soon as practicable after publication and after revision.

(3)[F494Subsection (3A) applies if [F495the Secretary of State] [F495DBS] thinks that the [F496registered person who countersigned] [F496person 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)[F497countersigned] [F497acted as the registered person] at the request of a body which, or individual who, has failed to comply with the code of practice.

[F498(3A)[F499The Secretary of State] [F499DBS] may—

(a)[F500refuse to issue the certificate;]

(b)suspend the registration of the person;

(c)cancel the registration of the person.

(3B)Section 120AB applies if [F501the Secretary of State] [F501DBS] proposes to suspend or cancel a person's registration under subsection (3A) above as it applies if [F502he] [F502it] proposes to suspend or cancel a person's registration by virtue of section 120AA.]

Extent Information

E7This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only

Textual Amendments

F492Words in s. 122(1) inserted (E.W.N.I.) (20.1.2009) by Safeguarding Vulnerable Groups Act 2006 (c. 47), ss. 29(2), 65 (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/39, art. 2(1)(d)

F494Words in s. 122(3) substituted (E.W.N.I.) (20.1.2009) by Safeguarding Vulnerable Groups Act 2006 (c. 47), ss. 29(3), 65 (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/39, art. 2(1)(d)

F498S. 122(3A)(3B) inserted (E.W.N.I.) (20.1.2009) by Safeguarding Vulnerable Groups Act 2006 (c. 47), ss. 29(4), 65 (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/39, art. 2(1)(d)

Commencement Information

I23S. 122(1)(2) in force at 19.3.2001 for E.W. by S.I. 2001/1097, art. 2(1); s. 122(3) in force at 1.3.2002 for E.W. by S.I. 2002/413, art. 2

S. 122(1)(2) in force at 1.1.2002 for S. by S.S.I. 2001/482, art. 2(1); s. 122(3) in force at 25.4.2002 for S. by S.S.I. 2002/124, art. 4

I24S. 122 in force at 3.12.2007 for N.I. by S.I. 2007/3342, art. 2(f)

[F524122 Code of practice.S

(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 [F845, 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 [F846113A or 113B] [F847, 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 [F848or, 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 [F849or, 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.

[F850(4)Where the Scottish Ministers have reason to believe that—

(a)a registered person; or

(b)a body or individual at whose request a registered person

[F851(i)]has countersigned or is likely to countersign an application under section [F852113A or 113B] [F853; or

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

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

Extent Information

E18This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland only

Textual Amendments

F524Ss. 124A, 124B inserted (S.) (1.4.2006 for the insertion of s. 124A) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 70(8), 89(2); S.S.I. 2006/168, art. 2

F851S. 122(4)(b)(i): words in s. 122(4)(b) renumbered as s. 122(4)(b)(i) (S.) (28.2.2011) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), s. 101(2), sch. 4 para. 39(b)(i) (with ss. 90, 99); S.S.I. 2011/157, art. 2(a) (with art. 4)

Commencement Information

I23S. 122(1)(2) in force at 19.3.2001 for E.W. by S.I. 2001/1097, art. 2(1); s. 122(3) in force at 1.3.2002 for E.W. by S.I. 2002/413, art. 2

S. 122(1)(2) in force at 1.1.2002 for S. by S.S.I. 2001/482, art. 2(1); s. 122(3) in force at 25.4.2002 for S. by S.S.I. 2002/124, art. 4

I24S. 122 in force at 3.12.2007 for N.I. by S.I. 2007/3342, art. 2(f)

[F503122ADelegation of functions of Secretary of StateE+W+N.I.

[F504(1)The Secretary of State may, to such extent and subject to such conditions as he thinks fit, delegate any relevant function of his under this Part to such person as he may determine.

(2)A function is relevant for the purposes of subsection (1) if it does not consist of a power—

(a)to make regulations, or

(b)to publish or revise a code of practice or to lay any such code before Parliament.

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

Textual Amendments

Commencement Information

I25S. 122A in force at 3.12.2007 for N.I. by S.I. 2007/3342, art. 2(g)

[F505122BDelegation of functions of Scottish MinistersS

(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.]

123 Offences: falsification, &c.U.K.

(1)A person commits an offence if, with intent to deceive, he—

(a)makes a false certificate under this Part,

(b)alters a certificate under this Part,

(c)uses a certificate under this Part which relates to another person in a way which suggests that it relates to himself, or

(d)allows a certificate under this Part which relates to him to be used by another person in a way which suggests that it relates to that other person.

(2)A person commits an offence if he knowingly makes a false statement for the purpose of obtaining, or enabling another person to obtain, a certificate under this Part.

(3)A person who is guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.

Commencement Information

I26S. 123 in force at 1.3.2002 for E.W. by S.I. 2002/413, art. 2

S. 123 in force at 25.4.2002 for S. by S.S.I. 2002/124, art. 4

I27S. 123 in force at 3.12.2007 for N.I. by S.I. 2007/3342, art. 2(h)

124 Offences: disclosure.U.K.

(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 [F506113A 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 [F507countersigned] [F507acted as the registered person in relation to] the application, or

(c)to an individual at whose request the registered body [F507countersigned] [F507acted as the registered person in relation to] the relevant application.

(2)Where information is provided under section [F508113A or 113B] following an application [F509countersigned] [F509in 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 [F510113A or 113B] following an application [F511countersigned by or at the request of an individual] [F511in 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 [F512113A 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 [F513(5) or] (6)(a), (d), (e) or (f),

the person to whom the information is disclosed commits an offence (subject to [F514subsections (5) and (6)] [F514subsection (6)]) if he discloses it to any other person.

(5)[F515Subsections (1) to (4) do not apply to a disclosure of information provided in accordance with section [F516113B(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 [F517113A 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 [F518113A]) of a kind specified in regulations made by the Secretary of State, or

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

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

Textual Amendments

F513Words in s. 124(4)(b) repealed (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 115(2)(a), Sch. 10 Pt. 6 (with s. 97); S.I. 2012/2234, art. 2(aa)(cc)(x); and repealed (N.I.) (2.11.2015) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 5 para. 16(5)(a), Sch. 9 Pt. 3; S.R. 2015/358, art. 2(m)(vi)

F515S. 124(5) repealed (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 115(3), Sch. 10 Pt. 6 (with s. 97); S.I. 2012/2234, art. 2(aa)(cc)(x)

F518Word in s. 124(6)(e) substituted (1.4.2006 for S., 6.4.2006 for E.W., 3.12.2007 for N.I.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(4)(e)(8), Sch. 14 para. 12(c); S.S.I. 2006/166, art. 2(1)(e); S.I. 2006/378, art. 7(c); S.I. 2007/3341, art. 2(d)

Commencement Information

I28S. 124 in force at 1.3.2002 for E.W. by S.I. 2002/413, art. 2

S. 124 in force at 25.4.2002 for S. by S.S.I. 2002/124, art. 4

I29S. 124 in force at 3.12.2007 for N.I. by S.I. 2007/3342, art. 2(i)

[F519124AFurther offences: disclosure of information obtained in connection with delegated functionE+W+N.I.

(1)Any person who is engaged in the discharge of functions conferred by this Part on [F520the Secretary of State] [F520DBS] 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 [F520the Secretary of State] [F520DBS], or

(c)to an applicant F521... 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.

[F522(6)For the purposes of this section the reference to a police force includes any body mentioned in subsections (10)(a) to (i) and (11) of section 113B and the reference to a chief officer must be construed accordingly.]

[F523(6A)For the purposes of this section the reference to an applicant includes a person who makes a request under section 116A(1), 120AC(1) or 120AD(2).]]

Extent Information

E8This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only

Textual Amendments

F523S. 124A(6A) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 116(3) (with s. 97); S.I. 2012/2234, art. 2(aa)(xi); and inserted (N.I.) (2.11.2015) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 5 para. 17(3); S.R. 2015/358, art. 2(m)(i)

Commencement Information

I30S. 124A in force at 3.12.2007 for N.I. by S.I. 2007/3342, art. 2(j)

[F524124AReview of certain decisions as to registrationS

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

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

(a)the notice; and

(b)the notification,

to the Secretary of State.

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

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

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

(b)the period within which—

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

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

Extent Information

E19This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F524Ss. 124A, 124B inserted (S.) (1.4.2006 for the insertion of s. 124A) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 70(8), 89(2); S.S.I. 2006/168, art. 2

[F524124BScottish annotated list of certificated personsU.K.

(1)The Scottish Ministers shall maintain an annotated list for the purposes of this Part and shall include in that list all persons to whom a criminal record certificate, or as the case may be an enhanced criminal record certificate, has been issued under any of sections 113 to 116 of this Act.

(2)The Scottish Ministers may make regulations about the maintenance of the list; and such regulations may, in particular, provide for—

(a)the information to be included in the list;

(b)the details to be provided, for the purposes of this section, by persons applying to be issued a criminal record certificate or enhanced criminal record certificate or countersigning any such application;

(c)the procedure to be followed as respects the exercise of such discretion as is afforded them by subsection (3).

(3)The Scottish Ministers may, as respects a person included in the list, if they are satisfied that it is appropriate to do so, notify the registered person who countersigned his application for the certificate in question (or on whose behalf that application was countersigned) or whomever else made the requisite statement which accompanied that application, about any relevant matter relating to the listed person (“relevant matter” having the same meaning as in section 113(5)) of which they become aware after issuing that certificate.

(4)The Scottish Ministers are not to be satisfied as is mentioned in subsection (3) unless they are satisfied that the exempted question for the purpose of which the certificate was required remains relevant for the person to whom notification would, under that subsection, be given.

(5)Regulations under paragraph (c) of subsection (2)—

(a)shall provide for there to be an opportunity for a listed person to make representations as respects whether the Scottish Ministers should be satisfied as is mentioned in subsection (3) and require them to have regard to those representations before giving notification under that subsection; and

(b)may require the person who would receive that notification (not being a person who is a Minister of the Crown) to provide them with such information as is in his possession and to which it would be appropriate for them to have regard as respects the exercise of the discretion mentioned in that paragraph.]

Textual Amendments

F524Ss. 124A, 124B inserted (S.) (1.4.2006 for the insertion of s. 124A) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 70(8), 89(2); S.S.I. 2006/168, art. 2

125 Regulations.U.K.

(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.

[F525(1A)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.

F526(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)A statutory instrument F527... 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.

[F528(6)If the power mentioned in subsection (1) is exercised by the Scottish Ministers, the reference in [F529subsection (3)][F529subsection (4)] to each House of Parliament must be construed as a reference to the Scottish Parliament.]

Textual Amendments

Commencement Information

I31S. 125 in force at 19.3.2001 for E.W. by S.I. 2001/1097, art. 2(1)

S. 125 in force at 1.1.2002 for S. by S.S.I. 2001/482, art. 2(1)

I32S. 125 in force at 3.12.2007 for N.I. by S.I. 2007/3342, art. 2(k)

[F530125AForm of applicationsS

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

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

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

Textual Amendments

[F531125BForm of applicationsE+W+N.I.

(1)[F532The Secretary of State] [F532DBS] 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.

[F533(3)In this section “application” includes a request under section 116A(1), 120AC(1) or 120AD(2).]]

Textual Amendments

F531S. 125B inserted (E.W.N.I.) (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 97(1), 116(1); S.I. 2010/125, art. 2(n)

F533S. 125B(3) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 117 (with s. 97); S.I. 2012/2234, art. 2(aa)(xii); and inserted (N.I.) (2.11.2015 for specified purposes) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 5 para. 18; S.R. 2015/358, art. 2(m)(vii)

126 Interpretation of Part V.U.K.

(1)In this Part—

(2)In the application of this Part to Northern Ireland, a reference to the M9Rehabilitation of Offenders Act 1974, or to a provision of that Act, shall be construed as a reference to the M10Rehabilitation of Offenders (Northern Ireland) Order 1978 or, as the case may be, to the corresponding provision of that order.

