The Police Act 1997 (Criminal Record Certificates: Relevant Matter) (Amendment) (England and Wales) Order 2023

Made27th October 2023

Coming into force28th October 2023

The Secretary of State makes this Order in exercise of the powers conferred by section 113A(7) of the Police Act 19971.

In accordance with section 113A(8) of that Act, a draft of this Order has been laid before and approved by a resolution of each House of Parliament.

Citation, commencement and extent 1

1

This Order may be cited as the Police Act 1997 (Criminal Record Certificates: Relevant Matter) (Amendment) (England and Wales) Order 2023 and comes into force on the day after the day on which it is made.

2

This Order extends to England and Wales only.

Amendment to the Police Act 1997 2

In section 113A(6)2 of the Police Act 1997, the definition of “relevant matter”, as it has effect in England and Wales, is amended as follows—

a

at the end of paragraph (a)(ii), omit “or”;

b

after paragraph (a)(iii) insert—

or
iv
a conviction which is not a spent conviction within the meaning of the Rehabilitation of Offenders Act 1974;

c

after paragraph (d) insert—

;
e
a caution which is not spent for the purposes of Schedule 2 to the Rehabilitation of Offenders Act 1974

Sarah DinesParliamentary Under Secretary of StateHome Office27th October 2023

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the definition of “relevant matter”, as it has effect in England and Wales, in section 113A of the Police Act 1997 (c. 50). A relevant matter is a matter which, if it is recorded in central records, must be disclosed by the Disclosure and Barring Service in response to an application for a criminal record certificate or an enhanced criminal record certificate. The amendments made by this Order ensure that a conviction or caution that is not spent within the meaning of the Rehabilitation of Offenders Act 1974 (c. 53) will always be disclosed on such certificates.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector or community bodies is foreseen.