http://www.legislation.gov.uk/id/ukpga/1997/50

http://www.legislation.gov.uk/ukpga/1997/50/part/V/2018-02-17

Police Act 1997

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.

1997-03-21

text

text/xml

Statute Law Database

2024-06-20

Expert Participation

2018-02-17

Police Act 1997

s. 115(5)(ga)

Private Security Industry Act 2001

s. 21

s. 26(2)

Police Act 1997

s. 118(2ZA)

The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012

art. 37(j)

Pt. 4

art. 1(1)

Police Act 1997

s. 113(4A)

Serious Organised Crime and Police Act 2005

s. 167(a)

s. 178(1)(a)

Police Act 1997

s. 115(9A)

(9B)

Serious Organised Crime and Police Act 2005

s. 167(a)

s. 178(1)(a)

Police Act 1997

s. 113(3G)

Education Act 2002

Sch. 12

para. 14

s. 210(8)

214(4)

s. 216(4)

art. 2

Police Act 1997

s. 115(5)(ec)

Education Act 2002

Sch. 12

para. 15(2)

s. 210(8)

214(4)

s. 216(4)

art. 2

Police Act 1997

s. 115(6BB)

Education Act 2002

Sch. 12

para. 15(3)

s. 210(8)

214(4)

s. 216(4)

art. 2

Police Act 1997

s. 113(3EA)

(3EB)

The Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003

art. 17(4)

art. 1(3)

art. 2

Police Act 1997

s. 113(3EC)

(3ED)

The Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003

art. 47(3)

art. 1(3)

art. 2

Police Act 1997

s. 113(3G)

Protection of Children (Scotland) Act 2003

s. 12(1)(c)

s. 22(2)

art. 2(1)

Police Act 1997

s. 113(4A)

Criminal Justice Act 2003

Sch. 35

para. 3(3)

s. 336(3)

(4)

Police Act 1997

s. 115(5)(ec)

Protection of Children (Scotland) Act 2003

s. 12(1)(c)

s. 22(2)

art. 2(1)

Police Act 1997

s. 115(6BB)

Protection of Children (Scotland) Act 2003

s. 12(1)(c)

s. 22(2)

art. 2(1)

Police Act 1997

s. 115(6EA)

The Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003

art. 17(5)

art. 1(3)

art. 2

Police Act 1997

s. 115(6EB)

The Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003

art. 47(4)

art. 1(3)

art. 2

Police Act 1997

s. 115(9A)

(9B)

Criminal Justice Act 2003

Sch. 35

para. 4(5)

s. 336(3)

(4)

Police Act 1997

s. 112(2A)

Policing and Crime Act 2009

s. 93

s. 116(1)

Police Act 1997

s. 118(2ZA)

Policing and Crime Act 2009

s. 95

s. 116(1)

Police Act 1997

s. 113(3)(e)

The Police Act 1997 Amendment (Scotland) Order 2006

art. 2(2)

art. 1(2)

Police Act 1997

s. 121(a)

Police, Public Order and Criminal Justice (Scotland) Act 2006

s. 3(8)(a)

s. 104(1)

Police Act 1997

Pt. 5

Disclosure (Scotland) Act 2020

sch. 5

para. 3

s. 96

s. 97

Police Act 1997

Sch. 8B

para. 102(ea)

Protection from Sex-based Harassment in Public Act 2023

s. 3(2)

s. 4(3)

Police Act 1997

s. 112(2A)

Justice Act (Northern Ireland) 2011

Justice Act (Northern-Ireland) 2011

s. 101

s. 111(3)

Police Act 1997

s. 113A(6A)-(6C)

Children’s Hearings (Scotland) Act 2011

Children's Hearings (Scotland) Act 2011

s. 188(b)

s. 186

s. 206(2)

Police Act 1997

Sch. 8A

para. 34G

The Anaesthesia Associates and Physician Associates Order 2024

Sch. 5

para. 3

art. 1(3)

C1 C24 C4 C3 C15 C16 C17 Part V Certificates of Criminal Records, &c.