[F544(3)In the application of this Part to Northern Ireland a reference to the Safeguarding Vulnerable Groups Act 2006, or to a provision of that Act, shall be construed as a reference to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 or, as the case maybe, to the corresponding provision of that Order.]

[F545(3)In the application of this Part to Scotland references to the Secretary of State must be construed as references to the Scottish Ministers.

(4)Subsection (3) does not apply to section 118(2A)(d) or 124A(1) and (2).]

Textual Amendments

F534Words in s. 126(1) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) for specified purposes, 17.6.2013 in so far as not already in force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 118 (with s. 97); S.I. 2012/2234, art. 2(aa)(xiii); S.I. 2013/1180, art. 2(e)(iv); and inserted (N.I.) (2.11.2015 for specified purposes) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 5 para. 19(2); S.R. 2015/358, art. 2(m)(viii)

F536Words in s. 126(1) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 20(2)(a)(b); S.R. 2001/396, art. 2, Sch.

F538Words in s. 126(1) inserted (N.I.) (2.11.2015 for specified purposes) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 5 para. 19(3); S.R. 2015/358, art. 2(m)(viii)

F541Words in s. 126(1) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 20(3); S.R. 2001/396, art. 2, Sch.

F543Words in s. 126(1) inserted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 11; S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4

Commencement Information

I33S. 126 in force at 1.3.2002 for E.W. by S.I. 2002/413, art. 2

S. 126 in force at 25.4.2002 for S. by S.S.I. 2002/124, art. 4

I34S. 126 in force at 3.12.2007 for N.I. by S.I. 2007/3342, art. 2(l)

Marginal Citations

[F546126ZAProtected convictionsS

(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 8BS

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

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

[F547126APart 5: Modifications for Northern IrelandU.K.

(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)[F548section 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 [F549section 119 or] 119B(2), (4) or (4A),

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

(3)[F550Section 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.]

127 Saving: disclosure of information and records.U.K.

Nothing in sections 112 to 119 shall be taken to prejudice any power which exists apart from this Act to disclose information or to make records available.

Commencement Information

I35S. 127 in force at 1.3.2002 for E.W. by S.I. 2002/413, art. 2

S. 127 in force at 25.4.2002 for S. by S.S.I. 2002/124, art. 4

I36S. 127 in force at 3.12.2007 for N.I. by S.I. 2007/3342, art. 2(m)

Part VIU.K. Miscellaneous

Amendments of Police Act 1996E+W

128 Regulations for special constables and police cadets.E+W

(1)In section 51 of the M11Police Act 1996 (regulations for special constables), after subsection (3) there shall be inserted—

(3A)In relation to any matter as to which provision may be made by regulations under this section, the regulations may—

(a)authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, police authorities, chief officers of police or other persons, or

(b)authorise or require the delegation by any person of functions conferred on that person by or under the regulations..

(2)In section 52 of that Act (regulations for police cadets) after subsection (1) there shall be inserted—

(1A)In relation to any matter as to which provision may be made by regulations under this section, the regulations may—

(a)authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, police authorities, chief officers of police or other persons, or

(b)authorise or require the delegation by any person of functions conferred on that person by or under the regulations..

Marginal Citations

129 Change of name or description of certain police areas.E+W

In Schedule 1 to the Police Act 1996 (police areas for England and Wales except London)—

(a)in the entry in the first column for “Humberside” there shall be substituted “ Humber ”;

(b)in the entry in the second column opposite the name of the Dyfed Powys police area for “Cardiganshire” there shall be substituted “ Ceredigion ”;

(c)for the entry in that column opposite the name of the North Wales police area there shall be substituted—

The counties of the Isle of Anglesey, Gwynedd, Denbighshire and Flintshire and the county boroughs of Conwy and Wrexham.;

(d)in the entry in that column opposite the name of the South Wales police area for “Neath and Port Talbot” there shall be substituted “ Neath Port Talbot ”.

Commencement Information

I37S. 129 partly in force; S. 129 not in force at Royal Assent see s. 135; s.129(b)(c) and (d) in force (25.6.1997) by S.I. 1997/1377, art. 2

Amendments of Police Act (Northern Ireland) 1970N.I.

F551130. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

F552131. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

F553132. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

Prospective

Rehabilitation of OffendersU.K.

133 Rehabilitation of Offenders.U.K.

The following provisions (which restrict the effect of the M12Rehabilitation of Offenders Act 1974 and the M13Rehabilitation of Offenders (Northern Ireland) Order 1978) shall cease to have effect—

(a)section 189 of, and Schedule 14 to, the M14Financial Services Act 1986;

(b)section 95 of the M15Banking Act 1987;

(c)section 39 of the M16Osteopaths Act 1993;

(d)section 19 of the M17National Lottery etc. Act 1993;

(e)section 40 of the M18Chiropractors Act 1994.

Part VIIU.K. General

[F554133A Meaning of “prevention” and “detection”.U.K.

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 [F555that Act].]

Textual Amendments

F554S. 133A inserted (25.9.2000) by 2000 c. 23, s. 82(1), Sch. 4 para. 8(13) (with s. 82(3)); S.I. 2000/2543, art. 2

134 Amendments and repeals.U.K.

(1)Schedule 9 (minor and consequential amendments) shall have effect.

(2)The enactments mentioned in Schedule 10 are hereby repealed to the extent specified in the third column of that Schedule.

Commencement Information

I38S. 134 partly in force; s. 134 not in force at Royal Assent, see s. 135(1); s. 134 in force for certain purposes at: 23.7.1997 by S.I. 1997/1377, art. 4(2)(o); 1.9.1997 by S.I. 1997/1930, art. 2(2)(w); 31.10.1997 by S.I. 1997/2390, art. 2 (with arts. 3-7 (of which arts. 4-7 were revoked (1.4.1998) by S.I. 1998/354, art. 7)); 1.4.1998 by S.I. 1998/354, art. 2; 1.3.2002 for E.W. by S.I. 2002/413, art. 2

135 Commencement.U.K.

(1)The preceding provisions of this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint.

(2)An order under this section may—

(a)appoint different days for different purposes or different areas, and

(b)make transitional provision and savings (including provision modifying this Act).

(3)An order under this section may, in relation to Part I, II or IV make provision—

(a)for the transfer and apportionment of property and for the transfer, apportionment and creation of rights and liabilities;

(b)for the transfer of members of police forces in Great Britain, members of the [F556Police Service of Northern Ireland] and other persons;

(c)for the Secretary of State, or any other person nominated by or in accordance with the order, to determine any matter requiring determination under or in consequence of the order;

(d)as to the payment of fees charged, or expenses incurred, by any person nominated to determine any matter by virtue of paragraph (c).

(4)Any day appointed by an order under this section for the coming into force of section 93, 94 or 95 of this Act shall not be earlier than the day on which a code of practice issued under section 101 comes into operation.

(5)A statutory instrument containing provisions made by virtue of subsection (2)(b) or (3) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Subordinate Legislation Made

P1S. 135 power partly exercised: different dates appointed for specified provisions by S.I. 1997/1377

S. 135 power partly exercised: 22.2.1999 appointed for specified provisions by S.I. 1999/151, art. 2

S. 135 power partly exercised: different dates appointed for specified provisions by S.S.I. 2001/482, art. 2

S. 135 power partly exercised: 1.3.2002 appointed for specified provisions by {S.I. 2002/413}, art. 2

P2S. 135(1)(2)(a) power partly exercised: different dates appointed for specified provisions by {S.S.I. 2002/124}, arts. 3-5

Textual Amendments

136 Police: co-operation on implementation.U.K.

It shall be the duty of police authorities for areas in Great Britain, and the [F557Northern Ireland Policing Board], and their staff to co-operate with each other, and generally to exercise their functions, so as to facilitate the implementation of Parts I and II of this Act and any transfer of property or staff made by an order under section 135.

Textual Amendments

F557Words in s. 136 substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 20(3); S.R. 2001/396, art. 2, Sch.

137 Extent.U.K.

(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;

F558(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F559(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F560(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)sections 128 and 129.

F561(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The amendments in Schedules 6 and 9, and the repeals in Schedule 10, have the same extent as the enactments to which they refer.

138 Short title.U.K.

This Act may be cited as the Police Act 1997.

SCHEDULES

Sections 1(7) and 47(7).

F562 SCHEDULE 1U.K. Appointment of Members of the Service Authorities

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

Sections 1(7) and 47(7).

F562 SCHEDULE 2U.K. Other Provisions about Members of Service Authorities

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

F562 SCHEDULE 2AU.K. Further provisions about Service Authorities

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

Section 17(6).

F563SCHEDULE 3U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Textual Amendments

F563Sch. 3 (paras. 1-5) repealed (1.8.2001) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2001/2223, art. 3(j)(l)(ii)

Section 44(1).

F568SCHEDULE 4U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Textual Amendments

F568Sch. 4 repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)

Section 62(6).

F569SCHEDULE 5E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Textual Amendments

F569Sch. 5 (paras. 1-5) repealed (1.8.2001) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2001/2323, art. 3(l)(ii)

Section 88.

SCHEDULE 6U.K. Application to NCS Service Authority of Local Government Enactments

Local Government Act 1972 (c. 70)U.K.

1U.K.F574. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F574Sch. 6 para. 1 repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4); and that same provision expressed to be repealed by 2000 c. 22, ss. 107(2), 108(3)(c)(vii), Sch. 6

2U.K.F575. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F575Sch. 6 para. 2 repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4); and that same provision expressed to be repealed by 2000 c. 22, ss. 107(2), 108(3)(c)(vii), Sch. 6

3U.K.F576. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F576Sch. 6 (other than paras. 5(1)(2), 6(1)(2)(3)(a)(c), 7, 29) repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)

4U.K.F577. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F577Sch. 6 (other than paras. 5(1)(2), 6(1)(2)(3)(a)(c), 7, 29) repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)

5(1)Section 107 (application to police authorities of provisions relating to the discharge of functions by local authorities) shall be amended as follows.U.K.

(2)In subsection (7) for “(a) and (b)” there shall be substituted “ (a), (aa) and (b) ”.

(3)F578. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F578Sch. 6 (other than paras. 5(1)(2), 6(1)(2)(3)(a)(c), 7, 29) repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)

6(1)Section 146A (application to police authorities of miscellaneous powers of local authorities) shall be amended as follows.U.K.

(2)In subsection (1)—

(a)for “subsection (1A)” there shall be substituted “ subsections (1A) and (1AA) ”, and

(b)for “shall be” there shall be substituted “ and the Service Authority for the National Crime Squad shall each be ”.

(3)In subsection (1A)—

(a)for “A” there shall be substituted “ Neither a ”,

(b)F579. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)the word “not” shall be omitted.

(4)F579. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F579Sch. 6 (other than paras. 5(1)(2), 6(1)(2)(3)(a)(c), 7, 29) repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)

Commencement Information

I39Sch. 6 para. 6 wholly in force at 31.10.1997; Sch. 6 para. 6 not in force at Royal Assent, see s. 135; Sch. 6 para. 6 in force at 31.10.1997 by S.I. 1997/2390, art. 2 (with arts. 3-7 (of which arts. 4-7 were revoked (1.4.1998) by S.I. 1998/354, art. 7))

7U.K.In section 223 (appearance of local authorities in legal proceedings), in subsection (2), after “1996” there shall be inserted “ and the Service Authority for the National Crime Squad ”.

