Part V Certificates of Criminal Records, &c.

F1113BEnhanced criminal record certificates

(1)

F2The Secretary of State F2DBS must issue an enhanced criminal record certificate to any individual who—

(a)

makes an application F3...,

F4(aa)

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

(b)

pays in the prescribed manner any prescribed fee.

(2)

The application must—

(a)

be countersigned by a registered person, and

(b)

be accompanied by a statement by the registered person that the certificate is required F5for the purposes of an exempted question asked for a prescribed purpose.

F6(2A)

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

(a)

the application is transmitted to F7the Secretary of State F7DBS electronically by a registered person who satisfies conditions determined by F7the Secretary of State F7DBS, and

(b)

it is transmitted in accordance with requirements determined by F7the Secretary of State F7DBS.

(3)

An enhanced criminal record certificate is a certificate which—

(a)

gives the prescribed details of every relevant matter relating to the applicant which is recorded in central records and any information provided in accordance with subsection (4), F8or

(b)

states that there is no such matter or information.

F8(or states that there is no such matter or information), and

(b)

if the applicant is subject to notification requirements under Part 2 of the Sexual Offences Act 2003 (c.42), states that fact.

(4)

Before issuing an enhanced criminal record certificate F9the Secretary of State F9DBS must request F10the chief officer of every relevant police force F10any relevant chief officer to provide any information which F11, in the chief officer's opinion—

(a)

F12might F12the chief officer reasonably believes to be relevant for the purpose described in the statement under subsection (2), and

(b)

F13in the chief officer's opinion, ought to be included in the certificate.

F14(4A)

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

(5)

F15The Secretary of State must also request the chief officer of every relevant police force to provide any information which, in the chief officer's opinion—

(a)

might be relevant for the purpose described in the statement under subsection (2),

(b)

ought not to be included in the certificate, in the interests of the prevention or detection of crime, and

(c)

can, without harming those interests, be disclosed to the registered person.

F16(5A)

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

(6)

F15The Secretary of State must send to F17the registered person who countersigned F17whoever acted as the registered person in relation to the application—

(a)

a copy of the enhanced criminal record certificate, and

(b)

any information provided in accordance with subsection (5).

(7)

F18The Secretary of State F18DBS may treat an application under this section as an application under section 113A if in F19his F19its opinion the certificate is not required for a purpose prescribed under subsection (2).

(8)

If by virtue of subsection (7) F20the Secretary of State F20DBS treats an application under this section as an application under section 113A, F21he F21it 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;

F22“relevant chief officer” means any chief officer of a police force who is identified by F23DBS for the purposes of making a request under subsection (4).

F24“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—

F25(a)

the Royal Navy Police;

(c)

the Royal Military Police;

(d)

the Royal Air Force Police;

(e)

the Ministry of Defence Police;

F26(f)

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

F26(g)

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

(h)

the British Transport Police;

(i)

the Civil Nuclear Constabulary;

(j)

the States of Jersey Police Force;

(k)

the salaried police force of the Island of Guernsey;

(l)

the Isle of Man Constabulary;

(m)

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

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

(11)

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

(a)

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

(b)

the F27National 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).

F28(12)

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

(a)

countersigns the application, or

(b)

transmits the application to F29DBS under subsection (2A).

F30(13)

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