Annotations:

Modifications etc. (not altering text)

Pt. 5 power to apply (with modifications) conferred (E.W.) (7.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 163(4), 178(2)

C24

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

Pt. 5 modified (temp.) (S.) (20.1.2009) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Transitory Provisions in Consequence of the Safeguarding Vulnerable Groups Act 2006) Order 2009 (S.S.I. 2009/4), arts. 1(2), 5 (with art. 3)

C15

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

C16

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

C17

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

I1 I29 I37112 Criminal conviction certificates.

1

~~F203The Secretary of State~~F203DBS shall issue a criminal conviction certificate to any individual who—

a

makes an application F56...,

F160aa

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

b

~~F10pays any fee that is payable in relation to the application under regulations made by the Secretary of State.~~

F10pays in the prescribed manner any prescribed fee

2

A criminal conviction certificate is a certificate which—

a

gives the prescribed details of every conviction F161or conditional caution of the applicant which is recorded in central records, or

b

states that there ~~F162is no such conviction~~F162are no such convictions and conditional cautions.

3

In this section—

“central records” means such records of convictions F76and conditional cautions held for the use of police forces generally as may be prescribed;
F77“conditional caution” means a caution given under section 22 of the Criminal Justice Act 2003 (c. 44) or section 66A of the Crime and Disorder Act 1998, other than one that is spent for the purposes of Schedule 2 to the Rehabilitation of Offenders Act 1974.
“conviction” means a conviction within the meaning of the M1Rehabilitation of Offenders Act 1974, other than a spent conviction.

4

Where an applicant has received a criminal conviction certificate, ~~F204the Secretary of State~~F204DBS may refuse to issue another certificate to that applicant during such period as may be prescribed.

F25113 Criminal record certificates.

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

in F327its opinion the certificate is required for a purpose prescribed under subsection (2) of that section,

b

the registered person provides F209it with the statement required by that subsection, and

c

the applicant consents and pays to F208DBS the amount (if any) by which the fee payable in relation to an application under that section exceeds the fee paid in relation to the application under this section.

6

In this section—

“central records” means such records of convictions and cautions held for the use of police forces generally as may be prescribed;
“exempted question” means a question F78which—
1. a
  so far as it applies to convictions, is a question in relation to which section 4(2)(a) or (b) of the Rehabilitation of Offenders Act 1974 (effect of rehabilitation) has been excluded by an order of the Secretary of State under section 4(4) of that Act; F79and—
2. b
  so far as it applies to cautions, is a question to which paragraph 3(3) or (4) of Schedule 2 to that Act has been excluded by an order of the Secretary of State under paragraph 4 of that Schedule;
F287“relevant matter”, in this section as it has effect in England and Wales, means—
1. a
  in relation to a person who has one conviction only—
  1. i
    a conviction of an offence within subsection (6D);
  2. ii
    a conviction in respect of which a custodial sentence or a sentence of service detention was imposed; or
  3. iii
    a current conviction;
2. b
  in relation to any other person, any conviction;
3. c
  a caution given in respect of an offence within subsection (6D);
4. d
  a current caution.

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

m

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

n

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

o

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

6E

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

a

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

b

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

c

a person’s conviction is a current conviction if—

i

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

ii

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

d

a caution given to a person is a current caution if—

i

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

ii

the person was aged under 18 on the date it was given and that date fell within the 2 year period ending with the day on which the certificate is issued;

e

“custodial sentence” and “sentence of service detention” have the same meaning as in section 5(8) of the Rehabilitation of Offenders Act 1974.

6F

Section 139(1) and (4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (which amends section 5(8) of the Rehabilitation of Offenders Act 1974) is to be treated for the purposes of subsection (6E)(e) as being in force when subsection (6E)(e) comes into force.

F997

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.

F849

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 F207DBS under subsection (2A).

