Part V U.K. Certificates of Criminal Records, &c.

Modifications etc. (not altering text)

C1 Pt. 5 (ss. 112-127) explained (prosp) by 1998 c. 29, s. 56(4)

C2 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)

126 Interpretation of Part V. U.K.

(1) In this Part—

• “caution” means a caution given to a person in England and Wales or Northern Ireland in respect of an offence which, at the time when the caution is given, he has admitted;

• “certificate” means any one or more documents issued in response to a particular application;

• “chief officer” means—

  (i)

  a chief officer of police of a police force in England and Wales,

  (ii)

  a chief constable of a police force in Scotland, and

  (iii)

  the Chief Constable of the [F1 Police Service of Northern Ireland];

• “government department” includes a Northern Ireland department;

• “Minister of the Crown” includes a Northern Ireland department;

• “police authority” means—

  (i)

  a police authority for an area in Great Britain or a joint police board (within the meaning of the M1 Police (Scotland) Act 1967), and

  (ii)

  the [F2 Northern Ireland Policing Board];

• “police force” means—

  (i)

  a police force in Great Britain, and

  (ii)

  the [F1 Police Service of Northern Ireland] and the [F1 Police Service of Northern Ireland Reserve];

• “prescribed” shall be construed in accordance with section 125(1).

(2) In the application of this Part to Northern Ireland, a reference to the M2 Rehabilitation of Offenders Act 1974, or to a provision of that Act, shall be construed as a reference to the M3 Rehabilitation of Offenders (Northern Ireland) Order 1978 or, as the case may be, to the corresponding provision of that order.

[F3 (3) In the application of this Part to Scotland references to the Secretary of State must be construed as references to the Scottish Ministers.

(4) Subsection (3) does not apply to section 118(2A)(d) or 124A(1) and (2).]

Textual Amendments

F1 Words in s. 126(1) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 20(2)(a)(b); S.R. 2001/396, art. 2, Sch.

F2 Words in s. 126(1) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 20(3); S.R. 2001/396, art. 2, Sch.

F3 S. 126(3)(4) inserted (1.7.2005 for S., 1.7.2005 for E.W., 3.12.2007 for N.I.) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 166(2), 178(4)(d)(8); S.S.I. 2005/358, art. 2(d); S.I. 2005/1521, art. 3(3)(c); S.I. 2007/3341, art. 2(c)

Commencement Information

I1 S. 126 in force at 1.3.2002 for E.W. by S.I. 2002/413, art. 2

S. 126 in force at 25.4.2002 for S. by S.S.I. 2002/124, art. 4

Marginal Citations

M1 1967 c. 77.

M2 1974 c. 53.

M3 S.I. 1978/1908 (N.I. 27).