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  • Pt. 5 explained by 1998 c. 29 s. 56(4)
  • Pt. 5 extended in part (Guernsey) (with modifications) by S.I. 2009/3215 art. 3 Sch. 1 3
  • Pt. 5 extended in part (Isle of Man) (with modifications) by S.I. 2010/764 art. 3 Sch. 1 3
  • Pt. 5 extended in part (Jersey) (with modifications) by S.I. 2010/765 art. 3 Sch. 1 3
  • Pt. 5 modified (temp.) by S.S.I. 2009/4 art. 4 (This amendment comes into force on the same day as the Safeguarding Vulnerable Groups Act 2006 (Transitory Provisions) Order 2009 (S.S.I. 2009/12). That Order is in force at 20.1.2009)
  • Pt. 5 modified (temp.) by S.S.I. 2009/4 art. 5 (This amendment comes into force on the same day as the Safeguarding Vulnerable Groups Act 2006 (Transitory Provisions) Order 2009 (S.S.I. 2009/12). That Order is in force at 20.1.2009)
  • Pt. 5 power to apply (with modifications) conferred by 2005 c. 15 s. 163(4)

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Commencement Orders yet to be applied to the Police Act 1997

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Commencement Orders bringing legislation that affects this Act into force:

Part VE+W+S+N.I. Certificates of Criminal Records, &c.

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Modifications etc. (not altering text)

C1Part V (ss. 112 - 127) explained (prosp) by 1998 c. 29, s. 56(4)

112 Criminal conviction certificates.E+W+S+N.I.

(1)The Secretary of State shall issue a criminal conviction certificate to any individual who—

(a)makes an application in the prescribed form, and

(b)pays any fee that is payable in relation to the application under regulations made by the Secretary of State.

(2)A criminal conviction certificate is a certificate which—

(a)gives the prescribed details of every conviction of the applicant which is recorded in central records, or

(b)states that there is no such conviction.

(3)In this section—

  • central records” means such records of convictions held for the use of police forces generally as may be prescribed;

  • conviction” means a conviction within the meaning of the M1Rehabilitation of Offenders Act 1974, other than a spent conviction.

(4)Where an applicant has received a criminal conviction certificate, the Secretary of State may refuse to issue another certificate to that applicant during such period as may be prescribed.

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Commencement Information

I1S. 112 partly in force; s. 112 not in force at Royal Assent, see s. 135(1); s. 112 in force for S. at 31.7.2002 by S.S.I. 2002/124, art. 5

Marginal Citations

113 Criminal record certificates.E+W+S+N.I.

(1)The Secretary of State shall issue a criminal record certificate to any individual who—

(a)makes an application under this section in the prescribed form countersigned by a registered person, and

(b)pays any fee that is payable in relation to the application under regulations made by the Secretary of State.

(2)An application under this section must be accompanied by a statement by the registered person that the certificate is required for the purposes of an exempted question.

(3)A criminal record certificate is a certificate which—

(a)gives the prescribed details of every relevant matter relating to the applicant which is recorded in central records, or

(b)states that there is no such matter.

[F1(3A)If an application under this section is accompanied by a statement by the registered person that the certificate is required for the purpose of considering the applicant’s [F2suitability to be employed, supplied to work, found work or given work in] a position (whether paid or unpaid) within subsection (3B), [F3or his suitability to adopt a child,] the criminal record certificate shall also state—

(a)whether the applicant is included [F4in—

(i)the list kept under section 1 of the M2Protection of Children Act 1999;

(ii)[F5in the case of the 1988 Act list, the grounds on which he is so included; or]

(iii)[F5in the case of the 1996 Act list, the grounds on which he was disqualified under section 470 or 471.]]]

[F6(b)if he is included in the list kept under section 1 of the Protection of Children Act 1999 (c. 14), such details of his inclusion as may be prescribed;]

[F7(c)whether he is subject to a direction under section 142 of the Education Act 2002; and

(d)if he is subject to a direction under that section, such details of the circumstances in which it was given as may be prescribed, including the grounds on which it was given.]