F16410

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

I30113AF326Criminal record certificates

6

In this section—

“central records” means such records of convictions and cautions held for the use of police forces generally as may be prescribed;
“exempted question” means a question in relation to which section 4(2)(a) or (b) of the Rehabilitation of Offenders Act 1974 (effect of rehabilitation) has been excluded by an order of the Secretary of State under section 4(4) of that Act;
F315“relevant matter”, in this section as it has effect in Northern Ireland, means–
1. a
  in relation to a person who has one conviction only–
  1. i
    a conviction of an offence within subsection (6D);
  2. ii
    a conviction in respect of which a sentence of imprisonment, a sentence of service detention or custodial order was imposed; or
  3. iii
    a current conviction;
2. b
  in relation to any other person, any conviction;
3. c
  a caution, restorative caution, diversionary youth conference or informed warning given in respect of an offence within subsection (6D);
4. d
  a current caution, restorative caution, diversionary youth conference or informed warning.

F3166D

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;

F396fff

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); and

ooo

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

6E

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

a

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

b

a person’s conviction is a current conviction if–

i

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

ii

the person was F318aged 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.

F997

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

8 F3409

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).

113AF326Criminal record certificates

1

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

c

F1145A

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

6

In this section—

“central records” means such records of convictions F116, cautions or other information held for the use of police forces generally as may be prescribed;
F384“conviction” means a conviction within the meaning of the Rehabilitation of Offenders Act 1974, including a spent conviction,
“exempted question” means a question in relation to which section 4(2)(a) or (b) of the Rehabilitation of Offenders Act 1974 (effect of rehabilitation) has been excluded by an order of the Secretary of State under section 4(4) of that Act;
“relevant matter” means—
1. a
  F385a conviction which is not a protected conviction,
2. b
  a caution which is not spent by virtue of schedule 3 of the Rehabilitation of Offenders Act 1974, and
3. c
  F117a prescribed court order.

F215DBS may treat an application under this section as an application under section 113A if in F216its opinion the certificate is not required for a purpose prescribed under subsection (2).

8

If by virtue of subsection (7) F217DBS treats an application under this section as an application under section 113A, F218it must refund to the applicant the amount (if any) by which the fee paid in relation to the application under this section exceeds the fee payable in relation to an application under section 113A.

9

In this section—

“central records”, “exempted question”, and “relevant matter” have the same meaning as in section 113A;
F171“relevant chief officer” means any chief officer of a police force who is identified by F214DBS for the purposes of making a request under subsection (4).
F172...

10

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

F28a

the Royal Navy Police;

c

the Royal Military Police;

d

the Royal Air Force Police;

e

the Ministry of Defence Police;

F313f

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

F313g

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

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 F314National Crime Agency (and for this purpose a reference to the chief officer of a police force must be taken to be a reference to the Director General of the Agency);

c

such other department or body as is prescribed (and regulations may prescribe in relation to the department or body the person to whom a reference to the chief officer is to be taken to be).

F8612

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 F212DBS under subsection (2A).

F16713

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

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

8

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

9

In this section—

“central records”, “exempted question”, and “relevant matter” have the same meaning as in section 113A;
F336relevant chief officer” means any chief officer of a police force who is identified by the Department for the purposes of making a request under subsection (4);
F337...

C2510

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

F28a

the Royal Navy Police;

c

the Royal Military Police;

d

the Royal Air Force Police;

e

the Ministry of Defence Police;

F313f

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

F313g

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

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.

C2511

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 F314National Crime Agency (and for this purpose a reference to the chief officer of a police force must be taken to be a reference to the Director General of the Agency);

c

such other department or body as is prescribed (and regulations may prescribe in relation to the department or body the person to whom a reference to the chief officer is to be taken to be).

F34112

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).

113BF326Enhanced criminal record certificates

“central records”, “exempted question”, and “relevant matter” have the same meaning as in section 113A;
“relevant police force”, in relation to an application under this section, means a police force which is a relevant police force in relation to that application under regulations made by the Secretary of State.

