Part V Certificates of Criminal Records, &c.
118 Evidence of identity.
(1)
F1The Secretary of State F1DBS may refuse to issue a certificate under this Part, or to consider F2an application as mentioned in section 116A(4)(a) or (5)(a) or an application under section 117 F3, 117A F4or 120, unless the application is supported by such evidence of identity as F5he F5it may require.
(2)
In particular, F6the Secretary of State F6DBS 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.
F7(2A)
For the purpose of verifying evidence of identity supplied in pursuance of subsection (1) F8the Secretary of State F8DBS may obtain such information as F9he F9it thinks is appropriate from data held—
(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.
F11(2B)
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.
F12(3)
Regulations dealing with the taking of fingerprints may make provision requiring their destruction in specified circumstances and by specified persons.
F12(3)
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).
F13(3A)
F14DBS 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 F14DBS to verify whether information in the possession of F14DBS that F14DBS 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), F14DBS 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 F15or 117A where a new certificate is issued.