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Police Act 1997
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- 1997 c. 50
- Part V
- Section 116
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Version Superseded: 29/01/2010
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116 Enhanced criminal record certificates: judicial appointments and Crown employment.U.K.
(1)The Secretary of State shall issue an enhanced criminal record certificate to any individual who—
(a)makes an application under this section [F1in the prescribed [F2manner and] form], and
(b)[F3pays any fee that is payable in relation to the application under regulations made by the Secretary of State.]
[F3pays in the prescribed manner any prescribed fee]
(2)An application under this section must be accompanied by a statement by a Minister of the Crown, or a person nominated by a Minister of the Crown, that the certificate is required for the purposes of an exempted question asked in the course of considering the applicant’s suitability for—
(a)a judicial appointment, or
(b)an appointment by or under the Crown to a position [F4to which subsection (3) or (4) of section 115 applies] [F4of such description as may be prescribed].
(3)[F5Sections 113B(3) to (11) and [F6113C to 113F] [F6113BA to 113BC]] shall apply in relation to this section with any necessary modifications.
Textual Amendments
F1Words in s. 116(1)(a) repealed (S.) (11.1.2008) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), ss. 79(1), 101(2) (with ss. 90, 99); S.S.I. 2007/564, art. 2, sch.; and words repealed (E.W.N.I.) (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 97(3), 116(1), Sch. 8 Pt. 8; S.I. 2010/125, art. 2(n)(u)
F2Words in s. 116(1)(a) inserted (S.) (7.2.2006) by The Police Act 1997 Amendment (Scotland) Order 2006 (S.S.I. 2006/50), arts. 1(1), 2(4)(a)
F3S. 116(1)(b) substituted (S.) (7.2.2006) by The Police Act 1997 Amendment (Scotland) Order 2006 (S.S.I. 2006/50), arts. 1(1), 2(4)(b)
F4Words in s. 116(2)(b) substituted (E.W.N.I.) (29.1.2004 for specified purposes for E.W., 6.4.2006 for E.W. in so far as not already in force, 1.4.2008 for N.I.) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 35 para. 5; S.I. 2004/81, art. 4(1)(2)(o)(ii); S.I. 2006/751, art. 2(c)(i); S.I. 2008/694, art. 2
F5Words in s. 116(3) substituted (1.4.2006 for S., 6.4.2006 for E.W., 1.4.2008 for N.I.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(4)(e)(8), Sch. 14 para. 3(b); S.S.I. 2006/166, art. 2(1)(e); S.I. 2006/378, art. 7(c); S.I. 2008/697, art. 2(e)
F6Words in s. 116(3) substituted (E.W.N.I.) (12.10.2009 for E.W., 12.10.2009 for N.I.) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 14(6) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2610, art. 2(a) (with arts. 4-23); S.I. 2009/2611, art. 2, Sch.
Modifications etc. (not altering text)
C1S. 116 modified (temp.) (N.I.) (with application in accordance with arts. 2, 14 of the amending Order) by Safeguarding Vulnerable Groups (Regulated Activity, Transitional Provisions and Commencement No. 4) Order (Northern Ireland) 2009 (S.R. 2009/304), art. 15 (which modifying provision is revoked (10.9.2012) by The Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order (Northern Ireland) 2012 (S.R. 2012/320), arts. 1, 4)
Commencement Information
I1S. 116 in force at 1.3.2002 for E.W. by S.I. 2002/413, art. 2
S. 116 in force at 25.4.2002 for S. by S.S.I. 2002/124, art. 4
I2S. 116 in force at 1.4.2008 for N.I. by S.I. 2008/692, art. 2(h)
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