8U.K.F580. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F580Sch. 6 (other than paras. 5(1)(2), 6(1)(2)(3)(a)(c), 7, 29) repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)

9U.K.F581. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F581Sch. 6 (other than paras. 5(1)(2), 6(1)(2)(3)(a)(c), 7, 29) repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)

10U.K.F582. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F582Sch. 6 (other than paras. 5(1)(2), 6(1)(2)(3)(a)(c), 7, 29) repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)

Local Government Act 1974 (c. 7)U.K.

11U.K.F583. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F583Sch. 6 (other than paras. 5(1)(2), 6(1)(2)(3)(a)(c), 7, 29) repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)

Local Government (Miscellaneous Provisions) Act 1976 (c. 57)U.K.

12U.K.F584. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F584Sch. 6 (other than paras. 5(1)(2), 6(1)(2)(3)(a)(c), 7, 29) repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)

13U.K.F585. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F585Sch. 6 (other than paras. 5(1)(2), 6(1)(2)(3)(a)(c), 7, 29) repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)

Local Government, Planning and Land Act 1980 (c. 65)U.K.

14U.K.F586. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F586Sch. 6 (other than paras. 5(1)(2), 6(1)(2)(3)(a)(c), 7, 29) repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)

15U.K.F587. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F587Sch. 6 (other than paras. 5(1)(2), 6(1)(2)(3)(a)(c), 7, 29) repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)

16U.K.F588. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F588Sch. 6 (other than paras. 5(1)(2), 6(1)(2)(3)(a)(c), 7, 29) repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)

Local Government (Miscellaneous Provisions) Act 1982 (c. 30)U.K.

17U.K.F589. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F589Sch. 6 (other than paras. 5(1)(2), 6(1)(2)(3)(a)(c), 7, 29) repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)

18U.K.F590. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F590Sch. 6 (other than paras. 5(1)(2), 6(1)(2)(3)(a)(c), 7, 29) repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)

Local Government Finance Act 1982 (c. 32)U.K.

F59119U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F591Sch. 6 para. 19 repealed (11.9.1998 for E.W., 1.4.2002 otherwise) by 1998 c. 18, ss. 54(3), 55(2), Sch. 5 and 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)

F59220U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F592Sch. 6 para. 20 repealed (11.9.1998 for E.W., 1.4.2002 otherwise) by 1998 c. 18, ss. 54(3), 55(2), Sch. 5 and 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)

F59321U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F593Sch. 6 para. 21 repealed (11.9.1998 for E.W., 1.4.2002 otherwise) by 1998 c. 18, ss. 54(3), 55(2), Sch. 5 and 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)

F59422U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F594Sch. 6 para. 22 repealed (11.9.1998 for E.W., 1.4.2002 otherwise) by 1998 c. 18, ss. 54(3), 55(2), Sch. 5 and 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)

Local Government Act 1986 (c. 10)U.K.

23U.K.F595. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F595Sch. 6 (other than paras. 5(1)(2), 6(1)(2)(3)(a)(c), 7, 29) repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)

24U.K.F596. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F596Sch. 6 (other than paras. 5(1)(2), 6(1)(2)(3)(a)(c), 7, 29) repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)

Prospective

Local Government Act 1988 (c. 9)U.K.

25U.K.F597. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F597Sch. 6 (other than paras. 5(1)(2), 6(1)(2)(3)(a)(c), 7, 29) repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)

26U.K.F598. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F598Sch. 6 (other than paras. 5(1)(2), 6(1)(2)(3)(a)(c), 7, 29) repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)

Local Government Finance Act 1988 (c. 41)U.K.

27U.K.F599. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F599Sch. 6 (other than paras. 5(1)(2), 6(1)(2)(3)(a)(c), 7, 29) repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)

28U.K.F600. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F600Sch. 6 (other than paras. 5(1)(2), 6(1)(2)(3)(a)(c), 7, 29) repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)

Local Government and Housing Act 1989 (c. 42)U.K.

29U.K.In section 21 of the Local Government and Housing Act 1989, in subsection (1) (definition of local authority for purposes of various provisions relating to their members, officers, staff and committees etc.), in paragraph (g), after “1996” there shall be inserted “ or the Service Authority for the National Crime Squad ”.

Commencement Information

I40Sch. 6 para. 29 wholly in force at 31.10.1997; Sch. 6 para. 29 not in force at Royal Assent, see s. 135; Sch. 6 para. 29 in force at 31.10.1997 by S.I. 1997/2390, art. 2 (with arts. 3-7 (of which arts. 4-7 were revoked (1.4.1998) by S.I. 1998/354, art. 7))

30U.K.F601. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F601Sch. 6 (other than paras. 5(1)(2), 6(1)(2)(3)(a)(c), 7, 29) repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)

31U.K.F602. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F602Sch. 6 (other than paras. 5(1)(2), 6(1)(2)(3)(a)(c), 7, 29) repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)

32U.K.F603. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F603Sch. 6 (other than paras. 5(1)(2), 6(1)(2)(3)(a)(c), 7, 29) repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)

F604SCHEDULE 7U.K.

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

Textual Amendments

F604Sch. 7 repealed (25.9.2000) by 2000 c. 23, ss. 70(2)(c), 82(2), Sch. 5 (with s. 82(3)); S.I. 2000/2543, art. 2 (and by art. 6(1) of that S.I. the repeal is expressed to be brought into force at 2.10.2000 subject to the provisions of art. 6(2)-(5))

Section 109(2).

F606SCHEDULE 8U.K. The Police Information Technology Organisation

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

Textual Amendments

[F607SCHEDULE 8AS[F608Offences which must be disclosed unless a sheriff orders otherwise]

Common law offencesS

1.SAbduction.

2.SAbortion.

3.SAssault to the danger of life.

4.SAssault to severe injury.

5.SAssault with intent to rape or ravish.

6.SAssault with intent to commit the statutory offence of rape.

7.SBestiality.

8.SCruel and unnatural treatment of persons.

9.SCulpable homicide.

[F6099A.SDefeating the ends of justice.]

10.SDrugging.

[F61010A.SEmbezzlement.]

11.SExtortion.

12.SHamesucken.

[F61112A.SHousebreaking with intent to steal.]

F61213.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F61313A.SPerverting the course of justice (by whatever means and however the offence is described), including in particular—

(a)false accusation of a crime,

(b)perjury,

(c)prevarication on oath,

(d)prison breaking,

(e)subornation of perjury.]

F61414.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15.SPlagium.

16.SReset of plagium.

[F61516A.SRobbery.

16B.SWilful fire-raising.]

F61617.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F61718.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Statutory offencesS

Armed forcesS

19.An offence under section 42 of the Armed Forces Act 2006 (criminal conduct) where the corresponding offence under the law of England and Wales is, or corresponds to, an offence listed in this schedule.

Aviation [F618, spaceflight] and maritimeS

F61920.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F61921.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F61921A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F61922.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F61923.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

BriberyS

[F62023A.An offence under the Bribery Act 2010.]

ChildrenS

24.An offence under section 12 of the Children and Young Persons (Scotland) Act 1937 (cruelty to persons under 16).

Computer misuseS

[F62124A.An offence under section 3ZA of the Computer Misuse Act 1990 (unauthorised acts causing, or creating risk of, serious damage).

Domestic abuseS

24B.An offence under section 76 of the Serious Crime Act 2015 (controlling or coercive behaviour in an intimate or family relationship).

24C.An offence under section 2 of the Domestic Abuse (Scotland) Act 2011 (breach of domestic abuse interdict with power of arrest).

24D.An offence under section 1 of the Domestic Abuse (Scotland) Act 2018 (abusive behaviour towards partner or ex-partner).]

ExplosivesS

25.An offence under the Explosive Substances Act 1883.

False statements and declarationsS

[F62225A.An offence under section 44 of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements and declarations).]

[F62325B.SAn offence under section 1A of the Prevention of Crime Act 1953 (offence of threatening with offensive weapon in public).]

Firearms and other weaponsS

26.An offence under any of the following provisions of the Firearms Act 1968—

(a)section 4 (conversion of weapons);

(b)section 5 (weapons subject to a general prohibition);

(c)section 16 (possession of firearm with intent to injure);

(d)section 16A (possession of firearm with intent to cause fear or violence);

(e)section 17 (use of firearm to resist arrest);

(f)section 18 (carrying firearm with criminal intent);

(g)section 19 (carrying firearm in a public place);

(h)section 20 (trespassing with firearm);

(i)section 21 (possession of firearm by persons previously convicted of crime);

(j)section 24 (supplying firearms to minors);

(k)section 25 (supplying firearm to person drunk or insane);

F624(l). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F625(m). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F626(n). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F627(o). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F628(p). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(q)section 46(5) (power of search with warrant);

(r)section 47 (powers of constables to stop and search); and

(s)section 48 (production of certificates).

27.An offence under the Chemical Weapons Act 1996.

[F62927A.An offence under section 139AA of the Criminal Justice Act 1988 (offence of threatening with article with blade or point or offensive weapon).]

[F63027B.An offence under section 9 of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 (offence of breaching order).]

Forced marriageS

28.An offence under section 122 of the Anti-social Behaviour, Crime and Policing Act 2014 (offence of forced marriage: Scotland).

Fraud and forgeryS

[F63128A.An offence under any of the following provisions of the Forgery and Counterfeiting Act 1981—

(a)Part 1 (forgery and kindred offences),

(b)section 14 (offences of counterfeiting notes and coins),

(c)section 15 (offences of passing etc. counterfeit notes and coins),

(d)section 16 (offences involving custody or control of counterfeit notes and coins),

(e)section 17 (offences involving the making or custody or control of counterfeiting materials and implements).

HarassmentS

28B.An offence under section 234A of the Criminal Procedure (Scotland) Act 1995 (non-harassment orders).

28C.An offence under any of the following provisions of the Protection from Harassment Act 1997—

(a)section 2 (offence of harassment),

(b)section 2A (offence of stalking),

(c)section 4 (putting people in fear of violence),

(d)section 4A (stalking involving fear of violence or serious alarm or distress),

(e)section 9 (breach of non-harassment order).

HealthS

28D.An offence under any of the following provisions of the Health and Care Act 2022—

(a)section 140 (offence of virginity testing: Scotland),

(b)section 141 (offence of offering to carry out virginity testing: Scotland),

(c)section 142 (offence of aiding or abetting etc. a person to carry out virginity testing: Scotland),

(d)section 152 (offence of carrying out hymenoplasty: Scotland),

(e)section 153 (offence of offering to carry out hymenoplasty: Scotland),

(f)section 154 (offence of aiding or abetting etc. a person to carry out hymenoplasty: Scotland).]

Human trafficking and exploitationS

29.An offence under section 22 of the Criminal Justice (Scotland) Act 2003 (traffic in prostitution etc.).

30.An offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (trafficking people for exploitation).

31.An offence under section 47 of the Criminal Justice and Licensing (Scotland) Act 2010 (slavery, servitude and forced or compulsory labour).

[F63231A.An offence under section 3A of the Female Genital Mutilation Act 2003 (offence of failing to protect girl from risk of genital mutilation).]

32.An offence under the Prohibition of Female Genital Mutilation (Scotland) Act 2005.

[F63332A.An offence under any of the following provisions of the Human Trafficking and Exploitation (Scotland) Act 2015—

(a)section 1 (offence of human trafficking),

(b)section 4 (slavery, servitude, and forced or compulsory labour),

(c)section 32(1) (breach of certain orders).

InsolvencyS

32B.An offence under any of the following provisions of the Insolvency Act 1986—

(a)section 206 (fraud, etc. in anticipation of winding up),

(b)section 207 (transactions in fraud of creditors),

(c)section 208 (misconduct in course of winding up),

(d)section 209 (falsification of company’s books),

(e)section 210 (material omissions from statement relating to company’s affairs),

(f)section 211 (false representations to creditors).]

