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Police Act 1997, Section 119 is up to date with all changes known to be in force on or before 10 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Any person who holds records of convictions or cautions for the use of police forces generally shall make those records available to the Secretary of State [F1for the purposes of an application [F2(whether for a certificate or for registration)] under this Part.] [F1for the purpose of enabling him to carry out [F3his functions under this Part in relation to—
(a)any application for a certificate or for registration; or
(b)the determination of whether a person should continue to be a registered person.]
[F3a relevant function]]
[F4(1A)Any person who keeps a list mentioned in [F5section 113C(3) or 113D(3)] above shall make the contents of that list available to the Secretary of State for the purpose of enabling him to carry out his functions under this Part in relation to—
(a)any application for a certificate or for registration; or
(b)the determination of whether a person should continue to be a registered person.]
[F6(1B)The Secretary of State may require the chief officer of a police force to make available such information as he may specify for the purpose of determining, in relation to applications under section 113B, whether the police force is a relevant police force.]
(2)Where the chief officer of a police force receives a request under section [F7113B] or 116 [F8or for the purposes of section 24 of the Safeguarding Vulnerable Groups Act 2006] he shall comply with it as soon as practicable.
(3)The Secretary of State shall pay to the appropriate police authority, F9... [F10such fee as he thinks appropriate] for information provided in accordance with [F11subsection (2)] [F11section 120A(4) or subsection (2) of this section].
(4)Any person who holds records of fingerprints for the use of police forces generally shall make those records available to the Secretary of State [F1for the purposes of an application under this Part.] [F1for the purpose of enabling him to carry out his functions under this Part in relation to—
(a)any application for a certificate or for registration; or
(b)the determination of whether a person should continue to be a registered person.]
(5)No proceedings shall lie against the Secretary of State by reason of an inaccuracy in the information made available or provided to him in accordance with this section.
[F12(6)For the purposes of this section references to a police force include any body mentioned in subsections (10)(a) to (i) and (11) of section 113B and references to a chief officer must be construed accordingly.
(7)In the case of such a body the reference in subsection (3) to the appropriate police authority must be construed as a reference to such body as is prescribed.]
[F13(8)In this section a relevant function is a function of the Secretary of State —
(a)under this Part in relation to any application for a certificate or for registration;
(b)under this Part in relation to the determination of whether a person should continue to be a registered person;
(c)under section 24 of the Safeguarding Vulnerable Groups Act 2006 in relation to monitoring a person in relation to a regulated activity (within the meaning of that Act);
(d)under paragraph 1, 2, 7 or 8 of Schedule 3 to that Act (considering whether criteria prescribed for the purpose of that paragraph apply to an individual).]
Textual Amendments
F1Words in s. 119(1)(4) substituted (E.W.N.I.) (19.6.2001) by 2001 c. 16, s. 134(2)(a); S.I. 2001/2223, art. 2(1)(c)
F2Words in s. 119(1) inserted (S.) (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 70(4), 89(2); S.S.I. 2003/288, art. 2, sch.
F3Words in s. 119(1) 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(7)(a) (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.
F4S. 119(1A) inserted (E.W.N.I.) (19.6.2001) by 2001 c. 16, s. 134(2)(b); S.I. 2001/2223, art. 2(1)(c)
F5Words in s. 119(1A) substituted (1.4.2006 for S., 6.4.2006 for E.W.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(4)(e)(8), Sch. 14 para. 4(a); S.S.I. 2006/166, art. 2(1)(e); S.I. 2006/378, art. 7(c)
F6S. 119(1B) inserted (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(7)(b) (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.
F7Word in s. 119(2) substituted (1.4.2006 for S., 6.4.2006 for E.W.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(4)(e)(8), Sch. 14 para. 4(b); S.S.I. 2006/166, art. 2(1)(e); S.I. 2006/378, art. 7(c)
F8Words in s. 119(2) inserted (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(7)(c) (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.
F9Words in s. 119 repealed (3.7.2000) by 1999 c. 29, ss. 325, 423, Sch. 27 para. 112, Sch. 34 Pt. VII (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.
F10Words in s. 119(3) substituted (1.7.2005 for E.W., 1.4.2006 for S., 1.4.2008 for N.I.) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 165(1)(a), 178(4)(d)(8); S.I. 2005/1521, art. 3(3)(b); S.S.I. 2006/166, art. 2(1)(c); S.I. 2008/697, art. 2(c)
F11Words in s. 119(3) substituted (E.W.N.I.) (19.6.2001) by 2001 c. 16, s. 134(2)(c); S.I. 2001/2223, art. 2(1)(c)
F12S. 119(6)(7) inserted (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), ss. 165(1)(b), 178(4)(d)(8); S.S.I. 2006/166, art. 2(1)(c); S.I. 2006/378, art. 7(d); S.I. 2008/697, art. 2(c)
F13S. 119(8) inserted (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(7)(d) (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. 119 modified (temp.) (N.I.) (with application in accordance with arts. 2, 5 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. 8
Commencement Information
I1S. 119 in force at 1.3.2002 for E.W. by S.I. 2002/413, art. 2
S. 119 in force at 25.4.2002 for S. by S.S.I. 2002/124, art. 4
I2S. 119 in force at 1.4.2008 for N.I. by S.I. 2008/692, art. 2(k)
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