C1C7C3C2C4C5C6 Part V Certificates of Criminal Records, &c.

Annotations:
Modifications etc. (not altering text)
C1

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)

C7

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 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)

C5

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)

C6

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)

I1I2118 Evidence of identity.

1

F8The Secretary of StateF8DBS may refuse to issue a certificate under this Part, or to consider F14an application as mentioned in section 116A(4)(a) or (5)(a) or an application under section 117 F6, 117AF4or 120, unless the application is supported by such evidence of identity as F9heF9it may require.

2

In particular, F11the Secretary of StateF11DBS may refuse to issue a certificate or consider an application unless the applicant—

a

has his fingerprints taken at such place and in such manner as may be prescribed, and

b

pays the prescribed fee to such person as may be prescribed.

F52A

For the purpose of verifying evidence of identity supplied in pursuance of subsection (1) F12the Secretary of StateF12DBS may obtain such information as F10heF10it thinks is appropriate from data held—

a

by the F1United Kingdom Passport AgencyF1Identity and Passport Service;

b

by the Driver and Vehicle Licensing Agency;

c

by Driver and Vehicle Licensing Northern Ireland;

d

by the Secretary of State in connection with keeping records of national insurance numbers;

e

by such other persons or for such purposes as is prescribed.

F22B

The Scottish Ministers may require an applicant to have fingerprints taken under subsection (2) only if they are not satisfied by other evidence provided under subsection (1) as to the applicant's identity.

F33

Regulations dealing with the taking of fingerprints may make provision requiring their destruction in specified circumstances and by specified persons.

F33

The Scottish Ministers must arrange the destruction of any fingerprints taken in pursuance of subsection (2) as soon as reasonably practicable after they have been used for the purpose mentioned in subsection (1).

F133A

F15DBS by notice given in writing may require a person who has a certificate which is subject to up-date arrangements under section 116A to attend at a place and time specified in the notice to provide fingerprints for the sole purpose of enabling F15DBS to verify whether information in the possession of F15DBS that F15DBS considers may be relevant to the person's certificate does relate to that person.

3B

If a person fails to comply with a requirement imposed under subsection (3A), F15DBS by notice given in writing may inform that person that, from a date specified in the notice, the person's certificate is to cease to be subject to up-date arrangements.

4

Regulations prescribing a fee for the purposes of subsection (2)(b) shall make provision for a refund in cases of an application under section 117 F7or 117A where a new certificate is issued.