Medical professions etc.S

33.An offence under section 10Z9 of the National Health Service (Scotland) Act 1978 (offences in relation to registration).

34.An offence under any of the following provisions of the Medical Act 1983—

(a)section 49 (penalty for pretending to be registered); and

(b)section 49A (penalty for pretending to hold a licence to practise).

[F63434A.An offence under any of the following provisions of the Dentists Act 1984—

(a)section 38 (prohibition on practice of dentistry by laymen),

(b)section 39 (prohibition on use of practitioners’ titles by laymen).

[F63434B.An offence under section 28(1) of the Opticians Act 1989 (penalty for pretending to be registered etc.).

[F63434C.An offence under section 32 of the Osteopaths Act 1993 (offences).

[F63434D.An offence under section 32 of the Chiropractors Act 1994 (offences).

[F63434E.An offence under article 39 of the Health Professions Order 2001 (offences).

[F63434F.An offence under article 44 of the Nursing and Midwifery Order 2001.]

35.An offence under article 38 (offences relating to the Register) of the Pharmacy Order 2010.

MedicinesS

36.An offence under any of the following provisions of the Medicines Act 1968—

(a)section 67(1A) and (1B) (offences under Part III); and

(b)section 78 (restrictions on use of titles, descriptions and emblems).

National securityS

[F63536AAn offence under sections 1 to 4, 12, 13, 17 or 18 of the National Security Act 2023.]

Official Secrets ActsS

37.An offence under the Official Secrets Act 1911.

[F63637A.An offence under the Official Secrets Act 1920.

[F63637B.An offence under the Official Secrets Act 1989

Proceeds of crime and money launderingS

37C.An offence under any of the following provisions of the Proceeds of Crime Act 2002—

(a)Part 7 (money laundering), other than section 339(1A),

(b)Part 8 (investigations).]

ProstitutionS

38.An offence under any of the following provisions of the Criminal Law (Consolidation) (Scotland) Act 1995—

(a)section 7 (procuring);

[F637(aa)section 9 (permitting girl to use premises for intercourse);]

(b)section 11 (trading in prostitution and brothel-keeping); F638...

(c)section 12 (allowing child to be in brothel);

[F639(d)section 13(9) (living on the earnings of another from male prostitution).]

Road trafficS

39.An offence under any of the following provisions of the Road Traffic Act 1988—

(a)section 1 (causing death by dangerous driving);

(b)section 3ZC (causing death by driving: disqualified drivers); and

(c)section 3A (causing death by careless driving when under influence of drink or drugs).

[F64039A.An offence under section 67 of the Serious Organised Crime and Police Act 2005 (offences in connection with disclosure notices or search warrants).]

Serious organised crimeS

40.An offence under any of the following provisions of the Criminal Justice and Licensing (Scotland) Act 2010—

(a)section 28 (involvement in serious organised crime);

(b)section 30 (directing serious organised crime); and

(c)section 31 (failure to report serious organised crime).

Sexual offencesS

41.An offence under section 50(3) of the Customs and Excise Management Act 1979 (penalty for improper importation of goods) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876, but only where the prohibited goods include indecent photographs of persons.

[F64141A.An offence under section 51A of the Civic Government (Scotland) Act 1982 (extreme pornography).]

42.A sexual offence within the meaning given by section 210A(10) of the Criminal Procedure (Scotland) Act 1995 other than an offence mentioned in paragraph (xxvii)(ZF) or (ZG) of that section (engaging while an older child in sexual conduct with or towards another older child).

[F64243.An offence under any of the following provisions of the Sexual Offences Act 2003—

(a)section 67A (voyeurism: additional offences),

(b)section 103I (breach of sexual harm prevention order or interim sexual harm prevention order),

(c)section 113 (breach of sexual offences prevention order or interim sexual offences prevention order, etc.),

(d)section 122H (breach of sexual risk order or interim sexual risk order).]

44.An offence under section 7 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (offence: breach of RSHO or interim RSHO etc.).

[F64344A.An offence under any of the following provisions of the Sexual Offences (Scotland) Act 2009—

(a)section 54 (incitement to commit certain sexual acts outside Scotland),

(b)section 54A (offences committed outside Scotland),

(c)section 55 (offences committed outside the United Kingdom; child victims).

[F64344B.An offence under section 69 of the Serious Crime Act 2015 (possession of paedophile manual).

[F64344C.An offence under any of the following provisions of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016—

(a)section 2 (disclosing, or threatening to disclose, an intimate photograph or film),

(b)section 24 (breach of sexual harm prevention order or interim sexual harm prevention order),

(c)section 34 (breach of sexual risk order or interim sexual risk order),

(d)section 37 (breach of orders equivalent to orders in Chapters 3 and 4).

SolicitorsS

44D.An offence under the Solicitors (Scotland) Act 1980.]

Stalking and harassmentS

45.An offence under section 50A of the Criminal Law (Consolidation) (Scotland) Act 1995 (racially aggravated harassment).

46.An offence under any of the following provisions of the Criminal Justice and Licensing (Scotland) Act 2010—

F644(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)section 39 (offence of stalking).

TaxationS

[F64546A.An offence under any of the following provisions of the Criminal Finances Act 2017—

(a)section 45(1) (failure to prevent facilitation of UK tax evasion offences),

(b)section 46(1) (failure to prevent facilitation of foreign tax evasion offences).]

TerrorismS

47.An offence under any of the following provisions of the Terrorism Act 2000—

(a)section 11 (membership);

(b)section 12 (support);

(c)section 15 (fund-raising);

(d)section 16 (use and possession);

(e)section 17 (funding arrangements);

(f)section 17A(2) or (4) (insurance payments made in response to terrorist demands);

(g)section 18 (money laundering);

(h)section 19 (disclosure of information: duty);

(i)section 21A (failure to disclose: regulated sector);

(j)section 21D (tipping off: regulated sector);

(k)section 38B (information about acts of terrorism);

(l)section 39 (disclosure of information, &c.);

(m)section 54 (weapons training);

(n)section 56 (directing terrorist organisation);

(o)section 57 (possession for terrorist purposes);

(p)section 58 (collection of information);

(q)section 58A (eliciting, publishing or communicating); F646...

[F647(qa)section 58B (entering or remaining in a designated area);]

(r)section 61 (inciting terrorism overseas);

48.An offence under any of the following provisions of the Anti-terrorism, Crime and Security Act 2001—

(a)section 47 (use etc. of nuclear weapons);

(b)section 50 (assisting or inducing certain weapons-related acts overseas);

(c)section 52 (powers of entry);

(d)section 54 (offences);

(e)section 67 (offences);

(f)section 79 (prohibition of disclosures relating to nuclear security);

(g)section 80 (prohibition of disclosures of uranium enrichment technology);

(h)section 113 (use of noxious substances or things to cause harm and intimidate);

(i)section 114 (hoaxes involving noxious substances or things); and

(j)paragraph 7 of Schedule 3 (offences).

49.An offence under the Terrorism Act 2006.

50.An offence under any of the following provisions of the Counter-Terrorism Act 2008—

(a)section 2 (offence of obstruction);

(b)section 54 (offences relating to notification);

(c)paragraph 15 of Schedule 5 (breach of foreign travel restriction order and offence);

(d)paragraph 30 of Schedule 7 (offences: failure to comply with requirement imposed by direction);

(e)paragraph 30A of Schedule 7 (offences: relevant person circumventing requirements); and

(f)paragraph 31 of Schedule 7 (offences in connection with licences).

Violent offender ordersS

51.An offence under section 113(1) of the Criminal Justice and Immigration Act 2008 (breach of violent offender order or interim violent offender order).

Vulnerable personsS

52.An offence under section 83 of the Adults with Incapacity (Scotland) Act 2000 (offence of ill-treatment and wilful neglect).

53.An offence under section 315 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (ill-treatment and wilful neglect of mentally disordered person).

54.An offence under any of the following provisions of the Protection of Vulnerable Groups (Scotland) Act 2007—

(a)section 34 (barred individuals not to do regulated work);

(b)section 35 (organisations not to use barred individuals for regulated work); and

(c)section 36 (personnel suppliers not to supply barred individuals for regulated work).

55.Any offence where the conduct in respect of which the person was convicted also constituted a breach of a banning order granted under section 19 of the Adult Support and Protection (Scotland) Act 2007 (banning orders).

[F64855AAn offence under section 26 of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (care worker offence).]

Witness protectionS

56.An offence under any of the following provisions of the Serious Organised Crime and Police Act 2005—

(a)section 86 (offence of disclosing information about protection arrangements); and

(b)section 88 (offences of disclosing information relating to persons assuming new identity).

Statutory aggravationsS

57.An offence in relation to which [F649any] of the following provisions apply—

(a)section 29(1) of the Criminal Justice and Licensing (Scotland) Act 2010 (offences aggravated by connection with serious organised crime); F650...

(b)section 31 of the Counter-Terrorism Act 2008 (offences aggravated by terrorism.

[F651(c)section 5 of the Human Trafficking and Exploitation (Scotland) Act 2015 (aggravation by connection with human trafficking activity);

(d)section 1 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (offences aggravated by involving abuse of partner or ex-partner).]

OtherS

Common law aggravationsS

58.An offence, the conviction for which indicates that it was committed against a child.

59.An offence, the conviction for which indicates that it included a sexual element.

[F65259A.An offence of assault the conviction for which indicates that it resulted in any of the following—

(a)disability,

(b)disfigurement (permanent or otherwise),

(c)impairment (permanent or otherwise).]

Inchoate offencesS

60.An offence committed by aiding, abetting, counselling, procuring or inciting the commission of the offence of murder or any offence listed in paragraphs 1 to [F65359A] of this schedule.

61.An offence committed by attempting or conspiring to commit the offence of murder or any offence listed in paragraphs 1 to [F65459A] of this schedule.

Superseded offencesS

62.An offence superseded (whether directly or indirectly) by any offence listed in paragraphs 1 to 61 of this schedule (and any qualification in relation to a listed offence applies to the superseded offence as it applies to the listed offence).

Combined offencesS

63.An offence which was charged, and the conviction for which was received, in conjunction with any offence listed in paragraphs 1 to 62 of this schedule.

Corresponding offences elsewhere in the UK or abroadS

64.An offence under the law of England and Wales or Northern Ireland, or any country or territory outside the United Kingdom, which corresponds to any offence listed in paragraphs 1 to 63 of this schedule.

[F655SCHEDULE 8ANIREVIEW OF CRIMINAL RECORD CERTIFICATES

Textual Amendments

InterpretationNI

1NIIn this Schedule—

The independent reviewerNI

2(1)There is to be an independent reviewer for the purposes of this Schedule.NI

(2)The independent reviewer is a person appointed by the Department—

(a)for such period, not exceeding 3 years, as the Department decides; and

(b)on such terms as the Department decides.

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

(4)The Department may terminate the appointment of the independent reviewer before the end of the period mentioned in sub-paragraph (2)(a) by giving the independent reviewer notice of the determination not less than 3 months before it is to take effect.

(5)The Department may—

(a)pay such remuneration or allowances to the independent reviewer as it may determine;

(b)make arrangements for the provision of administrative or other assistance to the independent reviewer.

(6)The independent reviewer must, in relation to each financial year and no later than 3 months after the end of that year, make a report to the Department about the exercise of his or her functions under this Schedule in that year.

(7)The independent reviewer may make recommendations to the Department as to—

(a)any guidance issued by the Department under paragraph 3 or which the independent reviewer thinks it would be appropriate for the Department to issue under that paragraph;

(b)any changes to any statutory provision which the independent reviewer thinks may be appropriate.

