Fees for criminal record certificates
74.Since December 2012, the Disclosure and Barring Service has been responsible for issuing certificates to applicants containing details of their criminal records and other relevant information. This function was previously undertaken by the Criminal Records Bureau, which had for some years issued criminal record certificates to volunteers free of charge with the cost of these free certificates being cross-subsidised by fee-paying applicants. It is Government policy that criminal records checks, including the new update service provided by the Disclosure and Barring Service under measures in the Protection of Freedoms Act 2012, should continue to be provided free of charge to volunteers.
75.Interim measures are in place to ensure current fees can lawfully reflect such costs under section 102 of the Finance (No 2) Act 1987.(34) Section 151 places these measures on a more transparent legislative basis.
The Police Act 1997 (Criminal Records) (Fees) Order 2004 (SI 2004/1007), as amended by the Protection of Freedoms Act 2012 (Consequential Amendments) No. 2 Order 2013 (SI 2013/1196), specifies functions which the Disclosure and Barring Service may recover the costs of when setting fees under the provisions in Part 5 of the Police Act 1997. The relevant functions are those of issuing, to volunteers, criminal record certificates and enhanced criminal record certificates, and up-date information in respect of such certificates.