Protection of Freedoms Act 2012

Part 7 E+W Criminal records

Modifications etc. (not altering text)

C1 Sch. 9 Pt. 7 extended (Guernsey) (with modifications) (coming into force in accordance with art. 1(2)(3) of the amending S.I.) by The Police Act 1997 (Criminal Records) (Guernsey) (Amendment) Order 2012 (S.I. 2012/1762), art. 4(4), Sch. 3

C2 Sch. 9 Pt. 7 extended (Jersey) (with modifications) (17.10.2012 coming into force in accordance with art. 1(2)(3)) by The Police Act 1997 (Criminal Records) (Jersey) (Amendment) Order 2012 (S.I. 2012/2591), art. 1(2)(3)4(1)(4), Sch. 3 (with art. 5)

C3 Sch. 9 Pt. 7 extended (Isle of Man) (with modifications) (with effect in accordance with art. 1(3)(4) of the amending S.I.) by The Police Act 1997 (Criminal Records) (Isle of Man) (Amendment) Order 2012 (S.I. 2012/2598), arts. 1(2), 4(3), Sch. 3

Police Act 1997 E+W

104 E+W The Police Act 1997 is amended as follows.

Commencement Information

I1 Sch. 9 para. 104 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(vi)

105 E+W In section 113BC(1) (suitability information: power to amend), after paragraph (b), insert “;

(c) amend section 120AC(4)(b) in consequence of an order made under paragraph (a) or (b).”

Commencement Information

I2 Sch. 9 para. 105 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(vi)

106 E+W In section 114(3) (application of other provisions of Part 5 to an application under that section), for “Section 113A(3) to (6)” substitute “ Sections 113A(3) to (6), 120AC and 120AD ”.

Commencement Information

I3 Sch. 9 para. 106 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(vi)

107 E+W In section 116(3) (application of other provisions of Part 5 to an application under that section), for “and 113BA to 113BC” substitute “ , 113BA to 113BC, 120AC and 120AD ”.

Commencement Information

I4 Sch. 9 para. 107 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(vi)

108 (1) Section 117 (disputes about accuracy of certificates) is amended as follows. E+W

(2) In the title, for “accuracy of certificates” substitute “ certificates and up-date information ”.

(3) After subsection (1A) insert—

“(1B) Where a person believes that the wrong up-date information has been given under section 116A in relation to the person's certificate, the person may make an application in writing to the Secretary of State for corrected up-date information.”

(4) In subsection (2)—

(a) after “inaccurate” insert “ , or that the wrong up-date information has been given, ”, and

(b) after “new certificate” insert “ or (as the case may be) corrected up-date information ”.

(5) After subsection (2) insert—

“(2A) In this section—

• “corrected up-date information”, in relation to a certificate, means information which includes—

  (a)

  information that the wrong up-date information was given in relation to the certificate on a particular date, and

  (b)

  new up-date information in relation to the certificate,

• “up-date information” has the same meaning as in section 116A.”

Commencement Information

I5 Sch. 9 para. 108 in force at 17.6.2013 by S.I. 2013/1180, art. 2(e)(i)

109 (1) Section 118 (evidence of identity) is amended as follows. E+W

(2) In subsection (1)—

(a) after “consider” insert “ an application as mentioned in section 116A(4)(a) or (5)(a) or ”, and

(b) after “117” insert “ , 117A ”.

(3) After subsection (3) insert—

“(3A) The Secretary of State 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 the Secretary of State to verify whether information in the possession of the Secretary of State that the Secretary of State 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), the Secretary of State 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) In subsection (4) after “117” insert “ or 117A ”.

Commencement Information

I6 Sch. 9 para. 109(1)(2)(b)(4) in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(vii)

I7 Sch. 9 para. 109(2)(a)(3) in force at 17.6.2013 by S.I. 2013/1180, art. 2(e)(ii)

110 (1) Section 119 (sources of information) is amended as follows. E+W

(2) In subsection (1A), after paragraph (a) (but before the word “or” at the end of the paragraph) insert—

“(aa) the provision of up-date information under section 116A;”.

(3) In subsection (1B), for the words from “determining” to the end substitute “ deciding whether to make a request to that chief officer under section 113B(4) ”.

(4) After subsection (2) insert—

“(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.”

(5) In subsection (4), at the end of paragraph (a), after “registration;” insert—

“(aa) any application as mentioned in section 116A(4)(a) or (5)(a);”.

(6) In subsection (8), at the end of paragraph (a), insert—

“(aa) under this Part in relation to any request under section 116A(1);”.

