C1C9C3C2C5C6C7 Part V Certificates of Criminal Records, &c.
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)
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), 4 (with art. 3)
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)
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)
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)
C8113BF45Enhanced criminal record certificates
1
F16DBS must issue an enhanced criminal record certificate to any individual who—
F9aa
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
F42A
But an application for an enhanced criminal record certificate need not be countersigned by a registered person if—
a
b
it is transmitted in accordance with requirements determined by F17DBS.
3
An enhanced criminal record certificate is a certificate which—
a
gives the prescribed details of every relevant matter relating to the applicant which is recorded in central records and any information provided in accordance with subsection (4), or
b
states that there is no such matter or information.
4
Before issuing an enhanced criminal record certificate F19DBS must request any relevant chief officer to provide any information which F11...—
a
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.
F84A
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.
F255
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F256
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
8
If by virtue of subsection (7) F23DBS treats an application under this section as an application under section 113A, F24it 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;
F14“relevant chief officer” means any chief officer of a police force who is identified by F20DBS for the purposes of making a request under subsection (4).
F15...
10
For the purposes of this section references to a police force include any of the following—
F1a
the Royal Navy Police;
c
the Royal Military Police;
d
the Royal Air Force Police;
e
the Ministry of Defence Police;
F26f
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F26g
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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);
F47ba
the tri-service serious crime unit (and for this purpose a reference to the chief officer of a police force must be taken to be a reference to the Provost Marshal for serious crime);
c
such other department or body as is prescribed (and regulations may prescribe in relation to the department or body the person to whom a reference to the chief officer is to be taken to be).
F512
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 F18DBS under subsection (2A).
F1013
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I1113BF45Enhanced criminal record certificates
1
The Secretary of State must issue an enhanced criminal record certificate to any individual who—
a
makes an application F2...,
F28aa
except in prescribed circumstances, is aged 16 or over at the time of making the application, and
b
pays in the prescribed manner any prescribed fee.
2
The application must—
a
be countersigned by a registered person, and
b
be accompanied by a statement by the registered person that the certificate is required F6for the purposes of an exempted question asked for a prescribed purpose.
F362A
But an application for an enhanced criminal record certificate need not be countersigned by a registered person if—
a
the application is transmitted to the Department electronically by a registered person who satisfies conditions determined by the Department, and
b
it is transmitted in accordance with requirements determined by the Department.
3
An enhanced criminal record certificate is a certificate which—
a
gives the prescribed details of every relevant matter relating to the applicant which is recorded in central records and any information provided in accordance with subsection (4), or
b
states that there is no such matter or information.
4
Before issuing an enhanced criminal record certificate the Secretary of State must request F29any relevant chief officer to provide any information which F30... —
a
F31the chief officer reasonably believes to be relevant for the purpose described in the statement under subsection (2), and
b
F32in the chief officer's opinion, ought to be included in the certificate.
F334A
The Department may from time to time publish guidance to chief officers as to the exercise of functions under subsection (4); and in exercising functions under that subsection a relevant chief officer must have regard to any guidance for the time being published under this subsection.
F385
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F386
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
The Secretary of State may treat an application under this section as an application under section 113A if in his opinion the certificate is not required for a purpose prescribed under subsection (2).
8
If by virtue of subsection (7) the Secretary of State treats an application under this section as an application under section 113A, he must refund to the applicant the amount (if any) by which the fee paid in relation to the application under this section exceeds the fee payable in relation to an application under section 113A.
9
In this section—
“central records”, “exempted question”, and “relevant matter” have the same meaning as in section 113A;
F34relevant 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);
F35...
C1010
For the purposes of this section references to a police force include any of the following—
F1a
the Royal Navy Police;
c
the Royal Military Police;
d
the Royal Air Force Police;
e
the Ministry of Defence Police;
F26f
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F26g
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
C1011
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);
F47ba
the tri-service serious crime unit (and for this purpose a reference to the chief officer of a police force must be taken to be a reference to the Provost Marshal for serious crime);
c
such other department or body as is prescribed (and regulations may prescribe in relation to the department or body the person to whom a reference to the chief officer is to be taken to be).
F3712
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).
113BF45Enhanced criminal record certificates
1
The Secretary of State must issue an enhanced criminal record certificate to any individual who—
a
makes an application F2..., and
b
pays in the prescribed manner any prescribed fee.
2
The application must—
a
be countersigned by a registered person, and
b
be accompanied by a statement by the registered person that the certificate is required for a prescribed purpose.
3
An enhanced criminal record certificate is a certificate which—
a
gives the prescribed details of every relevant matter relating to the applicant which is recorded in central records and any information provided in accordance with subsection (4), F7(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.
F393A
But an enhanced criminal record certificate must not give the details of a relevant matter if—
a
those details were excluded from another enhanced criminal record certificate by virtue of an order under section 116ZB(9)(b), and
b
it appears to the Scottish Ministers that the application under subsection (1) is made for the same purpose for which the application for the other certificate was made.
4
Before issuing an enhanced criminal record certificate the Secretary of State must request the chief officer of every relevant police force to provide any information which F43...—
F44a
the chief officer reasonably believes to be relevant for the purpose described in the statement under subsection (2), and
b
in the chief officer’s opinion, ought to be included in the certificate.
F464A
For the avoidance of doubt, information such as is mentioned in subsection (4) may include information with respect to relevant behaviour (within the meaning of section 5(1)(a) of the Age of Criminal Responsibility (Scotland) Act 2019).
F425
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35A
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) F40...
F416
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
The Secretary of State may treat an application under this section as an application under section 113A if in his opinion the certificate is not required for a purpose prescribed under subsection (2).
8
If by virtue of subsection (7) the Secretary of State treats an application under this section as an application under section 113A, he must refund to the applicant the amount (if any) by which the fee paid in relation to the application under this section exceeds the fee payable in relation to an application under section 113A.
9
In this section—
“central records”, “exempted question”, and “relevant matter” have the same meaning as in section 113A;
“relevant police force”, in relation to an application under this section, means a police force which is a relevant police force in relation to that application under regulations made by the Secretary of State.
10
For the purposes of this section references to a police force include any of the following—
F1a
the Royal Navy Police;
c
the Royal Military Police;
d
the Royal Air Force Police;
e
the Ministry of Defence Police;
F26f
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F26g
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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);
F47ba
the tri-service serious crime unit (and for this purpose a reference to the chief officer of a police force must be taken to be a reference to the Provost Marshal for serious crime);
c
such other department or body as is prescribed (and regulations may prescribe in relation to the department or body the person to whom a reference to the chief officer is to be taken to be).
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)