(8)A person may at the same time hold office as the independent reviewer and as the independent monitor under section 119B.

GuidanceNI

3NIThe Department may from time to time publish guidance to the independent reviewer as to the exercise of functions under this Schedule; and in exercising functions under this Schedule the independent reviewer must have regard to any guidance for the time being published under this paragraph.

Application for review after issue of certificateNI

4(1)A person who receives a criminal record certificate or an enhanced criminal record certificate may apply in writing to the Department for a review of the inclusion in that certificate of—NI

(a)the details of any spent conviction; or

(b)the details of any other disposal.

(2)An application under this paragraph must—

(a)be accompanied by such fee (if any) as may be prescribed; and

(b)be made within such period after the issue of the certificate as the Department may specify in a notice accompanying the certificate.

(3)The Department must refer any application under this paragraph to the independent reviewer together with—

(a)any information supplied by the applicant in connection with the application; and

(b)any other information which appears to the Department to be relevant to the application.

Review by independent reviewer after issue of certificateNI

5(1)The independent reviewer, on receiving an application under paragraph 4 in relation to a certificate, must review the inclusion in that certificate of—NI

(a)the details of any spent conviction; and

(b)the details of any other disposal.

(2)If, following that review, the independent reviewer determines that the details of any spent conviction or other disposal included in the certificate should be removed—

(a)the independent reviewer must inform the Department of that fact; and

(b)on being so informed the Department must issue a new certificate.

(3)In issuing such a certificate the Department must give effect to the determination of the independent reviewer and must (in the case of an enhanced certificate) again comply with section 113B(4).

(4)If, following that review, the independent reviewer determines that the details of any spent convictions or other disposals included in the certificate should not be removed—

(a)the independent reviewer must inform the Department of that fact; and

(b)the Department must inform the applicant that the application is refused.

(5)The independent reviewer must not determine that details of a spent conviction or other disposal should be removed from a certificate unless the independent reviewer is satisfied that the removal of those details would not undermine the safeguarding or protection of children and vulnerable adults or pose a risk of harm to the public.

Automatic review before issue of certificate containing only details of spent convictions or other disposals of person under 18NI

6(1)This paragraph applies where—NI

(a)the Department proposes to issue (otherwise than under sub-paragraph (4)(b) or (6)(b)) a criminal record certificate or an enhanced criminal record certificate relating to any person; and

(b)the certificate would—

(i)contain details of any spent conviction or other disposal which occurred at a time when the person was under the age of 18; but

(ii)not contain details of any conviction (whether spent or not) or other disposal occurring after that time.

(2)The Department must, before issuing the certificate, refer the certificate for review to the independent reviewer together with any information which appears to the Department to be relevant to that review.

(3)The independent reviewer, on receiving a referral under sub-paragraph (2) in relation to a certificate, must review the inclusion in that certificate of—

(a)the details of any spent conviction; and

(b)the details of any other disposal.

(4)If, following that review, the independent reviewer determines that the details of any spent conviction or other disposal included in the certificate should be removed—

(a)the independent reviewer must inform the Department of that fact; and

(b)on being so informed the Department must amend the certificate and issue the amended certificate.

(5)In issuing such a certificate the Department must give effect to the determination of the independent reviewer and must (in the case of an enhanced certificate) again comply with section 113B(4).

(6)If, following that review, the independent reviewer determines that the details of any spent convictions or other disposals included in the certificate should not be removed—

(a)the independent reviewer must inform the Department of that fact; and

(b)the Department must issue the certificate in the form referred to the independent reviewer.

(7)The independent reviewer must not determine that details of a spent conviction or other disposal should be removed from a certificate unless the independent reviewer is satisfied that the removal of those details would not undermine the safeguarding or protection of children and vulnerable adults or pose a risk of harm to the public.

(8)The fact that a review has been carried out under this paragraph before a certificate is issued does not prevent the operation of paragraphs 4 and 5 in relation to the certificate once issued.

Disclosure of information to the independent reviewerNI

7NIThe Chief Constable, the Department and the Probation Board for Northern Ireland must provide to the independent reviewer such information as the independent reviewer reasonably requires in connection with the exercise of his or her functions under this Schedule.]

SCHEDULE 8BSOFFENCES WHICH ARE TO BE DISCLOSED SUBJECT TO RULES

Common law offencesS

F6561.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.SAssault excluding any assault of a kind listed in Schedule 8A.

3.SBreach of the peace.

4.SClandestinely taking possession.

5.SCulpable and reckless conduct.

[F6575A.SCulpable and reckless conduct to the danger of life.]

6.SCulpable and reckless endangering of the public.

7.SCulpable and reckless fireraising.

F6588.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6599.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10.SFraud.

[F66010A.SHijacking.]

F66111.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F66212.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13.SOpening a lockfast place with intent to steal.

[F66313A.SPiracy.]

14.SPublic indecency.

15.SReset (excluding reset of plagium).

F66416.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17.STheft (excluding plagium).

[F66517A.STreason.]

18.SUttering.

[F66618A.SUttering threats.]

F66719.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Statutory offencesS

Adult support and protectionS

20.An offence under section 49 of the Adult Support and Protection (Scotland) Act 2007 (obstruction).

AnimalsS

F66821.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F66822.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F66823.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F66824.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F66825.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F66826.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F66827.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F66828.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F66829.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Armed forcesS

30.An offence under section 42 of the Armed Forces Act 2006 (criminal conduct) where the corresponding offence under the law of England and Wales is, or corresponds to, an offence listed in this schedule.

Assaulting or hindering public officialsS

31.An offence under section 89 of the Police Act 1996 (assaults on constables).

32.An offence under section 32 of the Commissioners for Revenue and Customs Act 2005 (assault).

33.An offence under the Emergency Workers (Scotland) Act 2005.

34.An offence under section 85 of the Fire (Scotland) Act 2005 (false alarms).

35.An offence under section 90 of the Police and Fire Reform (Scotland) Act 2012 (assaulting or impeding police).

[F669Aviation, maritime and spaceflight]S

35A.[F670An offence under the Piracy Act 1837.]

AviationS

36.An offence under any of the following provisions of the Aviation Security Act 1982—

[F671(a)section 1 (hijacking),

(b)section 2 (destroying, damaging or endangering safety of aircraft),

(c)section 3 (other acts endangering or likely to endanger safety of aircraft),

(d)section 4 (offences in relation to certain dangerous articles).]

[F67236A.An offence under section 9 of the Aviation and Maritime Security Act 1990 (hijacking of ships).

[F67236B.An offence under article 265 of the Air Navigation Order 2016 in respect of a contravention of article 240 of that Order (endangering safety of an aircraft).

[F67236C.An offence under any of the following paragraphs of schedule 4 of the Space Industry Act 2018—

(a)paragraph 1 (hijacking of spacecraft),

(b)paragraph 2 (destroying, damaging or endangering safety of spacecraft),

(c)paragraph 3 (other acts of endangering or likely to endanger safety of spacecraft),

(d)paragraph 5 (offences in relation to certain dangerous articles).]

Bomb hoaxesS

F67337.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

BriberyS

F67438.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Care servicesS

39.An offence under any of the following provisions of the Regulation of Care (Scotland) Act 2001—

(a)section 45 (application for registration under Part 3); and

(b)section 52 (use of title “social worker” etc.).

40.An offence under any of the following provisions of the Public Services Reform (Scotland) Act 2010—

(a)section 80(1) (offences in relation to registration under Chapter 3);

(b)section 81 (false statements in application under Chapter 3); and

(c)section 90 (offences under Chapter 4).

41.An offence under article 27 of the Public Services Reform (General Teaching Council for Scotland) Order 2011 (offences).

42.An offence under regulation 19 of the Social Care and Social Work Improvement (Scotland) (Requirements for Care Services) Regulations 2011 (offences).

CharitiesS

43.An offence under the Charities and Trustee Investment (Scotland) Act 2005.

Child SupportS

44.An offence under section 50 of the Child Support Act 1991 (unauthorised disclosure of information).

ChildrenS

45.An offence under section 6 of the Child Abduction Act 1984 (offence in Scotland of parent, etc. taking or sending child out of United Kingdom).

Computer misuseS

[F67545A.An offence under any of the following provisions of the Computer Misuse Act 1990—

(a)section 1 (unauthorised access to computer material),

(b)section 2 (unauthorised access with intent to commit or facilitate commission of further offences),

(c)section 3 (unauthorised acts with intent to impair, or with recklessness as to impairing, operation of a computer etc.),

(d)section 3A (making, supplying or obtaining articles for use in an offence under section 1, 3 or 3ZA).]

CrossbowsS

46.An offence under section 1 of the Crossbows Act 1987 (sale and letting on hire).

Domestic abuseS

F67647.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

DrugsS

48.An offence under any of the following provisions of the Misuse of Drugs Act 1971—

(a)section 3 (restriction of importation and exportation of controlled drugs);

(b)section 4 (restriction of production and supply of controlled drugs);

(c)section 4A (aggravation of offence of supply of controlled drug);

(d)section 5(3) (restriction of possession of controlled drugs);

(e)section 6 (restriction of cultivation of cannabis plant);

(f)section 8(a) and (b) (occupiers etc. of premises to be punishable for certain activities taking place there);

(g)section 12 (directions prohibiting prescribing, supply etc. of controlled drugs by practitioners etc. convicted of certain offences);

(h)section 13 (directions prohibiting prescribing, supply etc. of controlled drugs by practitioners in other cases);

(i)section 17 (power to obtain information from doctors, pharmacists etc. in certain circumstances);

(j)section 19 (attempts etc. to commit offences), but only in relation to an offence listed in sub-paragraphs (a) to (i) of this paragraph; and

(k)section 20 (assisting in or inducing commission outside United Kingdom of offence punishable under corresponding law).

49.An offence under any of the following provisions of the Customs and Excise Management Act 1979 in relation to goods prohibited to be imported or exported under section 3(1) of the Misuse of Drugs Act 1971 (restriction of importation and exportation of controlled drugs)—

(a)section 50(2) or (3) (penalty for improper importation of goods);

(b)section 68(2) (offences in relation to exportation of prohibited or restricted goods); and

(c)section 170 (fraudulent evasion of duty).

50.An offence under the Criminal Justice (International Co-operation) Act 1990.

[F67750A.An offence under any of the following provisions of the Psychoactive Substances Act 2016—

(a)section 5 (supplying, or offering to supply, a psychoactive substance),

(b)section 7 (possession of psychoactive substance with the intent to supply),

(c)section 8 (importing or exporting a psychoactive substance),

(d)section 9 (possession of a psychoactive substance in a custodial institution),

(e)section 48 (offence in relation to enforcement officers).]

Escape from custody etc.S

51.An offence under section 316 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (inducing and assisting absconding etc.).

52.An offence under section 91 of the Police and Fire Reform (Scotland) Act 2012 (escape from custody).

Financial ServicesS

53.An offence under the Financial Services and Markets Act 2000.

54.An offence under the Financial Services Act 2012.

Fire safetyS

55.An offence under section 72(1) or (3) of the Fire (Scotland) Act 2005 (offences).

FirearmsS

56.An offence under any of the following provisions of the Firearms Act 1968—

(a)section 1 (requirement of firearms certificate);

(b)section 2 (requirement of certificate for possession of shot guns);

(c)section 3 (business and other transactions with firearms and ammunition firearms);

(d)section 22 (acquisition and possession of firearms by minors); F678...

(e)section 23 (exceptions from section 22(4)).

[F679(f)section 28A(7) (certificates: supplementary);

(g)section 29 (variation of firearm certificates);

(h)section 30D(3) (revocation of certificates: supplementary);

(i)section 39 (offences in connection with registration);

(j)section 40 (compulsory register of transactions in firearms).]