10

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

F28a

the Royal Navy Police;

c

the Royal Military Police;

d

the Royal Air Force Police;

e

the Ministry of Defence Police;

F313f

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

F313g

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

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 F314National Crime Agency (and for this purpose a reference to the chief officer of a police force must be taken to be a reference to the Director General of the Agency);

c

such other department or body as is prescribed (and regulations may prescribe in relation to the department or body the person to whom a reference to the chief officer is to be taken to be).

C12 C8113BAF98Suitability information relating to children

1

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

2

Suitability information relating to children is—

a

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

F159b

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

F159c

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

F159d

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

F319e

whether the applicant is subject to a direction under F320section 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 F321in 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.

113BAF112Information held outside the United Kingdom

1

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

a

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

b

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

c

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

d

“relevant matter” in section 113A(6),

e

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

2

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

3

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

C13 C9113BBF98Suitability information relating to vulnerable adults

1

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

2

Suitability information relating to vulnerable adults is —

a

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

F173b

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

F173c

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

F173d

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

3

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

4

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

113BCSuitability information: power to amend

1

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

a

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

b

amend section 113BB for the purpose of altering the meaning of suitability information relating to vulnerable adults F174;

c

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

F358c

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.

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

iv

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

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

iv

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

113CCSuitability information: supplementary

1

The Scottish Ministers may by order made by statutory instrument—

a

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

b

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

2

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

3

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

F113113CCriminal record certificates: suitability relating to children

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

F113113DCriminal record certificates: suitability relating to adults

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

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

5

~~In this section—~~

~~“criminal record certificate” has the same meaning as in section 113A;~~
~~“enhanced criminal record certificate” has the same meaning as in section 113B;~~
~~“children's suitability statement” “, specified children's direction” and “specified children's list” have the same meaning as in section 113C;~~
~~“adults' suitability statement” and “specified adults' list” have the same meaning as in section 113D.~~

F113113FCriminal record certificates: supplementary

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

I2 I32114 Criminal record certificates: Crown employment.

1

~~F221The Secretary of State~~F221DBS shall issue a criminal record certificate to any individual who—

a

makes an application under this section F58...,

F176aa

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

F359aa

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

F11b

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

F11b

pays in the prescribed manner any prescribed fee

2

An application under this section must be accompanied by a statement by ~~F124a Minister of the Crown~~F124a 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.

F1232A

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

~~F175F101Section 113A(3) to (6)~~F175Sections 113A(3) to (6), 120AC and 120AD shall apply in relation to this section with any necessary modifications.

F26 E2115 Enhanced criminal record certificates.

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

F26 E3115 Enhanced criminal record certificates.

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

F72Sections 113B(3) to (11) ~~F360and~~ ~~F283113BA to 113BC~~F360, 113BA to 113BC, 120AC and 120ADF127113CA to 113CC shall apply in relation to this section with any necessary modifications.

116ZAF380Copies of criminal record certificate or enhanced criminal record certificate

1

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).

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).

116AF290Up-dating certificates

1

F305DBS 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

c

in the case of an enhanced criminal record certificate, is as described in section 120AC(4).

11

In this section—

“central records” has the same meaning as in section 113A,
“criminal record certificate” includes a certificate under section 114,
“enhanced criminal record certificate” includes a certificate under section 116,
“exempted question” has the same meaning as in section 113A,
“relevant person” means—
1. a
  in relation to a criminal conviction certificate—
  1. i
    the individual whose certificate it is, or
  2. ii
    any person authorised by the individual,
2. b
  in relation to a criminal record certificate—
  1. i
    the individual whose certificate it is, or
  2. ii
    any person who is authorised by the individual and is seeking the information for the purposes of an exempted question, and
3. c
  in relation to an enhanced criminal record certificate—
  1. i
    the individual whose certificate it is, or
  2. ii
    any person who is authorised by the individual and is seeking the information for the purposes of an exempted question asked for a purpose prescribed under section 113B(2)(b).

I4 I34117 Disputes about F294accuracy of certificatesF294certificates and up-date information.

