The Police Act 1997 (Criminal Records) Regulations 2002

Changes over time for: Section 5A

Version Superseded: 01/04/2011

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[F1Enhanced criminal record certificates: prescribed purposesE+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—

[F2(a)considering the applicant’s suitability—

(i)to engage in any activity which is a regulated activity relating to children within the meaning of Part 1 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006, or

(ii)for a position which otherwise involves regularly caring for, training, supervising or being solely in charge of, persons aged under 18;]

[F3(aa)considering the applicant’s suitability for any work which is a controlled activity relating to children within the meaning of section 21 of the Safeguarding Vulnerable Groups Act 2006;]

[F4(b)considering the applicant’s suitability—

(i)to engage in any activity which is a regulated activity relating to vulnerable adults within the meaning of Part 2 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006, or

(ii)for a position which otherwise involves regularly caring for, training, supervising or being solely in charge of vulnerable adults within the meaning of section 59 of the Safeguarding Vulnerable Groups Act 2006;]

[F5(ba)considering the applicant’s suitability for a position which is concerned with—

F6(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)the representation of, or advocacy services for, [F7vulnerable adults within the meaning of section 59 of the Safeguarding Vulnerable Groups Act 2006], 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;]

[F8(bb)considering the applicant’s suitability for any work which is a controlled activity relating to vulnerable adults within the meaning of section 22 of the Safeguarding Vulnerable Groups Act 2006;]

[F9(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);

[F10(g)registration for child minding or providing day care under Part XA of the Children Act 1989, including assessing the suitability of any person to have regular contact with children who is—

(i)aged 16 or over and living on the premises at which the child minding or day care is being or is to be provided;

(ii)aged 16 or over and working, or who will be working, on the premises at which the child minding or day care is being or is to be provided at times when such child minding or day care is being or is to be provided;]

[F11(ga)registration under Chapters 2, 3 or 4 of Part 3 of the Childcare Act 2006 (regulation of provision of childcare in England)[F12, including assessing the suitability of any person to have regular contact with children who is— ]

(i)aged 16 or over and living on the premises at which the childcare is being or is to be provided;

(ii)aged 16 or over and working on the premises at which the childcare is being or is to be provided at times when such childcare is being or is to be provided;]

(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, [F13section 67] of that Act or article 108 of that Order (welfare of privately fostered children)[F14, including obtaining information in respect of any person who is—

(i)aged 18 or over and living in the same household as a person who is, or who wishes to be approved as, a foster parent within the meaning of section 53(7)(a) or (b) of the Safeguarding Vulnerable Groups Act 2006;

(ii)aged 16 or over and living in the same household as a person who fosters, or intends to foster, a child privately within the meaning of section 66(1) of the Children Act 1989 or who is otherwise a private foster parent within the meaning of section 53(7)(c) and (8) of the Safeguarding Vulnerable Groups Act 2006;]

(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[F15, including obtaining information in respect of any person aged 18 years or over living in the same household as the prospective adopter;]

F16(l). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17(m). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18(n). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19(o). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F20(p)considering an individual’s suitability for working in [F21the [F22Department for Education]], 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;

F23(s). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F24(t). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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)F25... considering the suitability of any person appointed by the Commissioner [F26for Older People in Wales] to assist him in the discharge of his functions or authorised to discharge his functions on his behalf;

F27(w). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F28(x)considering the applicant’s suitability for work as a person who provides immigration advice or services as defined in section 82(1) of the Immigration and Asylum Act 1999 and is—

(i)a registered person under Part 5 of that Act, or

(ii)a person who acts on behalf of and under the supervision of such a registered person, or

(iii)a person who is exempt by section 84(4)(a) to (c) of that Act;

(y)considering the applicant’s suitability to obtain or retain a licence under regulation 5 of the Misuse of Drugs Regulations 2001 or under Article 3(2) of Regulation 2004/273/EC or under Article 6(1) of Regulation 2005/111/EC where the question relates to any person who as a result of his role in the body concerned is required to be named in the application for such a licence (or would have been so required if that person had had that role at the time the application was made); F29...

(z)considering the applicant’s suitability for any office or employment or other work in the Criminal Records Bureau[F30; or]]

[F30(za)considering the applicant’s suitability for work in a further education institution (within the meaning of section 140 of the Education Act 2002) where the normal duties of that work involve regular contact with persons aged under 18.]]

Textual Amendments

F1Regs. 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.

F2Reg. 5A(a) substituted (12.10.2009) by The Police Act 1997 (Criminal Records) (No. 2) Regulations 2009 (S.I. 2009/1882), regs. 1(1), 3(2)

F3Reg. 5A(aa) inserted (1.4.2010) by The Police Act 1997 (Criminal Records) (Amendment) Regulations 2010 (S.I. 2010/817), regs. 1(1), 2(2)

F4Reg. 5A(b) substituted (12.10.2009) by The Police Act 1997 (Criminal Records) (No. 2) Regulations 2009 (S.I. 2009/1882), regs. 1(1), 3(3)

F5Reg. 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)

F6Reg. 5A(ba)(i) omitted (12.10.2009) by virtue of The Police Act 1997 (Criminal Records) (No. 2) Regulations 2009 (S.I. 2009/1882), regs. 1(1), 3(4)

F7Words in reg. 5A(ba)(ii) substituted (12.10.2009) by The Police Act 1997 (Criminal Records) (No. 2) Regulations 2009 (S.I. 2009/1882), regs. 1(1), 3(5)

F8Reg. 5A(bb) inserted (1.4.2010) by The Police Act 1997 (Criminal Records) (Amendment) Regulations 2010 (S.I. 2010/817), regs. 1(1), 2(3)

F9Reg. 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)

F10Reg. 5A(g) substituted (12.10.2009) by The Police Act 1997 (Criminal Records) (No. 2) Regulations 2009 (S.I. 2009/1882), regs. 1(1), 3(6)

F11Reg. 5A(ga) inserted (1.9.2008) by The Police Act 1997 (Criminal Records) (Amendment) Regulations 2008 (S.I. 2008/2143), regs. 1(1), 2(2)