57.An offence under section 50(5) of the Civic Government (Scotland) Act 1982 (drunk in possession of firearm).

58.An offence under the Firearms (Amendment) Act 1997.

59.An offence under any of the following provisions of the Violent Crime Reduction Act 2006—

(a)section 28 (using someone to mind a weapon);

(b)section 32 (sales of air weapons by way of trade or business to be face to face);

(c)section 35 (restriction on sale and purchase of primers); and

(d)section 36 (manufacture, import and sale of realistic imitation firearms).

[F68059A.An offence under section 31 of the Air Weapons and Licensing (Scotland) Act 2015 (false statements, certificate and permits).]

Food safety and standardsS

60.An offence under any of the following provisions of the Food Safety Act 1990—

(a)section 7 (rendering food injurious to health); and

(b)section 9 (inspection and seizure of suspected food).

61.An offence under regulation 4(b) of the General Food Regulations 2004.

Forced marriageS

F68162.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Fraud and forgeryS

[F68263.An offence under any of the following provisions of the Forgery and Counterfeiting Act 1981—

(a)section 18 (offence of reproducing British currency notes),

(b)section 19 (offences of making etc. imitation British coins).]

64.An offence under section 46A of the Criminal Law (Consolidation) (Scotland) Act 1995 (false monetary instruments).

[F68364A.An offence under the Fraud Act 2006.

[F68364B.An offence under section 993 of the Companies Act 2006 (offence of fraudulent trading).]

65.An offence under section 49 of the Criminal Justice and Licensing (Scotland) Act 2010 (articles for use in fraud).

66.An offence under section 92 of the Police and Fire Reform (Scotland) Act 2012 (impersonation etc.).

HarassmentS

F68467.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F68468.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Immigration, etc.S

F68469.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

70.An offence under any of the following provisions of the Immigration and Asylum Act 1999—

(a)section 105 (false representations);

(b)section 106 (dishonest representations); and

(c)any of the following paragraphs of Schedule 11—

(i)paragraph 1 (obtaining certificates of authorisation by false pretences);

(ii)paragraph 4 (assaulting a detainee custody officer); and

(iii)paragraph 5 (obstructing detainee custody officer).

F685(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

71.An offence under section 35 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (deportation or removal: cooperation).

72.An offence under section 21 of the Immigration, Asylum and Nationality Act 2006 (offence).

InsolvencyS

73.An offence under any of the following provisions of the Insolvency Act 1986—

(a)section 131 (company’s statement of affairs);

F686(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F687(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)section 216 (restriction on re-use of company names); and

(e)section 235 (duty to co-operate with office-holder).

LandminesS

74.An offence under section 2 of the Landmines Act 1998 (prohibited conduct).

LasersS

[F68874A.An offence under the Laser Misuse (Vehicles) Act 2018.]

MedicinesS

75.An offence under section 67(2) [F689or] (3) (offences under Part III) of the Medicines Act 1968.

76.An offence under any of the following provisions of the Human Medicines Regulations 2012—

(a)regulation 34(1) (offences: breach of regulations and false information and defence concerning starting materials); and

(b)regulation 255(1)(a), (b), (c) or (d) (offences relating to dealings with medicinal products).

Mental healthS

77.An offence under section 318 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (false statements).

Neglect of dutyS

78.An offence under Part 4 (shipping: alcohol and drugs) or Part 5 (aviation: alcohol and drugs) of the Railways and Transport Safety Act 2003.

79.An offence under section 22 of the Police and Fire Reform (Scotland) Act 2012 (failure to perform duty).

Obscene material etc.S

80.An offence under section 1(1) of the Indecent Displays Act 1981 (indecent displays).

81.An offence under any of the following provisions of the Civic Government (Scotland) Act 1982—

(a)section 51 (obscene material);

F690(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F691(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

82.An offence under section 85(3) of the Postal Services Act 2000 (prohibition on sending certain articles by post).

83.An offence under section 127(1) of the Communications Act 2003 (improper use of public electronic communications network).

Offences in relation to childrenS

84.An offence under any of the following provisions of the Children and Young Persons (Scotland) Act 1937—

(a)section 15 (causing or allowing persons under 16 to be used for begging);

(b)section 22 (exposing children under seven to risk of burning);

(c)section 31(1) (penalties and legal proceedings in respect of general provisions as to employment);

(d)section 33 (prohibition of persons under sixteen taking part in performances endangering life or limb); and

(e)section 34 (restrictions on training for performances of a dangerous nature).

85.An offence under section 40(1) of the Children and Young Persons Act 1963 (offences).

86.An offence under section 50(2) of the Civic Government (Scotland) Act 1982 (drunk in charge of a child).

87.An offence under section 81 of the Children (Scotland) Act 1995 (offences in connection with orders etc. for the protection of children).

88.An offence under any of the following provisions of the Children’s Hearings (Scotland) Act 2011—

(a)section 59 (offences); and

(b)section 171 (offences related to absconding).

[F69288A.An offence under section 75 of the Age of Criminal Responsibility (Scotland) Act 2019.]

Offensive behaviour etc.S

F69389.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Offensive weaponsS

90.An offence under the Restriction of Offensive Weapons Act 1959.

91.An offence under section 50(3) (penalty for improper importation of goods) or section 170 (fraudulent evasion of duty) of the Customs and Excise Management Act 1979 in relation to goods prohibited to be imported under—

(a)section 1(2) of the Restriction of Offensive Weapons Act 1959 (penalties for offences in connection with dangerous weapons); or

(b)section 141(4) of the Criminal Justice Act 1988 (offensive weapons).

92.An offence under any of the following provisions of the Criminal Justice Act 1988—

(a)section 141 (offensive weapons); and

(b)section 141A (sale of knives and certain articles with blade or point to persons under eighteen).

93.An offence under any of the following provisions of the Criminal Law (Consolidation) (Scotland) Act 1995—

(a)section 47 (prohibition of the carrying of offensive weapons);

(b)section 48 (search for offensive weapons);

(c)section 49 (offence of having in a public place an article with a blade or point);

(d)section 49A (offence of having article with blade or point (or offensive weapon) on school premises);

(e)section 49C (offence of having offensive weapon etc. in prison); and

(f)section 50 (extension of constable’s power to stop, search and arrest without warrant).

[F69493A.An offence under any of the following provisions of the Offensive Weapons Act 2019—

(a)section 1 (sale of corrosive products to persons under 18),

(b)section 6 (offence of having a corrosive substance in a public place),

(c)section 11(5) (offences of obstruction and concealment relating to a search for corrosive substances: Scotland).]

Official Secrets ActsS

F69594.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F69595.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PrisonsS

F69596.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proceeds of crime and money launderingS

97.An offence under any of the following provisions of the Proceeds of Crime Act 2002—

[F696(a)section 339(1A) (making disclosures otherwise than in the prescribed form and manner);]

F697(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)section 453A (certain offences in relation to financial investigators).

98.An offence under the Proceeds of Crime Act 2002 (External Investigations) Order 2013.

99.An offence under the Proceeds of Crime Act 2002 (External Investigations) (Scotland) Order 2015.

ProstitutionS

F698100.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

101.An offence under the Prostitution (Public Places) (Scotland) Act 2007.

Public orderS

102.An offence under any of the following provisions of the Public Order Act 1986—

(a)section 1 (riot);

(b)section 2 (violent disorder);

(c)section 3 (affray);

(d)section 4 (fear or provocation of violence);

(e)section 4A (intentional harassment, alarm or distress);

(f)section 5 (harassment alarm or distress);

(g)section 18 (use of words or behaviour or display of written material);

(h)section 19 (publishing or distributing written material);

(i)section 20 (public performance of play);

(j)section 21 (distributing, showing or playing a recording);

(k)section 22 (broadcasting or including programme in cable programme service);

(l)section 23 (possession of racially inflammatory material);

(m)section 29B (use of words or behaviour or display of written material);

(n)section 29C (publishing or distributing written material);

(o)section 29D (public performance of play);

(p)section 29E (distributing, showing or playing recording);

(q)section 29F (broadcasting or including programme in programme service); and

(r)section 29G (possession of inflammatory material).

[F699102A.An offence under section 68(1) of the Criminal Justice and Public Order Act 1994 (aggravated trespass).]

Road trafficS

103.An offence under any of the following provisions of the Road Traffic Act 1988—

(a)section 1A (causing serious injury by dangerous driving);

(b)section 2 (dangerous driving);

(c)section 2B (causing death by careless, or inconsiderate, driving);

(d)section 3ZB (causing death by driving: unlicensed or uninsured drivers);

(e)section 3ZD (causing serious injury by driving: disqualified drivers);

(f)section 4(1) (driving, or being in charge, when under the influence of drink or drugs);

(g)section [F7005(1)] (driving or being in charge of a motor vehicle with alcohol concentration above prescribed limit); F701...

[F702(ga)section 5A (driving or being in charge of a motor vehicle with concentration of specified controlled drug above specified limit);]

(h)section 178 (taking motor vehicle without authority, etc.).

Sexual offencesS

104.An offence under section 37(1) or (4) of the Sexual Offences (Scotland) Act 2009 (older children engaging in sexual conduct with each other).

SolicitorsS

F703105.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

TerrorismS

106.An offence under any of the following provisions of the Terrorism Act 2000—

(a)section 13 (uniform);

(b)section 36 (police powers);

(c)section 51 (offences);

(d)section 116 (powers to stop and search);

(e)paragraph 32 of Schedule 5 (urgent cases); and

(f)paragraph 18 of Schedule 7 (offences).

Threatening or abusive behaviourS

[F704106A.An offence under section 38 of the Criminal Justice and Licensing (Scotland) Act 2010 (threatening or abusive behaviour).]

VetsS

F705107.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Miscellaneous statutory offencesS

108.An offence under any of the following provisions of the Civic Government (Scotland) Act 1982—

(a)section 57 (being in or on building etc. with intent to commit theft);

(b)section 58 (convicted thief in possession); and

(c)section 60 (powers of search and seizure).

109.An offence under section 22 of the Rent (Scotland) Act 1984 (unlawful eviction and harassment of occupier).

[F706109A.An offence under section 1 of the Malicious Communications Act 1988 (sending letters etc. with intent to cause distress or anxiety).]

[F707110.An offence under any of the following provisions of the Postal Services Act 2000—

(a)section 83 (interfering with the mail: postal operators),

(b)section 85(1) (prohibition on sending certain articles by post).]

111.An offence under any of the following provisions of the Serious Organised Crime and Police Act 2005—

F708(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)section 129 (corresponding Scottish offence);

(c)section 145 (interference with contractual relationships so as to harm animal research organisation); and

(d)section 146 (intimidation of persons connected with animal research organisation).

Statutory aggravationsS

112.An offence (other than an offence listed in schedule 8A) in relation to which either of the following provisions applies—

(a)section 96 of the Crime and Disorder Act 1998 (offences racially aggravated); or

(b)section 74 of the Criminal Justice (Scotland) Act 2003 (offences aggravated by religious prejudice).

113.An offence (other than an offence listed in schedule 8A) to which either of the following provisions of the Offences (Aggravation by Prejudice) (Scotland) Act 2009 applies—

(a)section 1(1) (prejudice relating to disability); or

(b)section 2(1) (prejudice relating to sexual orientation or transgender identity).

OtherS

Common law aggravationsS

114.An offence (other than an offence listed in schedule 8A or in paragraph 112 of this schedule), the conviction for which indicates that it included an element of racial prejudice or was racially motivated.

115.An offence (other than an offence listed in schedule 8A or in paragraph 112 of this schedule), the conviction for which indicates that it included an element of religious prejudice or was motivated by religious prejudice.