1

Where an applicant for a certificate under any of sections 112 to 116 believes that the information contained in the certificate is inaccurate he may make an application ~~F62in writing~~ to ~~F223the Secretary of State~~F223DBS for a new certificate.

F1781A

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 F224DBS for a decision as to whether or not the information is inaccurate.

F3621A

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.

F2951B

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 F310DBS for corrected up-date information.

2

~~F225The Secretary of State~~F225DBS shall consider any application under this section; and where ~~F226he~~F226it is of the opinion that the information in the certificate is inaccurate F297, or that the wrong up-date information has been given,~~F226he~~F226it shall issue a new certificate F298or (as the case may be) corrected up-date information.

F2962A

In this section—

“corrected up-date information”, in relation to a certificate, means information which includes—
1. a
  information that the wrong up-date information was given in relation to the certificate on a particular date, and
2. b
  new up-date information in relation to the certificate,
“up-date information” has the same meaning as in section 116A.

F633

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

F3934

The Scottish Ministers, on receiving such a request, must ask the chief officer of the relevant police force who provided that information to reconsider whether—

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.

F3925

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

In issuing such a certificate, F228DBS 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.

117AE12F345Other disputes about section 113B(4) information

1

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

a

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

b

ought not to be included in the certificate.

2

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

3

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

8

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

117BF395Review of criminal record certificates

Schedule 8A (which provides for an independent review of certain criminal record certificates) has effect.

I5 I35118 Evidence of identity.

1

~~F229The Secretary of State~~F229DBS may refuse to issue a certificate under this Part, or to consider F363an application as mentioned in section 116A(4)(a) or (5)(a) or an application under section 117 F364, 117AF68or 120, unless the application is supported by such evidence of identity as ~~F230he~~F230it may require.

2

In particular, ~~F232the Secretary of State~~F232DBS 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.

F692A

For the purpose of verifying evidence of identity supplied in pursuance of subsection (1) ~~F284the Secretary of State~~F284DBS may obtain such information as ~~F231he~~F231it thinks is appropriate from data held—

a

by the ~~F64United Kingdom Passport Agency~~F64Identity 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.

F652B

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.

F663

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

F663

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).

F2993A

F311DBS 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 F311DBS to verify whether information in the possession of F311DBS that F311DBS 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), F311DBS 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 F365or 117A where a new certificate is issued.

I6 I36 C10119 Sources of information.

1

Any person who holds records of convictions ~~F128or cautions~~F128, cautions or other information for the use of police forces generally shall make those records available to ~~F235the Secretary of State~~F235DBS~~F5for the purposes of an application~~ ~~F6(whether for a certificate or for registration)~~ ~~under this Part.~~F5for the purpose of enabling ~~F236him~~F236it to carry out ~~F102his functions under this Part in relation to—~~

a

~~any application for a certificate or for registration; or~~

b

F302aa

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;

F181c

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

d

~~F247under paragraph 1, 2, 7 or 8 of Schedule 3 to~~ ~~F182the Safeguarding Vulnerable Groups Act 2006~~ ~~(considering whether criteria prescribed for the purpose of that paragraph apply to an individual).~~

119AF14Further sources of information: Scotland

1

Any person who holds, in Scotland, records of convictions F131or 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 F129, 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 F130... .

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.

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 F370or section 117A.

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 F15section 120A and regulations under subsection (3), the Secretary of State shall include in the register any person who applies to him F55... 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,

F16aa

the nomination by—

i

a body corporate or unincorporate; or

ii

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 F32113A.

In this section “ exempted question ” has the same meaning as in section F32113A .

I20120ZAF47Regulations about registration

1

The Secretary of State may by regulations make further provision about registration.