(3B)A position is within this subsection if it is—

(a)a child care position within the meaning of the Protection of Children Act 1999;

[F8(b)a position which involves work to which section 142 of the Education Act 2002 applies;]

(c)[F9a position such that the holder’s access to persons aged under 19 may be prohibited or restricted by regulations under subsection (6A) of that section; or]

(d)a position of such other description as may be prescribed;

[F10and the reference to employment or further employment in paragraph (b) shall be construed in accordance with subsection (13) of that section.]

[F11(3E)The references in subsections (3A) and (3C) to suitability to be employed, supplied to work, found work or given work in a position falling within subsection (3B) or (3D) include references to suitability to be registered—

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

(b)under Part IV of that Act (social care workers); or

(c)[F12for child minding or providing day care under section 71 of the Children Act 1989] or Article 118 of the M3Children (Northern Ireland) Order 1995 (child minding and day care).]

[F13(3F)The references in subsections (3A) and (3C) to considering the applicant’s suitability to be employed, supplied to work, found work or given work in a position falling within subsection (3B) or (3D) include references to considering, for the purposes of Part 10A of the Children Act 1989 (child minding and day care in England and Wales), his suitability—

(a)to look after or be in regular contact with children under the age of eight, or

(b)in the case of an applicant for or holder of a certificate under section 79W of that Act, or a person prescribed under subsection (4) of that section, to look after children within the meaning of that section.]

(4)The Secretary of State shall send a copy of a criminal record certificate to the registered person who countersigned the application.

(5)In this section—

  • central records” means such records of convictions and cautions held for the use of police forces generally as may be prescribed;

  • exempted question” means a question in relation to which section 4(2)(a) or (b) of the M4Rehabilitation of Offenders Act 1974 (effect of rehabilitation) has been excluded by an order of the Secretary of State under section 4(4);

  • relevant matter” means—

    (i)

    a conviction within the meaning of the Rehabilitation of Offenders Act 1974, including a spent conviction, and

    (ii)

    a caution.

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Amendments (Textual)

F1S. 113(3A)(3B) inserted (E.W.N.I.) (12.3.2002 for E.W., otherwise prosp.) by 1999 c. 14, ss. 8(1), 14(2); S.I. 2002/1436, art. 2

F2Words in s. 113(3A) substituted (2.7.2001 (E.), 1.4.2002 (W.) and otherwise prosp.) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 25(1); S.I. 2001/2041, art. 2(1)(d)(i) (with transitional provisions and savings in art. 3, Sch.); S.I. 2002/920, art. 3(3)(d) (subject to art. 3(2)(4)-(10), Schs. 1-3)

F3Words in s. 113(3A) inserted (18.3.2002 for E.W., otherwise prosp.) by 2000 c. 14, ss. 104(2)(a), 122; S.I. 2002/629, art. 2(2)(b)(ii)

F4S. 113(3A)(a)(i)-(iii)(b) and word substituted (18.3.2002 for E.W., otherwise prosp.) for s. 113(3A)(b) and words by 2000 c. 14, ss. 102(1), 122; S.I. 2002/629, art. 2(2)(a)

F11S. 113(3E) inserted (18.3.2002 (E.W.) for certain purposes, 1.4.2002 (E.W.) for certain further purposes and otherwise prosp.) by 2000 c. 14, ss. 104(2)(b), 122; S.I. 2002/629, art. 2(2)(b)(iii)(3)(b)

F12Words in s. 113(3E)(c) substituted (E.) (20.1.2003) for the words "for child minding or providing day care under Part XA of the Children Act 1989" by The Education Act 2002 (Modification of Provisions) (No. 2) (England) Regulations 2002 (S.I. 2002/2953), reg. 3

F13S. 113(3F) inserted (1.10.2002 except in relation to W., 19.12.2002 otherwise) by Education Act 2002 (c. 32), s. 152, Sch. 13 para. 7(3) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. 1

Modifications etc. (not altering text)

Commencement Information

I2S. 113 partly in force; s. 113 not in force at Royal Assent, see s. 135(1); s. 113 in force for E.W. at 1.3.2002 and in force for S. at 25.4.2002 by S.I. 2002/413, art. 2 and S.S.I. 2002/124, art. 4

Marginal Citations

114 Criminal record certificates: Crown employment.E+W+S+N.I.

(1)The Secretary of State shall issue a criminal record certificate to any individual who—

(a)makes an application under this section in the prescribed form, and

(b)pays any fee that is payable in relation to the application under regulations made by the Secretary of State.