Inchoate offencesS

116.An offence committed by aiding, abetting, counselling, procuring or inciting the commission of any offence listed in paragraphs 1 to 115 of this schedule.

117.An offence committed by attempting or conspiring to commit any offence listed in paragraphs 1 to 115 of this schedule.

Superseded offencesS

118.An offence superseded (whether directly or indirectly) by any offence listed in paragraphs 1 to 117 of this schedule (and any qualification in relation to a listed offence applies to the superseded offence as it applies to the listed offence).

Combined offencesS

119.An offence which was charged, and the conviction for which was received, in conjunction with any offence listed in paragraphs 1 to 118 of this schedule.

Corresponding offences elsewhere in the UK or abroadS

120.An offence under the law of England and Wales or Northern Ireland, or any country or territory outside the United Kingdom, which corresponds to any offence listed in paragraphs 1 to 119 of this schedule.]

Section 134(1).

SCHEDULE 9U.K. Minor and Consequential Amendments

Extent Information

E9The amendments in Sch. 9 have the same extent as the enactments to which they refer

Explosives Act 1875 (c. 17)U.K.

F7091U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Civil Defence Act 1948 (c. 5)U.K.

F7102U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Public Records Act 1958 (c. 51)U.K.

3U.K.In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part II of the Table at the end of paragraph 3 there shall be inserted at the appropriate place—

Police Information Technology Organisation.

Trustee Investments Act 1961 (c. 62)U.K.

F7114U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7115U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Offices, Shops and Railway Premises Act 1963 (c. 41)U.K.

F7116U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Parliamentary Commissioner Act 1967 (c. 13)U.K.

F7127U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Police (Scotland) Act 1967 (c. 77)U.K.

8U.K.The Police (Scotland) Act 1967 shall be amended as follows.

9U.K.In section 27(3) (regulations as to police cadets), after “(1A),” there shall be inserted “ (2B), ”.

10U.K.At the end of section 28 (regulations as to standards of equipment) (which becomes subsection (1)) F713...

Textual Amendments

F713Words in Sch. 9 para. 10 repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 15 Pt. 1(A); S.I. 2007/709, art. 3(q) (with art. 6)

F71411U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F71512U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

13U.K.In section 38 (constables engaged on central service and certain temporary service), in subsection (3A), after “service” there shall be inserted “ , or on temporary service such as is mentioned in paragraph (ba) or (bb) of the said section 38A(1), ”.

Commencement Information

I41Sch. 9 para. 13 wholly in force at 31.10.1997; Sch. 9 para. 13 not in force at Royal Assent see s. 135; Sch. 9 para. 13 in force at 31.10.1997 by S.I. 1997/2390, art. 2 (with arts. 3-7(but the said arts. 4-7 were revoked (1.4.1998) by S.I. 1998/354, art. 7))

14U.K.In section 38A (constables engaged on service outside their force)—

F716(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F717(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I42Sch. 9 para. 14 wholly in force at 31.10.1997; Sch. 9 para. 14 not in force at Royal Assent see s. 135; Sch. 9 para. 14 in force at 31.10.1997 by S.I. 1997/2390, art. 2 (with arts. 3-7(but the said arts. 4-7 were revoked (1.4.1998) by S.I. 1998/354, art. 7))

F71815U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Leasehold Reform Act 1967 (c. 88)U.K.

F71916U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Public Expenditure and Receipts Act 1968 (c. 14)U.K.

F72017U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Firearms Act 1968 (c. 27)U.K.

18U.K.In section 54 of the Firearms Act 1968 (application of Act to Crown servants), in subsection (3) (which provides that members of police forces and certain employees of police authorities are deemed to be in the service of Her Majesty), at the end of paragraph (b) there shall be inserted , or

(c)a member of the National Criminal Intelligence Service or the National Crime Squad..

Post Office Act 1969 (c. 48)U.K.

F72119U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F721Sch. 9 para. 19 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2

Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57)U.K.

F72220U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Police Act (Northern Ireland) 1970 (c. 9 (N.I.))U.K.

F72321N.I.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F723Sch. 9 para. 21 repealed (1.4.1999) by 1998 c. 32, ss. 74(2)(3), Sch. 6 (with Sch. 5 para. 1); S.R. 1999/176, art. 3

F72422N.I.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F724Sch. 9 para. 22 repealed (1.4.1999) by 1998 c. 32, ss. 74(2)(3), Sch. 6 (with Sch. 5 para. 1); S.R. 1999/176, art. 3

Local Authorities (Goods and Services) Act 1970 (c. 39)U.K.

23U.K.F725. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F725Sch. 9 para. 23 repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)

Superannuation Act 1972 (c. 11)U.K.

F72624U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Employers’ Liability (Defective Equipment and Compulsory Insurance) (Northern Ireland) Order 1972 (NI 6)U.K.

25U.K.F727. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F727Sch. 9 para. 25 repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)

Employment Agencies Act 1973 (c. 35)U.K.

F72826U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Juries Act 1974 (c. 23)U.K.

F72927U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

District Courts (Scotland) Act 1975 (c. 20)U.K.

28U.K.In subsection (2) of section 12 of the District Courts (Scotland) Act 1975 (disqualification in certain cases of justices who are members of local authorities), the following shall be inserted as the first paragraph—

(aa)any reference to a local authority includes a reference to the Service Authority for the National Criminal Intelligence Service;.

House of Commons Disqualification Act 1975 (c. 24)U.K.

29F730(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

F731(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F732(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I43Sch. 9 para. 29 wholly in force at 1.4.1998; Sch. 9 para. 29 not in force at Royal Assent see s. 135; Sch. 9 para. 29(3), in force at 1.9.1997 by S.I. 1997/1930, art. 2(1)(2)(x); otherwise in force at 1.4.1998 by S.I. 1998/354 art. 2

Northern Ireland Assembly Disqualification Act 1975 (c. 25)U.K.

30F733(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

F734(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F735(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sex Discrimination Act 1975 (c. 65)U.K.

F73631U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Fair Employment (Northern Ireland) Act 1976 (c.25)U.K.

[F73732U.K.In section 53 of the Fair Employment (Northern Ireland) Act 1976 (police), in subsection (6), in the definition of “chief officer of police”, after paragraph (a) there shall be inserted—

“(aa)

in relation to a person appointed, or to an appointment falling to be made, under section 9(1)(b) of the Police Act 1997 (police members of the National Criminal Intelligence Service) means the Director General of the National Criminal Intelligence Service;.]

Textual Amendments

F737Sch. 9 para. 32 repealed (4.11.2001) by 2000 c. 32, s. 78(4), Sch. 8; S.R. 2001/396, art. 2, Sch.

Police Pensions Act 1976 (c. 35)U.K.

33(1)Section 11 of the Police Pensions Act 1976 (interpretation) shall be amended as follows.U.K.

(2)In subsection (2)—

(a)the word “and” after paragraph (a) shall be omitted,

(b)in paragraph (b) after “it means” there shall be inserted “, subject to paragraphs (c) to (e) below,”, and

F738(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In subsection (5), in the definition of “central service”—

F739(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)after “1967” there shall be inserted “or means relevant service within paragraph (ba) or (bb) of section 38A(1) of the said Act of 1967”.

Textual Amendments

F738Sch. 9 para. 33(2)(c) repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 15 Pt. 1(A); S.I. 2007/709, art. 3(q) (with art. 6)

F739Sch. 9 para. 33(3)(a) repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 15 Pt. 1(A); S.I. 2007/709, art. 3(q) (with art. 6)

Local Government (Miscellaneous Provisions) Act 1976 (c. 57)U.K.

34U.K.In each of sections 51 and 59 of the Local Government (Miscellaneous Provisions) Act 1976 (licensing of drivers of private hire vehicles and hackney carriages), subsection (1A) shall be omitted.

Race Relations Act 1976 (c. 74)U.K.

F74035U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F740Sch. 9 para. 35 repealed (2.4.2001) by 2000 c. 34, s. 9(2), Sch. 3 (with s. 10(5)); S.I. 2001/566, art. 2(1)

F74136U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F741Sch. 9 para. 36 repealed (2.4.2001) by 2000 c. 34, s. 9(2), Sch. 3 (with s. 10(5)); S.I. 2001/566, art. 2(1)

Sex Discrimination (Northern Ireland) Order 1976 (NI 15)U.K.

[F74237U.K.In Article 19 of the Sex Discrimination (Northern Ireland) Order 1976 (police), in paragraph (6), in the definition of “chief officer of police”, after sub-paragraph (a) there shall be inserted—

“(aa)

in relation to a person appointed, or to an appointment falling to be made, under section 9(1)(b) of the Police Act 1997 (police members of the National Criminal Intelligence Service) means the Director General of the National Criminal Intelligence Service;.]

Textual Amendments

F742Sch. 9 para. 37 repealed (4.11.2001) by 2000 c. 32, s. 78(4), Sch. 8; S.R. 2001/396, art. 2, Sch.

Rent (Agriculture) Act 1976 (c. 80)U.K.

38U.K.F743. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F743Sch. 9 para. 38 repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)

Rent Act 1977 (c. 42)U.K.

39U.K.F744. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F744Sch. 9 para. 39 repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)

Justices of the Peace Act 1979 (c. 55)U.K.

40U.K.In section 64 of the Justices of the Peace Act 1979 (disqualification in certain cases of justices who are members of local authorities), in subsection (6) (definition of local authority), after “1996” there shall be inserted “ , the Service Authority for the National Criminal Intelligence Service, the Service Authority for the National Crime Squad ”.

Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55)U.K.

41U.K.In Part I of Schedule 1 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980, in Group B (ineligibility for jury service of certain persons concerned with the administration of justice), after paragraph (n) there shall be inserted—

(na)members of the National Criminal Intelligence Service;

(nb)members of the Service Authority for the National Criminal Intelligence Service and persons employed by that Authority under section 13 of the Police Act 1997;.

Commencement Information

I44Sch. 9 para. 41 wholly in force at 1.4.1998; Sch. 9 para. 41 in force for certain purposes at 23.7.1997 by S.I. 1997/1377 art. 4; Sch. 9 para. 41 otherwise in force at 1.4.1998 by S.I. 1998/354 art. 2

Finance Act 1981 (c. 35)U.K.

42U.K.F745. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F745Sch. 9 para. 42 repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)

Acquisition of Land Act 1981 (c. 67)U.K.

43U.K.F746. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F746Sch. 9 para. 43 repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)

Stock Transfer Act 1982 (c. 41)U.K.

F74744U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

County Courts Act 1984 (c. 28)U.K.

45U.K.F748. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F748Sch. 9 para. 45 repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)

Police and Criminal Evidence Act 1984 (c. 60)U.K.

F74946U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F74947U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prosecution of Offences Act 1985 (c. 23)U.K.

F74948U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Housing Act 1985 (c. 68)U.K.

49U.K.F750. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F750Sch. 9 para. 49 repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(J)(m) (with transitional provisions in art. 4)

Housing Associations Act 1985 (c. 69)U.K.

50U.K.In section 106 of the Housing Associations Act 1985 (minor definitions), in subsection (1), in the definition of “local authority”, after “1996” there shall be inserted “ and the Service Authority for the National Crime Squad and the Service Authority for the National Criminal Intelligence Service ”.

Commencement Information

I45Sch. 9 para. 50 wholly in force at 31.10.1997; Sch. 9 para. 50 not in force at Royal Assent see s. 135; Sch. 9 para. 50 in force at 31.10.1997 by S.I. 1997/2390, art. 2 (with arts. 3-7(but the said arts. 4-7 were revoked (1.4.1998) by S.I. 1998/354, art. 7))

Landlord and Tenant Act 1985 (c. 70)U.K.