2

Regulations under this section may in particular make provision for—

a

the payment of fees,

b

the information to be included in the register,

c

the registration of any person to be subject to conditions,

d

the nomination by—

i

a body corporate or unincorporate, or

ii

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

of the individuals authorised to act for it or, as the case may be, him in relation to the countersigning of applications under this Part F373or the transmitting of applications under section 113A(2A) or 113B(2A), and

e

the refusal by ~~F274the Secretary of State~~F274DBS, 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 ~~F275the Secretary of State~~F275DBS thinks fit, and

b

for ~~F275the Secretary of State~~F275DBS 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 F374acting 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 F23113A or 113B to be transmitted by electronic means to ~~F273the Secretary of State~~F273DBS by the F372person 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.

120ZBF109Regulations about registration

1

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

2

Regulations under this section may in particular make provision for—

a

the payment of fees;

b

the information to be included in the register;

c

the registration of any person to be subject to conditions;

d

the nomination by—

i

a body corporate or unincorporated; or

ii

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).

an applicant for registration;

ii

a registered person; or

iii

an individual who is likely to have access to information in consequence of F91a 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 F195DBS has notified to the chief officer to be a matter which, in the opinion of F195DBS, is relevant to the determination of the suitability of individuals for having access to the information that may be provided in consequence of F92a 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 F33113A.

F516

F1537

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.

C7120AE6F13Refusal and cancellation of registration: Scotland

1

The Scottish Ministers may refuse to include a person in, or may remove a person from, a register maintained under section 120 for the purposes of this Part if it appears to them that the registration of that person is likely to make it possible for information to become available to an individual who, in their opinion, is not a suitable person to have access to that information.

2

The Scottish Ministers may also remove a person from any such register if it appears to them that the registration of that person has resulted in information becoming known to such an individual.

3

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

a

any information relating to the individual which concerns a relevant matter (“relevant matter” having the same meaning as in section F19113A);

b

whether that person is included in any list mentioned in section F20113C(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 F18such fee as they consider appropriate.

F526

F217

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.

an applicant for registration;

ii

a registered person; or

iii

an individual who is likely to have access to information in consequence of F352 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 F357 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 F33113A.

F516

F1537

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.

F254DBS may refuse the application.

The Department may refuse the application.

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.

120ACE16F144Registered persons: information on progress of an application

1

F265DBS 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, F266DBS 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,

F267DBS may inform the person who made the request that the certificate was such a certificate.

5

If no certificate has been issued, F268DBS must inform the person who made the request of such other matters relating to the processing of the application as F268DBS considers appropriate.

6

Subject to subsections (2) to (4), nothing in this section permits F269DBS 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

F270DBS may refuse a request under subsection (1) if it is made after the end of a prescribed period beginning with the day on which the certificate was issued.

8

In this section—

“central records” and “relevant matter” have the same meaning as in section 113A,
“suitability information” means information required to be included in a certificate under section 113B by virtue of section 113BA or 113BB.

9

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

120ACE17F346Registered persons: information on progress of an application

1

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

2

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

3

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

4

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

a

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

b

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

i

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

ii

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

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

5

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

6

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

7

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

8

In this section—

“central records” and “relevant matter” have the same meaning as in section 113A;
“suitability information” means information required to be included in a certificate under section 113B by virtue of section 113BA or 113BB.

9

Expressions in subsection (4)(b) and in the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 have the same meaning in that paragraph as in that Order.

120ADE16Registered persons: copies of certificates in certain circumstances

1

Subsection (2) applies if—

a

F271DBS 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

F272DBS 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 F272DBS under section 113A(2A) or 113B(2A),

b

has informed F272DBS 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.

120ADE17F346Registered persons: copies of certificates in certain circumstances

1

Subsection (2) applies if—

a

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

b

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

c

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

2

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

a

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

b

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

c

no prescribed circumstances apply.

3

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

4

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

I9121 Performance by constables on central service in Scotland of functions under this Part.

~~F67In Scotland a constable engaged on central service (within the meaning of section 38 of the~~ M2~~Police (Scotland) Act 1967) may perform functions under this Part (other than functions~~ ~~F24 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.

E8 I10 I21122 Code of practice.