Commencement Information

I8 Sch. 9 para. 110(1)(3) in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(viii)

I9 Sch. 9 para. 110(2)(4)-(6) in force at 17.6.2013 by S.I. 2013/1180, art. 2(e)(ii)

111 (1) Section 119B (independent monitor) is amended as follows. E+W

(2) Omit subsection (5)(a).

(3) In subsection (5)(c), omit the words from “or disclosed” to the end.

(4) After subsection (5)(c) insert—

“(ca) a sample of cases in which the chief officer of a police force has decided that information should be disclosed or not disclosed to the Secretary of State for the purpose of the provision by the Secretary of State of up-date information under section 116A.”

(5) After subsection (8) insert—

“(8A) The independent monitor has the functions conferred on the monitor by section 117A.”

(6) In subsection (9) after “section” insert “ or section 117A ”.

Commencement Information

I10 Sch. 9 para. 111(1)-(3)(5)(6) in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(ix)

I11 Sch. 9 para. 111(4) in force at 17.6.2013 by S.I. 2013/1180, art. 2(e)(ii)

112 (1) Section 120 (registered persons) is amended as follows. E+W

(2) In subsection (2)—

(a) for the words from the beginning to “the”, where it first occurs, substitute “ The ”,

(b) after paragraph (a) insert “ and ”, and

(c) omit paragraph (c) and the word “and” before it.

(3) After that subsection insert—

“(2A) Subsection (2) is subject to—

(a) regulations under section 120ZA,

(b) section 120A, and

(c) section 120AA and regulations made under that section.”

Commencement Information

I12 Sch. 9 para. 112 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(x)

113 E+W After section 122(1) (code of practice) insert—

“(1A) The reference in subsection (1) to the use of information provided to registered persons under this Part includes a reference to the use of information provided in accordance with section 116A(1) to relevant persons (within the meaning of that section) who are not registered persons under this Part.”

Commencement Information

I13 Sch. 9 para. 113 in force at 17.6.2013 by S.I. 2013/1180, art. 2(e)(iii)

Prospective

114 E+W Omit section 122(3A)(a) (power of Secretary of State to refuse to issue certificate where failure to comply with code of practice by, or in connection with, registered person).

115 (1) Section 124 (offences: disclosure) is amended as follows. E+W

(2) In subsection (4)—

(a) in paragraph (b), omit “(5) or”, and

(b) for “subsections (5) and (6)” substitute “ subsection (6) ”.

(3) Omit subsection (5).

Commencement Information

I14 Sch. 9 para. 115 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(x)

116 (1) Section 124A (offences relating to disclosure of information obtained in connection with delegated function) is amended as follows. E+W

(2) In subsection (1)(c) omit “or registered person”.

(3) After subsection (6) insert—

“(6A) For the purposes of this section the reference to an applicant includes a person who makes a request under section 116A(1), 120AC(1) or 120AD(2).”

Commencement Information

I15 Sch. 9 para. 116(1)(3) in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(xi)

117 E+W After section 125B(2) (form of applications) insert—

“(3) In this section “application” includes a request under section 116A(1), 120AC(1) or 120AD(2).”

Commencement Information

I16 Sch. 9 para. 117 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(xii)

118 E+W In section 126(1) (interpretation of Part 5), in the definition of “certificate”, after “application” insert “but does not include any documents issued in response to—

(a) a request under section 116A(1),

(b) an application as mentioned in section 116A(4)(a) or (5)(a), or

(c) a request under section 120AC or 120AD.”

Commencement Information

I17 Sch. 9 para. 118 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) for specified purposes by S.I. 2012/2234, art. 2(aa)(xiii)

I18 Sch. 9 para. 118 in force at 17.6.2013 in so far as not already in force by S.I. 2013/1180, art. 2(e)(iv)

Gambling Act 2005 E+W+S

119 E+W+S In section 73(3) of the Gambling Act 2005 (procedure on consideration of application for licence)—

(a) for “section 115” substitute “ section 113B ”, and

(b) at the end (and on a new line below paragraph (b)) insert “ or the production of up-date information (within the meaning given by section 116A of that Act) in relation to such a certificate, ”.

