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;]

[F4 (c) obtaining or holding an operating licence under Part 5 of the Gambling Act 2005 for the purposes of that Act;

(d) obtaining or holding a personal licence under Part 6 of the Gambling Act 2005 for the purposes of that Act;

(e) considering an individual’s suitability for a position as Commissioner for the Gambling Commission and for any office or employment in the Commissioners’ service;]

(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

[F5 (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.]]

[F6 (p) considering an individual’s suitability for working in the Department for Education and Skills, the Office for Standards in Education, Children’s Services and Skills or in the Government Offices for the English Regions with access to sensitive or personal information about children or vulnerable adults;

(q) considering an individual’s suitability for any office, employment or other work which is concerned with the establishment or operation of a database under section 12 of the Children Act 2004, and which is of such a kind as to enable the holder of that office or employment, or the person engaged in that work, to have access to information included in the database;

(r) considering an individual’s suitability for any office, employment or other work which is of such a kind that the person is or may be permitted or required to be given access to a database under section 12 of the Children Act 2004;

(s) considering an individual’s suitability for any work which is normally concerned with the provision of any form of information, advice or guidance wholly or mainly to children which relates to their physical, emotional or educational well-being and is provided by means of telephone or other form of electronic communication including the internet and mobile telephone text messaging;

(t) considering an individual’s suitability for a position as chairman, member or member of staff (including considering the suitability of any person seconded to serve as a member of staff) of the Independent Barring Board;

(u) considering an individual’s suitability for a position working within the Public Guardianship Office, (to be known as the Office of the Public Guardian from October 2007), with access to data relating to children and vulnerable adults;

(v) considering an individual’s suitability for the position of Commissioner for Older People in Wales, or that of his deputy, or for considering the suitability of any person appointed by the Commissioner to assist him in the discharge of his functions or authorised to discharge his functions on his behalf;

(w) considering an individual’s suitability for any employment or other work where the normal duties:

(i) involve caring for, training, supervising, or being solely in charge of, persons aged under 18 serving in the naval, military or air forces of the Crown; or

(ii) include supervising or managing a person employed or working in a capacity referred to in paragraph (i).]

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(c)-(e) substituted (26.7.2007) by The Police Act 1997 (Criminal Records) (Amendment No. 2) Regulations 2007 (S.I. 2007/1892), regs. 1(1), 2(2)

F5 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)

F6 Reg. 5A(p)-(w) inserted (26.7.2007) by The Police Act 1997 (Criminal Records) (Amendment No. 2) Regulations 2007 (S.I. 2007/1892), regs. 1(1), 2(3)