1

The Secretary of State shall publish, and may from time to time revise, a code of practice in connection with the use of information provided to F136, or the discharge of any function by, registered persons under this Part.

F2911A

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

F82Subsection (3A) applies if ~~F196the Secretary of State~~F196DBS thinks that the ~~F93registered person who countersigned~~F93person 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

~~F94countersigned~~F94acted as the registered person at the request of a body which, or individual who, has failed to comply with the code of practice.

F813A

~~F197The Secretary of State~~F197DBS may—

a

~~F344refuse to issue the certificate;~~

b

suspend the registration of the person;

c

cancel the registration of the person.

3B

Section 120AB applies if ~~F199the Secretary of State~~F199DBS proposes to suspend or cancel a person's registration under subsection (3A) above as it applies if ~~F202he~~F202it proposes to suspend or cancel a person's registration by virtue of section 120AA.

E9 I10 I21122 Code of practice.

1

The Secretary of State shall publish, and may from time to time revise, a code of practice in connection with the use of information provided to F9, 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

~~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.~~

122BF54Delegation of functions of Scottish Ministers

1

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

2

An excepted function is a function—

a

relating to the making of regulations or orders;

b

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

c

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

d

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

e

under section 125A.

3

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

4

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

I11 I23123 Offences: falsification, &c.

1

A person commits an offence if, with intent to deceive, he—

a

makes a false certificate under this Part,

b

alters a certificate under this Part,

c

uses a certificate under this Part which relates to another person in a way which suggests that it relates to himself, or

d

allows a certificate under this Part which relates to him to be used by another person in a way which suggests that it relates to that other person.

2

A person commits an offence if he knowingly makes a false statement for the purpose of obtaining, or enabling another person to obtain, a certificate under this Part.

3

A person who is guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.

I12 I24124 Offences: disclosure.

1

A member, officer or employee of a body registered under section 120 commits an offence if he discloses information provided following an application under section F35113A 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 ~~F97countersigned~~F97acted as the registered person in relation to the application, or

c

to an individual at whose request the registered body ~~F97countersigned~~F97acted as the registered person in relation to the relevant application.

2

Where information is provided under section F36113A or 113B following an application ~~F95countersigned~~F95in 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 F37113A or 113B following an application ~~F96countersigned by or at the request of an individual~~F96in 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 F38113A 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 ~~F375(5) or~~ (6)(a), (d), (e) or (f),

the person to whom the information is disclosed commits an offence (subject to ~~F379subsections (5) and (6)~~F379subsection (6)) if he discloses it to any other person.

5

~~F187Subsections (1) to (4) do not apply to a disclosure of information provided in accordance with section~~ ~~F40113B(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 F39113A or 113B which is made—

a

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

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.

F506

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.

F1526A

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

124AE7Review of certain decisions as to registration

1

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

2

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

a

the notice; and

b

the notification,

to the Secretary of State.

3

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

4

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

a

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

b

the period within which—

i

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

ii

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

124BF17Scottish annotated list of certificated persons

1

The Scottish Ministers shall maintain an annotated list for the purposes of this Part and shall include in that list all persons to whom a criminal record certificate, or as the case may be an enhanced criminal record certificate, has been issued under any of sections 113 to 116 of this Act.

2

The Scottish Ministers may make regulations about the maintenance of the list; and such regulations may, in particular, provide for—

a

the information to be included in the list;

b

the details to be provided, for the purposes of this section, by persons applying to be issued a criminal record certificate or enhanced criminal record certificate or countersigning any such application;

c

the procedure to be followed as respects the exercise of such discretion as is afforded them by subsection (3).

3

The Scottish Ministers may, as respects a person included in the list, if they are satisfied that it is appropriate to do so, notify the registered person who countersigned his application for the certificate in question (or on whose behalf that application was countersigned) or whomever else made the requisite statement which accompanied that application, about any relevant matter relating to the listed person (“relevant matter” having the same meaning as in section 113(5)) of which they become aware after issuing that certificate.

