Police Act 1997 (c. 50)

Part V U.K. Certificates of Criminal Records, &c.

Modifications etc. (not altering text)

C1 Pt. 5 (ss. 112-127) explained (prosp) by 1998 c. 29, s. 56(4)

113 Criminal record certificates. U.K.

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

(a) makes an application under this section in the prescribed form countersigned by a registered person, and

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

(2) An application under this section must 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, or

(b) states that there is no such matter.

[F1 (3A) If an application under this section is accompanied by a statement by the registered person that the certificate is required for the purpose of considering the applicant’s [F2 suitability to be employed, supplied to work, found work or given work in] a position (whether paid or unpaid) within subsection (3B), [F3 or his suitability to adopt a child,] the criminal record certificate shall also state—

(a) whether the applicant is included [F4 in—

(i) the list kept under section 1 of the M1 Protection of Children Act 1999;

(ii) [F5 in the case of the 1988 Act list, the grounds on which he is so included; or]

(iii) [F5 in the case of the 1996 Act list, the grounds on which he was disqualified under section 470 or 471.]]]

[F6 (b) if he is included in the list kept under section 1 of the Protection of Children Act 1999 (c. 14), such details of his inclusion as may be prescribed;]

[F7 (c) whether he is subject to a direction under section 142 of the Education Act 2002; and

(d) if he is subject to a direction under that section, such details of the circumstances in which it was given as may be prescribed, including the grounds on which it was given.]

(3B) A position is within this subsection if it is—

(a) a child care position within the meaning of the Protection of Children Act 1999;

[F8 (b) a position which involves work to which section 142 of the Education Act 2002 applies;]

(c) [F9 a position such that the holder’s access to persons aged under 19 may be prohibited or restricted by regulations under subsection (6A) of that section; or]

(d) a position of such other description as may be prescribed;

[F10 and the reference to employment or further employment in paragraph (b) shall be construed in accordance with subsection (13) of that section.]

[F11 (3E) The references in subsections (3A) and (3C) to suitability to be employed, supplied to work, found work or given work in a position falling within subsection (3B) or (3D) include references to suitability to be registered—

(a) under Part II of the Care Standards Act 2000 (establishments and agencies);

(b) under Part IV of that Act (social care workers); or

(c) [F12 for child minding or providing day care under section 71 of the Children Act 1989] or Article 118 of the M2 Children (Northern Ireland) Order 1995 (child minding and day care).]

[F13 (3F) The references in subsections (3A) and (3C) to considering the applicant’s suitability to be employed, supplied to work, found work or given work in a position falling within subsection (3B) or (3D) include references to considering, for the purposes of Part 10A of the Children Act 1989 (child minding and day care in England and Wales), his suitability—

(a) to look after or be in regular contact with children under the age of eight, or

(b) in the case of an applicant for or holder of a certificate under section 79W of that Act, or a person prescribed under subsection (4) of that section, to look after children within the meaning of that section.]

(4) The Secretary of State shall send a copy of a criminal record certificate to the registered person who countersigned the application.

(5) 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 M3 Rehabilitation of Offenders Act 1974 (effect of rehabilitation) has been excluded by an order of the Secretary of State under section 4(4);

• “relevant matter” means—

  (i)

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

  (ii)

  a caution.

Textual Amendments

F1 S. 113(3A)(3B) inserted (E.W.N.I.) (12.3.2002 for E.W., otherwise prosp.) by 1999 c. 14, ss. 8(1), 14(2); S.I. 2002/1436, art. 2

F2 Words in s. 113(3A) substituted (2.7.2001 (E.), 1.4.2002 (W.) and otherwise prosp.) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 25(1); S.I. 2001/2041, art. 2(1)(d)(i) (with transitional provisions and savings in art. 3, Sch.); S.I. 2002/920, art. 3(3)(d) (subject to art. 3(2)(4)-(10), Schs. 1-3)

F3 Words in s. 113(3A) inserted (18.3.2002 for E.W., otherwise prosp.) by 2000 c. 14, ss. 104(2)(a), 122; S.I. 2002/629, art. 2(2)(b)(ii)

F4 S. 113(3A)(a)(i)-(iii)(b) and word substituted (18.3.2002 for E.W., otherwise prosp.) for s. 113(3A)(b) and words by 2000 c. 14, ss. 102(1), 122; S.I. 2002/629, art. 2(2)(a)

F5 S. 113(3A)(a)(ii)(iii) repealed (31.3.2003 for W., otherwise prosp.) by Education Act 2002 (c. 32), ss. 215(1), 216, Sch. 21 para. 72(2)(a), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II

F6 S. 113(3A)(b) substituted (31.3.2003 for W., otherwise prosp.) by Education Act 2002 (c. 32), ss. 215(1), 216, Sch. 21 para. 72(2)(b) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II

F7 S. 113(3A)(c)(d) inserted (31.3.2003 for W., otherwise prosp.) by Education Act 2002 (c. 32), ss. 215(1), 216, Sch. 21 para. 72(2)(c) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II

F8 S. 113(3B)(b) substituted (31.3.2003 for W., otherwise prosp.) by Education Act 2002 (c. 32), ss. 215(1), 216, Sch. 21 para. 72(3)(a) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II

F9 S. 113(3B)(c) repealed (31.3.2003 for W., otherwise prosp.) by Education Act 2002 (c. 32), ss. 215, 216, Sch. 21 para. 72(3)(b), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II

F10 Words in s. 113(3B) repealed (31.3.2003 for W., otherwise prosp.) by Education Act 2002 (c. 32), ss. 215, 216, Sch. 21 para. 72(3)(c), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II

F11 S. 113(3E) inserted (18.3.2002 (E.W.) for certain purposes, 1.4.2002 (E.W.) for certain further purposes and otherwise prosp.) by 2000 c. 14, ss. 104(2)(b), 122; S.I. 2002/629, art. 2(2)(b)(iii)(3)(b)

F12 Words in s. 113(3E)(c) substituted (E.) (20.1.2003) for the words "for child minding or providing day care under Part XA of the Children Act 1989" by The Education Act 2002 (Modification of Provisions) (No. 2) (England) Regulations 2002 (S.I. 2002/2953), reg. 3

F13 S. 113(3F) inserted (1.10.2002 except in relation to W., 19.12.2002 otherwise) by Education Act 2002 (c. 32), s. 152, Sch. 13 para. 7(3) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. 1

Modifications etc. (not altering text)

C2 S. 113(3E)(c) modified (W.) (19.12.2002) by The Education Act 2002 (Transitional Provisions) (Wales) Regulations 2002 (S.I. 2002/3184), reg. 8

Commencement Information

I1 S. 113 partly in force; s. 113 not in force at Royal Assent, see s. 135(1); s. 113 in force for E.W. at 1.3.2002 and in force for S. at 25.4.2002 by S.I. 2002/413, art. 2 and S.S.I. 2002/124, art. 4

Marginal Citations

M1 1999 c. 14.

M2 S.I. 1995/755 (N.I. 2).

M3 1974 c. 53.