(2)An application under this section must be accompanied by a statement by a Minister of the Crown that the certificate is required for the purposes of an exempted question asked in the course of considering the applicant’s suitability for an appointment by or under the Crown.

(3)Section 113(3) to (5) shall apply in relation to this section with any necessary modifications.

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Commencement Information

I3S. 114 partly in force; s. 114 not in force at Royal Assent, see s. 135(1); s. 114 in force for E.W. at 1.3.2002 and in force for S. at 25.4.2002 by S.I. 2002/413, art. 2 and S.S.I. 2002/124, art. 4

115 Enhanced criminal record certificates.E+W+S+N.I.

(1)The Secretary of State shall issue an enhanced criminal record certificate to any individual who—

(a)makes an application under this section in the prescribed form countersigned by a registered person, and

(b)pays any fee that is payable in relation to the application under regulations made by the Secretary of State.

(2)An application under this section must be accompanied by a statement by the registered person that the certificate is required for the purposes of an exempted question asked—

(a)in the course of considering the applicant’s suitability for a position (whether paid or unpaid) within subsection (3) or (4), [F14or]

(b)for a purpose relating to any of the matters listed in subsection (5). [F15or

(c)in relation to an individual to whom subsection (6C), (6D) or (6E) applies.]

(3)A position is within this subsection if it involves regularly caring for, training, supervising or being in sole charge of persons aged under 18.

(4)A position is within this subsection if—

(a)it is of a kind specified in regulations made by the Secretary of State, and

(b)it involves regularly caring for, training, supervising or being in sole charge of persons aged 18 or over.

(5)The matters referred to in subsection (2)(b) are—

(a)a certificate for the purposes of sections 19 or 27(1) or (5) of the M5Gaming Act 1968 (gaming);

(b)a certificate of consent, or a licence, for any purpose of Schedule 2 to that Act (licences);

(c)registration or certification in accordance with Schedule 1A, 2 or 2A to the M6Lotteries and Amusements Act 1976 (societies, schemes and lottery managers);

(d)a licence under section 5 or 6 of the M7National Lottery etc. Act 1993 (running or promoting lotteries);

(e)[F16registration under section 71 of the M8Children Act 1989][F17 registration for child minding or providing day care under Part XA of that Act [F18, or the holding of a certificate under section 79W of that Act,] or registration under] Article 118 of the M9Children (Northern Ireland) Order 1995 (child minding and day care);

[F19(ea)registration under Part II of the Care Standards Act 2000 (establishments and agencies);

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

[F20(ee)registration under the Regulation of Care (Scotland) Act 2001 (asp 8) of a care service (as defined in section 2(1) of that Act);

(ef)registration under Part 3 of that Act of a social worker or other social service worker (“social worker” and “social service worker” having the same meanings as in that Act).]

(f)the placing of children with foster parents in accordance with any provision of, or made by virtue of, the Children Act 1989 or the M10Children (Northern Ireland) Order 1995 or the exercise of any duty under or by virtue of section 67 of that Act or Article 108 of that Order (welfare of privately fostered children);

(g)the approval of any person as a foster carer by virtue of section 5(2), (3) and (4) of the M11Social Work (Scotland) Act 1968, the exercise by a local authority of their functions under the M12Foster Children (Scotland) Act 1984 or the placing of children with foster parents by virtue of section 70 of the M13Children (Scotland) Act 1995 (disposal of referral by children’s hearing).

[F21(h)a decision made by an adoption agency within the meaning of section 11 of the M14Adoption Act 1976 as to a person’s suitability to adopt a child.]

(6)An enhanced criminal record certificate is a certificate which—

(a)gives—

(i)the prescribed details of every relevant matter relating to the applicant which is recorded in central records, and

(ii)any information provided in accordance with subsection (7), or

(b)states that there is no such matter or information.