Commencement Information

I19 Sch. 9 para. 119(a) in force at 17.6.2013 for E.W. by S.I. 2013/1180, art. 2(e)(v)

I20 Sch. 9 para. 119(b) in force at 17.6.2013 by S.I. 2013/1180, art. 2(e)(v)

National Health Service Act 2006 E+W

120 E+W The National Health Service Act 2006 is amended as follows.

Commencement Information

I21 Sch. 9 para. 120 in force at 17.6.2013 by S.I. 2013/1180, art. 2(e)(v)

121 E+W In section 129(6) (regulations as to pharmaceutical services), in paragraph (i), for the words from “section 113” to the end of the paragraph substitute “ section 113A of that Act, an enhanced criminal record certificate under section 113B of that Act or up-date information within the meaning given by section 116A of that Act, ”.

Commencement Information

I22 Sch. 9 para. 121 in force at 17.6.2013 by S.I. 2013/1180, art. 2(e)(v)

122 E+W In section 132(4) (persons authorised to provide pharmaceutical services), in paragraph (c), for the words from “section 113” to the end of the paragraph substitute “ section 113A of that Act, an enhanced criminal record certificate under section 113B of that Act or up-date information within the meaning given by section 116A of that Act, ”.

Commencement Information

I23 Sch. 9 para. 122 in force at 17.6.2013 by S.I. 2013/1180, art. 2(e)(v)

123 E+W In section 147A(3) (performers of pharmaceutical services and assistants), in paragraph (i), for the words from “section 113” to the end of the paragraph substitute “ section 113A of that Act, an enhanced criminal record certificate under section 113B of that Act or up-date information within the meaning given by section 116A of that Act, ”.

Commencement Information

I24 Sch. 9 para. 123 in force at 17.6.2013 by S.I. 2013/1180, art. 2(e)(v)

National Health Service (Wales) Act 2006 E+W

124 E+W The National Health Service (Wales) Act 2006 is amended as follows.

Commencement Information

I25 Sch. 9 para. 124 in force at 17.6.2013 by S.I. 2013/1180, art. 2(e)(v)

125 E+W In section 72(3) (regulations as to general ophthalmic services), in paragraph (c), for the words from “section 113” to the end of the paragraph substitute “ section 113A of that Act, an enhanced criminal record certificate under section 113B of that Act or up-date information within the meaning given by section 116A of that Act, ”.

Commencement Information

I26 Sch. 9 para. 125 in force at 17.6.2013 by S.I. 2013/1180, art. 2(e)(v)

126 E+W In section 83(6) (regulations as to pharmaceutical services), in paragraph (i), for the words from “section 113” to the end of the paragraph substitute “ section 113A of that Act, an enhanced criminal record certificate under section 113B of that Act or up-date information within the meaning given by section 116A of that Act, ”.

Commencement Information

I27 Sch. 9 para. 126 in force at 17.6.2013 by S.I. 2013/1180, art. 2(e)(v)

127 E+W In section 86(4) (persons authorised to provide pharmaceutical services), in paragraph (c), for the words from “section 113” to the end of the paragraph substitute “ section 113A of that Act, an enhanced criminal record certificate under section 113B of that Act or up-date information within the meaning given by section 116A of that Act, ”.

Commencement Information

I28 Sch. 9 para. 127 in force at 17.6.2013 by S.I. 2013/1180, art. 2(e)(v)

128 E+W In section 105(3) (supplementary lists), in paragraph (g), for the words from “section 113” to the end of the paragraph substitute “ section 113A of that Act, an enhanced criminal record certificate under section 113B of that Act or up-date information within the meaning given by section 116A of that Act, ”.

Commencement Information

I29 Sch. 9 para. 128 in force at 17.6.2013 by S.I. 2013/1180, art. 2(e)(v)

Safeguarding Vulnerable Groups Act 2006 E+W

129 (1) Paragraph 19 of Schedule 3 to the Safeguarding Vulnerable Groups Act 2006 (barred lists: information) is amended as follows. E+W

(2) In sub-paragraph (1)(c) for “chief officer of a relevant police force” substitute “ relevant chief officer ”.

(3) In sub-paragraph (3) after “which the” insert “ relevant ”.

(4) In sub-paragraph (5) for “chief officer of the relevant police force” substitute “ relevant chief officer ”.

(5) In sub-paragraph (7) for the definition of “relevant police force” substitute—

““the relevant chief officer” means any chief officer of a police force who is identified by the Secretary of State for the purposes of this paragraph;”.

(6) After sub-paragraph (7) insert—

“(7A) Subsections (10) and (11) of section 113B of the Police Act 1997 apply for the purposes of the definition of “the relevant chief officer” as they apply for the purposes of that section.”

(7) In sub-paragraph (8) for “which police forces are relevant police forces” substitute “ who is the relevant chief officer ”.

Commencement Information

I30 Sch. 9 para. 129 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(aa)(xiv)