The Police Act 1997 (Criminal Records) Regulations 2002

[F1 Enhanced criminal record certificates: prescribed purposes E+W

5A.   The purposes for which an enhanced criminal record certificate may be required in accordance with a statement made by a registered person under section 113B (2)(b) of the Act are prescribed as follows, namely the purposes of—

(a) considering the applicant’s suitability for a position which involves regularly caring for, training, supervising, or being solely in charge of, persons aged under 18;

(b) considering the applicant’s suitability for a position which involves regularly caring for, training, supervising, or being in sole charge of, a person aged 18 or over who is a vulnerable adult within the meaning given by regulation 5B[F2 (1) to (5)] below;

[F3 (ba) considering the applicant’s suitability for a position which is concerned with—

(i) the provision of care services for vulnerable adults within the meaning given by regulation 5B (6) below; or

(ii) the representation of, or advocacy services for, such adults, by a service which has been approved by the Secretary of State or created by or under any enactment,

and which is of such a kind as to enable a person , in the course of his normal duties in that position , to have access to such adults when they are receiving such services;]

(c) obtaining or holding a certificate for the purposes of sections 19 or 27(1) or (5) of the Gaming Act 1968 (gaming);

(d) obtaining or holding a certificate of consent, or a licence, for any of the purposes of Schedule 2 to that Act (licences);

(e) registration or certification in accordance with Schedule 1A, 2 or 2A to the Lotteries and Amusements Act 1976 (societies, schemes and lottery managers);

(f) obtaining or holding a licence under section 5 or 6 of the National Lottery etcAct 1993 (running or promoting lotteries);

(g) registration under section 71 of the Children Act 1989, registration for child minding or providing day care under Part XA of that Act, or registration under, or the holding of a certificate under, section 79W of that Act;

(h) registration under Part II of the Care Standards Act 2000 (establishments and agencies);

(i) registration under Part IV of that Act (social care workers);

(j) placing children with foster parents in accordance with any provision of, or made by virtue of, the Children Act 1989 or the Children (Northern Ireland) Order 1995 or the exercise of any duty under or by virtue of , section 68 of that Act or article 108 of that Order (welfare of privately fostered children);

(k) a decision made by an adoption agency within the meaning of section 2 of the Adoption and Children Act 2002 as to a person’s suitability to adopt a child;

(l) considering an individual’s suitability to be included in, or to remain in, the health service list specified in regulation 5C(1) below;

(m) considering—

(i) the suitability of a director of a body corporate to be included in, or to remain in, sub-paragraph (b) or (c) of that list;

(ii) the suitability of a member of a limited liability partnership to be included in, or to remain in, sub-paragraph (c) of that list, or

(iii) the suitability of a member of the body of persons controlling a body corporate (whether or not a limited liability partnership) to be included in, or to remain in, sub-paragraph (d) of that list;

(n) considering an individual’s suitability to be included in, or to remain in, the health service list specified in regulation 5C(2) below, or

[F4 (o) considering the suitability of an individual for—

(i) a position as a member of the governing body of an educational institution within the meaning given by section 42 of the Criminal Justice and Court Services Act 2000,or

(ii) a position in a school within the meaning given by section 4 of the Education Act 1996.]]

Textual Amendments

F1 Regs. 5A-5C inserted (6.4.2006) by The Police Act 1997 (Criminal Records) (Amendment) Regulations 2006 (S.I. 2006/748), regs. 1(1), 2(b), Sch.

F2 Words in reg. 5A(b) inserted (1.9.2006) by The Police Act 1997 (Criminal Records) (Amendment No.2) Regulations 2006 (S.I. 2006/2181), regs. 1(2), 2(a)

F3 Reg. 5A(ba) inserted (1.9.2006) by The Police Act 1997 (Criminal Records) (Amendment No.2) Regulations 2006 (S.I. 2006/2181), regs. 1(2), 2(b)

F4 Reg. 5A(o) substituted (1.9.2006) by The Police Act 1997 (Criminal Records) (Amendment No.2) Regulations 2006 (S.I. 2006/2181), regs. 1(2), 2(c)