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)

C2 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)

C3 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)

C4 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)

C5 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)

[F1 113C Criminal record certificates: suitability relating to children U.K.

(1) If an application under section 113A or 113B is accompanied by a children's suitability statement the criminal record certificate or enhanced criminal record certificate (as the case may be) must also state—

(a) whether the applicant is included in a specified children's list;

(b) if he is included in such a list, such details of his inclusion as may be prescribed;

(c) whether he is subject to a specified children's direction;

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

(2) A children's suitability statement is a statement by the registered person that the certificate is required for the purpose of considering—

(a) the applicant's suitability to be employed, supplied to work, found work or given work in a position (whether paid or unpaid) within subsection (5),

(b) the applicant's suitability to be a foster parent or to adopt a child,

(c) the applicant's suitability to be a child's special guardian for the purposes of sections 14A and 14C of the Children Act 1989,

(d) the applicant's suitability to have a child placed with him by virtue of section 70 of the Children (Scotland) Act 1995 or by virtue of section 5(2), (3) and (4) of the Social Work (Scotland) Act 1968, or

(e) the suitability of a person living in the same household as the applicant to be a person mentioned in paragraph (b) or (c) or to have a child placed with him as mentioned in paragraph (d).

(3) Each of the following is a specified children's list—

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

(b) the list kept under section 1(1) of the Protection of Children (Scotland) Act 2003;

(c) the list kept under Article 3 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003;

(d) any list kept for the purposes of regulations under Article 70(2)(e) or 88A(2)(b) of the Education and Libraries (Northern Ireland) Order 1986;

(e) any such other list as the Secretary of State specifies by order if he thinks that the list corresponds to a list specified in paragraphs (a) to (c) and is kept in pursuance of [F2 the law of] a country or territory outside the United Kingdom.

(4) Each of the following is a specified children's direction—

(a) a direction under section 142 of the Education Act 2002;

(b) anything which the Secretary of State specifies by order which he thinks corresponds to such a direction and which is done for the purposes of the law of Scotland or of Northern Ireland or of a country or territory outside the United Kingdom.

(5) A position falls within this subsection if it is any of the following—

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

(b) a child care position within the meaning of the Protection of Children (Scotland) Act 2003;

(c) a child care position within the meaning of Chapter 1 of Part 2 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003;

(d) a position, employment or further employment in which may be prohibited or restricted by regulations under Article 70(2)(e) or 88A(2)(b) of the Education and Libraries (Northern Ireland) Order 1986;

(e) a position which involves work to which section 142 of the Education Act 2002 applies;

(f) a position of such other description as may be prescribed.

(6) An order under subsection (4)(b) may make such modifications of subsection (1)(d) as the Secretary of State thinks necessary or expedient in consequence of the order.]

Textual Amendments

F1 Ss. 113A-113F inserted (1.4.2006 for S. except for the insertion of s. 113E, 6.4.2006 for E.W. for specified purposes, 25.9.2006 for E.W. for specified purposes, 12.11.2007 for E.W. for specified purposes, 29.2.2008 for E.W. for specified purposes, 1.4.2008 for N.I., 9.3.2015 for E.W. for specified purposes) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 163(2), 178(4)(d)(8); S.S.I. 2006/166, art. 2(1)(c); S.I. 2006/378, art. 7(a); S.I. 2006/2182, art. 2; S.I. 2007/3064, art. 2; S.I. 2008/306, art. 2; S.I. 2008/697, art. 2(a); S.I. 2015/188, art. 2

F2 Words in s. 113C(3)(e) inserted (1.1.2006) by The Serious Organised Crime and Police Act 2005 (Amendment) Order 2005 (S.I. 2005/3496), arts. 1(1), 6(1)

Commencement Information

I1 S. 113C in force at 1.4.2008 for N.I. by S.I. 2008/692, art. 2(d)