51U.K.F751. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F751Sch. 9 para. 51 repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)

Landlord And Tenant Act 1987 (c. 31)U.K.

52U.K.F752. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F752Sch. 9 para. 52 repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)

Income and Corporation Taxes Act 1988 (c.1)U.K.

53U.K.F753. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F753Sch. 9 para. 53 repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)

Dartford-Thurrock Crossing Act 1988 (c. 20)U.K.

F75454U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local Government Finance Act 1988 (c. 41)U.K.

55U.K.F755. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F755Sch. 9 para. 55 repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)

56U.K.In section 65A (which was inserted by section 3 of the M20Local Government and Rating Act 1997 and makes provision about Crown property), in subsection (4)(b) for the words from “or by a police authority” to the end there shall be substituted “ , a police authority established under section 3 of the Police Act 1996, the Service Authority for the National Criminal Intelligence Service or the Service Authority for the National Crime Squad ”.

Marginal Citations

Housing Act 1988 (c. 50)U.K.

57U.K.In Schedule 1 to the Housing Act 1988 (tenancies which cannot be assured tenancies), in paragraph 12 (local authority tenancies, etc.), in sub-paragraph (2)(g), after “1996” there shall be inserted “ , the Service Authority for the National Criminal Intelligence Service and the Service Authority for the National Crime Squad ”.

Commencement Information

I46Sch. 9 para. 57 wholly in force at 31.10.1997; Sch. 9 para. 57 not in force at Royal Assent see s. 135; Sch. 9 para. 57 in force at 31.10.1997 by S.I. 1997/2390, art. 2 (with arts. 3-7(but the said arts. 4-7 were revoked (1.4.1998) by S.I. 1998/354, art. 7))

Road Traffic Act 1988 (c. 52)U.K.

F75658U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F75659U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Security Service Act 1989 (c. 5)U.K.

F75660U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F75661U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Official Secrets Act 1989 (c. 6)U.K.

F75662U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Town and Country Planning Act 1990 (c. 8)U.K.

63U.K.F757. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F757Sch. 9 para. 63 repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)

Aviation and Maritime Security Act 1990 (c. 31)U.K.

64U.K.In section 22 of the Aviation and Maritime Security Act 1990 (power to require harbour authorities to promote searches in harbour areas), in subsection (4)(b)—

(a)the words “who is a member of a body of constables maintained” shall be omitted,

(b)at the beginning of both sub-paragraph (i) and sub-paragraph (ii) there shall be inserted “ who is a member of a body of constables maintained ”, and

(c)at the end of sub-paragraph (ii) there shall be inserted , or

(iii)who is a member of the National Criminal Intelligence Service within section 9(1)(a) or (b) of the Police Act 1997 or a member of the National Crime Squad within section 55(1)(a) or (b) of that Act..

Road Traffic Act 1991 (c. 40)U.K.

65U.K.Section 47 of the Road Traffic Act 1991 (applications for licences to drive hackney carriages etc.) shall cease to have effect.

Commencement Information

I47Sch. 9 para. 65 partly in force; Sch. 9 para. 65 not in force at Royal Assent, see s. 135(1); Sch. 9 para. 65 in force for E.W. at 1.3.2002 by S.I. 2002/413, art. 2

Local Government Finance Act 1992 (c. 14)U.K.

66U.K.In section 19 of the Local Government Finance Act 1992 (exclusion of Crown exemption in certain cases), in subsection (3), for “and” at the end of paragraph (c) there shall be substituted—

(ca)the Service Authority for the National Criminal Intelligence Service;

(cb)the Service Authority for the National Crime Squad;.

Commencement Information

I48Sch. 9 para. 66 wholly in force at 31.10.1997; Sch. 9 para. 66 not in force at Royal Assent see s. 135; Sch. 9 para. 66 in force at 31.10.1997 by S.I. 1997/2390, art. 2 (with arts. 3-7(but the said arts. 4-7 were revoked (1.4.1998) by S.I. 1998/354, art. 7))

67U.K.F758. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F758Sch. 9 para. 67 repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)

68U.K.F759. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F759Sch. 9 para. 68 repealed (1.4.2002) by 2001 c. 16, s. 137, Sch. 7 Pt. 5(1); S.I. 2002/344, art. 3(j)(m) (with transitional provisions in art. 4)

Tribunals and Inquiries Act 1992 (c.53)U.K.

F76069U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F76170U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Criminal Appeals Act 1995 (c. 35)U.K.

71(1)Section 22 of the Criminal Appeals Act 1995 (meaning of “public body” etc.) shall be amended as follows.U.K.

(2)In subsection (2)—

F762(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)for paragraph (b) (meaning of “chief officer of police”) there shall be substituted—

(b)references to the chief officer of police—

(i)in relation to the [F763Police Service of Northern Ireland] and the [F763Police Service of Northern Ireland Reserve], are to the Chief Constable of the Constabulary,

(ii)in relation to the National Crime Squad, are to the Director General of the Squad, and

(iii)in relation to any other police force maintained otherwise than by a police authority, are to the chief constable,,

F762(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F762(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F764(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Police Act 1996 (c. 16)U.K.

72U.K.The Police Act 1996 shall be amended as follows.

Commencement Information

I49Sch. 9 para. 72 wholly in force at 31.10.1997; Sch. 9 para. 72 not in force at Royal Assent see s. 135; Sch. 9 para 72 in force at 31.10.1997 by S.I. 1997/2390, art. 2 (with arts. 3-7(but the said arts. 4-7 were revoked (1.4.1998) by S.I. 1998/354, art. 7))

F76573U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F76674U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

75U.K.At the end of section 53 (regulations as to standards of equipment) (which becomes subsection (1)) there shall be added—

(2)The Secretary of State shall consult the Police Information Technology Organisation before making regulations under this section relating to information technology.

(3)In subsection (2) “information technology” includes any computer or other technology by means of which information or other matter may be recorded or communicated without being reduced to documentary form..

F76776U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F76877U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

78(1)Section 57 (common services) shall be amended as follows.U.K.

(2)After subsection (3) there shall be inserted—

(3A)Regulations under this section relating to all police forces may also require the National Crime Squad to use the specified facilities or services, or the facilities or services of a specified description, if the Secretary of State considers that it would be in the interests of the efficiency or effectiveness of the Squad for the Squad to do so..

(3)In subsection (4), at the end of paragraph (b) there shall be added , and

(c)if the regulations relate to the National Crime Squad, the Service Authority for the National Crime Squad and the Director General of that Squad..

(4)After subsection (4) there shall be added—

(5)The Secretary of State shall consult the Police Information Technology Organisation before making regulations under this section relating to information technology.

(6)In subsection (5) “information technology” includes any computer or other technology by means of which information or other matter may be recorded or communicated without being reduced to documentary form..

F76979U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F76980U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F76981U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I50Sch. 9 para. 81 wholly in force at 31.10.1997; Sch. 9 para. 81 not in force at Royal Assent see s. 135; Sch. 9 para. 81 in force at 31.10.1997 by S.I. 1997/2390, art. 2 (with arts. 3-7(but the said arts. 4-7 were revoked (1.4.1998) by S.I. 1998/354, art. 7))

F76982U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F76983U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F76984U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

85U.K.In section 88 (liability for wrongful acts of constables), in subsection (5)(b), after “or 98” there shall be inserted “ of this Act or section 23 of the Police Act 1997 ”.

86(1)Section 97 (police officers engaged on service outside their force) shall be amended as follows.U.K.

(2)In subsection (1), after paragraph (c) there shall be inserted—

(ca)temporary service with the National Criminal Intelligence Service on which a person is engaged with the consent of the appropriate authority;

(cb)temporary service with the National Crime Squad on which a person is engaged with the consent of the appropriate authority;

(cc)temporary service with the Police Information Technology Organisation on which a person is engaged with the consent of the appropriate authority;.

F770(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F770(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I51Sch. 9 para. 86 wholly in force at 31.10.1997; Sch. 9 para. 86 not in force at Royal Assent see s. 135; Sch. 9 para. 86 in force at 31.10.1997 by S.I. 1997/2390, art. 2 (with arts. 3-7(but the said arts. 4-7 were revoked (1.4.1998) by S.I. 1998/354, art. 7))

F77187U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Employment Rights Act 1996 (c. 18)U.K.

F77288U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Housing Grants, Construction and Regeneration Act 1996 (c. 53)U.K.

89U.K.In section 3 of the Housing Grants, Construction and Regeneration Act 1996 (persons ineligible for grant under Chapter I of Part I of that Act), in subsection (2), for paragraph (g) there shall be substituted—

(g)a police authority established under section 3 of the Police Act 1996, the Service Authority for the National Criminal Intelligence Service or the Service Authority for the National Crime Squad;.

F77390U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Juries (Northern Ireland) Order 1996 (NI 6)U.K.

91U.K.In Schedule 2 to the Juries (Northern Ireland) Order 1996 (persons ineligible for jury service), after the entry for members and staff of the [F774Northern Ireland Policing Board] there shall be inserted—

Members of the National Criminal Intelligence Service, members of the Service Authority for the National Criminal Intelligence Service and persons employed by the Authority..

Textual Amendments

F774Words in Sch. 9 para. 91 substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 20(3); S.R. 2001/396, art. 2, Sch.

Commencement Information

I52Sch. 9 para. 91 wholly in force at 31.10.1997; Sch. 9 para. 91 not in force at Royal Assent see s. 135; Sch. 9 para. 91 in force at 31.10.1997 by S.I. 1997/2390, art. 2 (with arts. 3-7(but the said arts. 4-7 were revoked (1.4.1998) by S.I. 1998/354, art. 7))

Justices of the Peace Act 1997 (c.25)U.K.

F77592U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F775Sch. 9 para. 92 repealed (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 10; S.I. 2005/910, art. 3(aa)

Section 134(2).

SCHEDULE 10U.K. Repeals

Extent Information

E10The repeals in Sch. 10 have the same extent as the enactments to which they refer.

Commencement Information

I53Sch. 10 partly in force; Sch. 10 not in force at Royal Assent see s. 135(1); Sch. 10 in force for certain purposes at: 1.4.1998 by S.I. 1998/354, art. 2(2)(ay)(bc); 1.3.2002 for E.W. by S.I. 2002/413, art. 2

ChapterShort titleExtent of repeal
1967 c. 77.Police (Scotland) Act 1967.In section 39(4), the word “or” in the third place where it occurs.
1967 c. 88.Leasehold Reform Act 1967.In section 28(5)(a), the word “and” in the second place where it occurs.
1972 c. 70.Local Government Act 1972.In section 146A(1A), the word “not”. In section 223(2), the word “and”.
1976 c. 35.Police Pensions Act 1976.After section 11(2)(a), the word “and”.
1976 c. 57.Local Government (Miscellaneous Provisions) Act 1976.Sections 51(1A) and 59(1A).
1986 c. 60.Financial Services Act 1986.Section 189. Schedule 14.
1987 c. 22.Banking Act 1987.Section 95.
1989 c. 5.Security Service Act 1989.Section 2(3B).
1990 c. 31.Aviation and Maritime Security Act 1990.In section 22(4)(b), the words “who is a member of a body of constables maintained”.
1991 c. 40.Road Traffic Act 1991.Section 47.
1993 c. 21.Osteopaths Act 1993.Section 39.
1993 c. 39.National Lottery etc. Act 1993.Section 19.
1994 c. 17.Chiropractors Act 1994.Section 40.
1995 c. 25.Environment Act 1995.In Schedule 22, paragraph 17(a).
1996 c. 16.Police Act 1996.In section 62(1), at the end of paragraph (b) the word “or”. In section 98(4), the word “or” in the sixth place it occurs.
1996 c. 35.Security Service Act 1996.Section 1(3).