Part V Certificates of Criminal Records, &c.

119 Sources of information.

(1)

Any person who holds records of convictions F1or cautions F1, cautions or other information for the use of police forces generally shall make those records available to F2the Secretary of State F2DBS F3for the purposes of an application F4(whether for a certificate or for registration) under this Part. F3for the purpose of enabling F5him F5it to carry out F6his 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.

F6a relevant function

F7(1ZA)

Any person who holds records of convictions or cautions for the use of police forces generally must make those records available to the Disclosure and Barring Service for the purpose of enabling it to carry out its functions under paragraph 1, 2, 7 or 8 of Schedule 1 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007.

F8(1A)

F9The Secretary of State may require the F10Disclosure and Barring Service to make available specified information for the purpose of enabling the Secretary of State to carry out functions under this Part in relation to—

(a)

any application for a certificate or for registration;

F11(aa)

the provision of up-date information under section 116A; or

(b)

the determination of whether a person should continue to be a registered person.

F12(1B)

F13The Secretary of State F13DBS may require the chief officer of a police force to make available such information as F14he F14it may specify for the purpose of F15determining, in relation to applications under section 113B, whether the police force is a relevant police force F15deciding whether to make a request to that chief officer under section 113B(4).

(2)

Where the chief officer of a police force receives a request under section F16113B or 116 F17... he shall comply with it as soon as practicable.

F18(2A)

Where, in connection with the provision of up-date information under section 116A, the chief officer of a police force receives a request for information of the kind mentioned in section 113B(4), the chief officer of police must comply with it as soon as practicable.

(3)

F19The Secretary of State F19DBS shall pay to the appropriate F20local policing body or police authority, F21... F22such fee as F23he F23the Secretary of State thinks appropriate for information provided in accordance with F24subsection (2) F24section 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 F25the Secretary of State F25DBS F3for the purposes of an application under this Part. F3for the purpose of enabling F26him F26it to carry out F27his F27its functions under this Part in relation to—

(a)

any application for a certificate or for registration;

F28(aa)

any application as mentioned in section 116A(4)(a) or (5)(a); or

(b)

the determination of whether a person should continue to be a registered person.

F29(4A)

DBS may require the Secretary of State to provide it with the information and advice specified in section 113CD(2) to (6) for the purpose of enabling DBS to carry out its functions under section 113CD.

(5)

No proceedings shall lie against F30the Secretary of State F30DBS F31or the Disclosure and Barring Service by reason of an inaccuracy in the information made available or provided to F32him F32it F33or it in accordance with this section.

F34(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 F35local policing body or police authority must be construed as a reference to such body as is prescribed.

F36(8)

In this section a relevant function is a function of F37the Secretary of State F37DBS—

(a)

under this Part in relation to any application for a certificate or for registration;

F38(aa)

under this Part in relation to any request under section 116A(1);

(b)

under this Part in relation to the determination of whether a person should continue to be a registered person;

F39(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)

F40under paragraph 1, 2, 7 or 8 of Schedule 3 to F41the Safeguarding Vulnerable Groups Act 2006 (considering whether criteria prescribed for the purpose of that paragraph apply to an individual).