4

The Scottish Ministers are not to be satisfied as is mentioned in subsection (3) unless they are satisfied that the exempted question for the purpose of which the certificate was required remains relevant for the person to whom notification would, under that subsection, be given.

5

Regulations under paragraph (c) of subsection (2)—

a

shall provide for there to be an opportunity for a listed person to make representations as respects whether the Scottish Ministers should be satisfied as is mentioned in subsection (3) and require them to have regard to those representations before giving notification under that subsection; and

b

may require the person who would receive that notification (not being a person who is a Minister of the Crown) to provide them with such information as is in his possession and to which it would be appropriate for them to have regard as respects the exercise of the discretion mentioned in that paragraph.

I13 I26125 Regulations.

1

Anything authorised or required by any provision of this Part to be prescribed shall be prescribed by regulations made by the Secretary of State.

F3171A

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.

F733

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

4

In this Part—

“caution” means a caution given to a person in England and Wales or Northern Ireland in respect of an offence which, at the time when the caution is given, he has admitted;
“certificate” means any one or more documents issued in response to a particular application F377but does not include any documents issued in response to—
1. (a)
  a request under section 116A(1),
2. (b)
  an application as mentioned in section 116A(4)(a) or (5)(a), or
3. (c)
  a request under section 120AC or 120AD;
“chief officer” means—
1. i
  a chief officer of police of a police force in England and Wales,
2. ii
  F286the chief constable of the Police Service of Scotland, and
3. iii
  the Chief Constable of the F3Police Service of Northern Ireland;
F278“DBS” means the Disclosure and Barring Service established by section 87(1) of the Protection of Freedoms Act 2012;
F378“the Department” means the Department of Justice in Northern Ireland;
“government department” includes a Northern Ireland department;
“Minister of the Crown” includes a Northern Ireland department;
F135“office-holder in the Scottish Administration” has the same meaning as in the Scotland Act 1998 (c. 46);
“police authority” means—
1. i
  F285the Scottish Police Authority, and
2. ii
  the F4Northern Ireland Policing Board;
“police force” means—
1. i
  a police force in Great Britain, and
2. ii
  the F3Police Service of Northern Ireland and the F3Police Service of Northern Ireland Reserve;
“prescribed” shall be construed in accordance with section 125(1).
F394“protected conviction” is to be construed in accordance with section 126ZA.

2

In the application of this Part to Northern Ireland, a reference to the M3Rehabilitation of Offenders Act 1974, or to a provision of that Act, shall be construed as a reference to the M4Rehabilitation of Offenders (Northern Ireland) Order 1978 or, as the case may be, to the corresponding provision of that order.

F1053

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.

F293

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).

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

126ZBOffences in schedules 8A and 8B

1

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

2

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

126AF107Part 5: Modifications for Northern Ireland

1

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

2

Any reference to the Secretary of State, except in—

a

section 118(2A)(d),

b

~~F279section 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 ~~F281section 119 or~~ 119B(2), (4) or (4A),

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

3

~~F280Section 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.

I15 I28127 Saving: disclosure of information and records.

Nothing in sections 112 to 119 shall be taken to prejudice any power which exists apart from this Act to disclose information or to make records available.

C1C24C4C3C15C16C17 Part V Certificates of Criminal Records, &c.

I1I29I37112 Criminal conviction certificates.

1

a

F160aa

b

2

a

b

3

4

F25113 Criminal record certificates.

113AF326Criminal record certificates

C181

C5a

F163aa

b

2

a

b

F832A

a

b

3

a

b

F2934

5

a

b

c

6

F2886D

a

b

c

d

e

f

i

ii

iii

g

h

i

j

k

l

i

ii

m

n

o

6E

a

b

c

i

ii

d

i

ii

e

6F

F997

8

F849

a

b

F16410

I30113AF326Criminal record certificates

1

a

F328aa

b

2

a

b

F3382A

a

C1 C24 C4 C3 C15 C16 C17 Part V Certificates of Criminal Records, &c.

I1 I29 I37112 Criminal conviction certificates.