[F22(6A)If an application under this section is accompanied by a statement by the registered person that the certificate is required for the purpose of considering the applicant’s suitability for a position (whether paid or unpaid) falling within subsection (3B) of section 113, [F23or his suitability to adopt a child,] the enhanced criminal record certificate shall also state—

(a)whether the applicant is included [F24 in—

(i)the list kept under section 1 of the M15Protection of Children Act 1999;

(ii)[F25the list kept for the purposes of regulations made under section 218(6) of the M16Education Reform Act 1988 (“the 1988 Act list”); or]

(iii)[F25any list kept by the Secretary of State or the National Assembly for Wales of persons disqualified under section 470 or 471 of the M17Education Act 1996 (“the 1996 Act list”); and]

[F26(b)if he is included in the list kept under section 1 of the Protection of Children Act 1999 (c. 14), such details of his inclusion as may be prescribed;]]

[F27(c)whether he is subject to a direction under section 142 of the Education Act 2002; and

(d)if he is subject to a direction under that section, such details of the circumstances in which it was given as may be prescribed, including the grounds on which it was given.]

[F28(6BA)The references in subsections (6A) and (6B) to considering the applicant’s suitability to be employed, supplied to work, found work or given work in a position falling within section 113(3B) or (3D) include references to considering, for the purposes of Part 10A of the Children Act 1989 (child minding and day care in England and Wales) his suitability—

(a)to look after or be in regular contact with children under the age of eight, or

(b)in the case of an applicant for or holder of a certificate under section 79W of that Act, or a person prescribed under subsection (4) of that section, to look after children within the meaning of that section.]]

[F29(6C)This subsection applies to an individual included or seeking inclusion in any list prepared for the purposes of Part 2 of the National Health Service Act 1977 (c. 49) of—

(a)medical practitioners undertaking to provide general medical services,

(b)persons undertaking to provide general dental services,

(c)persons undertaking to provide general ophthalmic services, or

(d)persons undertaking to provide pharmaceutical services.

(6D)This subsection applies to an individual who is—

(a)a director of a body corporate included or seeking inclusion in a list referred to in subsection (6C)(b) or (c),

(b)a member of a limited liability partnership included or seeking inclusion in a list referred to in subsection (6C)(c),

(c)a member of the body of persons controlling a body corporate (whether or not a limited liability partnership) included or seeking inclusion in a list referred to in subsection (6C)(d).

(6E)This subsection applies to an individual included or seeking inclusion in any list prepared by a [F30Primary Care Trust or] Health Authority under—

(a)section 28DA of the National Health Service Act 1977 or section 8ZA of the National Health Service (Primary Care) Act 1997 (lists of persons who may perform personal medical services or personal dental services), or

(b)section 43D of the 1977 Act (supplementary lists),

and to an individual included or seeking inclusion in any list corresponding to a list referred to in paragraph (a) prepared by a [F30Primary Care Trust or] Health Authority by virtue of regulations made under section 41 of the Health and Social Care Act 2001 (which provides for the application of enactments in relation to local pharmaceutical services).]

(7)Before issuing an enhanced criminal record certificate the Secretary of State shall request the chief officer of every relevant police force to provide any information which, in the chief officer’s opinion—

(a)might be relevant for the purpose described in the statement under subsection (2), and

(b)ought to be included in the certificate.

(8)The Secretary of State shall also request the chief officer of every relevant police force to provide any information which, in the chief officer’s opinion—

(a)might be relevant for the purpose described in the statement under subsection (2),

(b)ought not to be included in the certificate, in the interests of the prevention or detection of crime, and

(c)can, without harming those interests, be disclosed to the registered person.

(9)The Secretary of State shall send to the registered person who countersigned an application under this section—

(a)a copy of the enhanced criminal record certificate, and

(b)any information provided in accordance with subsection (8).

(10)In this section—

  • central records”, “exempted question” and “relevant matter” have the same meaning as in section 113; and

  • relevant police force”, in relation to an application under this section, means a police force which is a relevant police force in relation to that application under regulations made by the Secretary of State.

