Criminal Justice Act 2003

4 E+W+N.I.

4 [F1 (1) Section 115 (enhanced criminal record certificates) is amended as follows. E+W+N.I.

(2) In subsection (1)—

(a) at the beginning there is inserted “ Subject to subsection (9A), ”,

(b) in paragraph (a), after “prescribed” there is inserted “ manner and ”, and

(c) in paragraph (b), after “pays” there is inserted “ in the prescribed manner ”.

(3) In subsection (2), for paragraphs (a) to (c) there is substituted “ for such purposes as may be prescribed under this subsection ”.

(4) Subsections (3) to (5) and subsections (6C) to (6E) are omitted.

(5) After subsection (9) there is inserted—

“(9A) The Secretary of State may treat an application under this section as an application under section 113 if in his opinion the certificate is not required for a purpose prescribed under subsection (2).

(9B) Where by virtue of subsection (9A) the Secretary of State treats an application under this section as an application under section 113, he must refund to the applicant the amount (if any) by which the fee paid in relation to the application under this section exceeds the fee payable in relation to an application under section 113.”]

Extent Information

E1 Sch. 35: extent widened (7.4.2005) from E.W. to E.W.N.I. as a result of the amendment to s. 337(5) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 167(a), 178(1)(a)

Textual Amendments

F1 Sch. 35 para. 4 repealed (6.4.2006 for E.W., otherwise prosp.) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 174, 178, Sch. 17 Pt. 2; S.I. 2006/378, art. 7(f)(ix)

Commencement Information

I1 Sch. 35 para. 4 partly in force; Sch. 35 para. 4 not in force at Royal Assent, see s. 336(3); Sch. 35 para. 4(1)(2)(b)(c) in force at 29.1.2004 and Sch. 35 para. 4(3) in force for certain purposes at 29.1.2004 by S.I. 2004/81, art. 4(2)(o)(i)(ii)