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Amendments (Textual)

F14Word in s. 115(2)(a) repealed (E.W.) (1.4.2002 for E., 1.7.2002 for W.) by 2001 c. 15, ss. 19(2)(a), 67(2), Sch. 6 Pt. 1 (with ss. 64(9), 65(4)); S.I. 2002/1095, art. 2(3), Sch. (with art. 3); S.I. 2002/1475, art. 2(1), Sch. Pt. 1

F15S. 115(2)(c) and preceding word inserted (E.W.) (1.4.2002 for E., 1.7.2002 for W.) by 2001 c. 15, s. 19(2)(b) (with ss. 64(9), 65(4)); S.I. 2002/1095, art. 2(3), Sch. (with art. 3); S.I. 2002/1475, art. 2(1), Sch. Pt. 1

F16Words in s. 115(5)(e) repealed (S.) (1.4.2002) by 2001 asp 8, s. 79, Sch. 3 para. 21(a); S.S.I. 2002/162, art. 2(f)(h) (subject to arts. 3-13)

F17Words in s. 115(5)(e) substituted (2.7.2001 for E., otherwise prosp.) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 25(2)(a); S.I. 2001/2041, art. 2(2)(d)(i) (with transitional provisions and savings in art. 3, Sch.)

F18Words in s. 115(5)(e) inserted (1.10.2002 except in relation to W., 19.12.2002 otherwise) by Education Act 2002 (c. 32), s. 152, Sch. 13 para. 8(2) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. 1

F19S. 115(5)(ea)(eb) inserted (1.4.2002 (E.W.) for certain purposes and otherwise prosp.) by 2000 c. 14, ss. 104(3)(a)(i), 122; S.I. 2002/629, art. 2(3)(c)

F21S. 115(5)(h) inserted (18.3.2002 for E.W., otherwise prosp.) by 2000 c. 14, ss. 104(3)(a)(ii), 122; S.I. 2002/629, art. 2(2)(b)(iv)

F22S. 115(6A) inserted (E.W.N.I.) (12.3.2002 for E.W., otherwise prosp.) by 1999 c. 14, ss. 8(2), 14(2); S.I. 2002/1436, art. 2

F23Words in s. 115(6A) inserted (18.3.2002 for E.W., otherwise prosp.) by 2000 c. 14, ss. 104(3)(b), 122; S.I. 2002/629, art. 2(2)(b)(v)

F24S. 115(6A)(a)(i)-(iii)(b) and word substituted (18.3.2002 for E.W., otherwise prosp.) for s. 115(6A)(b) and words by 2000 c. 14, ss. 102(2), 122; S.I. 2002/629, art. 2(2)(a)

F28S. 115(6BA) inserted (1.10.2002 except in relation to W., 19.12.2002 otherwise) by virtue of Education Act 2002 (c. 32), s. 152, Sch. 13 para. 8(3) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. 1

F29S. 115(6C)-(6E) inserted (E.W.) (1.4.2002 for E., 1.7.2002 for W.) by 2001 c. 15, s. 19(3) (with ss. 64(9), 65(4)); S.I. 2002/1095, art. 2(3), Sch. (with art. 3); S.I. 2002/1475, art. 2(1), Sch. Pt. 1

Commencement Information

I4S. 115 partly in force; s. 115 not in force at Royal Assent, see s. 135(1); s. 115 in force for E.W. at 1.3.2002 by S.I. 2002/413, art. 2; s. 115(4) in force for S. at 11.3.2002 by S.S.I. 2002/124, art. 3 and s. 115 otherwise in force for S. at 25.4.2002 by S.S.I. 2002/124, art. 4

Marginal Citations

116 Enhanced criminal record certificates: judicial appointments and Crown employment.E+W+S+N.I.

(1)The Secretary of State shall issue an enhanced criminal record certificate to any individual who—

(a)makes an application under this section in the prescribed form, and

(b)pays any fee that is payable in relation to the application under regulations made by the Secretary of State.

(2)An application under this section must be accompanied by a statement by a Minister of the Crown, or a person nominated by a Minister of the Crown, that the certificate is required for the purposes of an exempted question asked in the course of considering the applicant’s suitability for—

(a)a judicial appointment, or

(b)an appointment by or under the Crown to a position to which subsection (3) or (4) of section 115 applies.

(3)Section 115(6) to (10) shall apply in relation to this section with any necessary modifications.

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Commencement Information

I5S. 116 partly in force; s. 116 not in force at Royal Assent, see s. 135(1); s. 116 in force for E.W. at 1.3.2002 and in force for S. at 25.4.2002 by S.I. 2002/413, art. 2 and S.S.I. 2002/124, art. 4

117 Disputes about accuracy of certificates.E+W+S+N.I.

(1)Where an applicant for a certificate under any of sections 112 to 116 believes that the information contained in the certificate is inaccurate he may make an application in writing to the Secretary of State for a new certificate.

(2)The Secretary of State shall consider any application under this section; and where he is of the opinion that the information in the certificate is inaccurate he shall issue a new certificate.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I6S. 117 partly in force; s. 117 not in force at Royal Assent, see s. 135(1); s. 117 in force for E.W. at 1.3.2002 and in force for S. at 25.4.2002 by S.I. 2002/413, art. 2 and S.S.I. 2002/124, art. 4

118 Evidence of identity.E+W+S+N.I.

(1)The Secretary of State may refuse to issue a certificate under this Part, or to consider an application under section 117, unless the application is supported by such evidence of identity as he may require.

(2)In particular, the Secretary of State may refuse to issue a certificate or consider an application unless the applicant—

(a)has his fingerprints taken at such place and in such manner as may be prescribed, and

(b)pays the prescribed fee to such person as may be prescribed.

(3)Regulations dealing with the taking of fingerprints may make provision requiring their destruction in specified circumstances and by specified persons.

(4)Regulations prescribing a fee for the purposes of subsection (2)(b) shall make provision for a refund in cases of an application under section 117 where a new certificate is issued.

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Commencement Information

I7S. 118 partly in force; s. 118 not in force at Royal Assent, see s. 135(1); s. 118 in force for E.W. at 1.3.2002 and in force for S. at 25.4.2002 by S.I. 2002/413, art. 2 and S.S.I. 2002/124, art. 4

119 Sources of information.E+W+S+N.I.

(1)Any person who holds records of convictions or cautions for the use of police forces generally shall make those records available to the Secretary of State [F31for the purpose of enabling him to carry out his functions under this Part in relation to—.

(a)any application for a certificate or for registration; or

(b)the determination of whether a person should continue to be a registered person.]

[F32(1A)Any person who keeps a list mentioned in section 113(3A) or (3C) above shall make the contents of that list available to the Secretary of State for the purpose of enabling him to carry out his functions under this Part in relation to—

(a)any application for a certificate or for registration; or

(b)the determination of whether a person should continue to be a registered person.]

(2)Where the chief officer of a police force receives a request under section 115 or 116 he shall comply with it as soon as practicable.

(3)The Secretary of State shall pay to the appropriate police authority, F33. . . the prescribed fee for information provided in accordance with [F34section 120A(4) or subsection (2) of this section].

(4)Any person who holds records of fingerprints for the use of police forces generally shall make those records available to the Secretary of State [F31for the purpose of enabling him to carry out his functions under this Part in relation to—.

(a)any application for a certificate or for registration; or

(b)the determination of whether a person should continue to be a registered person.]

(5)No proceedings shall lie against the Secretary of State by reason of an inaccuracy in the information made available or provided to him in accordance with this section.

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Amendments (Textual)

F31Words in s. 119(1)(4) substituted (E.W.N.I.) (19.6.2001) by 2001 c. 16, s. 134(2)(a); S.I. 2001/2223, art. 2(1)(c)

F32S. 119(1A) inserted (E.W.N.I.) (19.6.2001) by 2001 c. 16, s. 134(2)(b); S.I. 2001/2223, art. 2(1)(c)

F34Words in s. 119(3) substituted (E.W.N.I.) (19.6.2001) by 2001 c. 16, s. 134(2)(c); S.I. 2001/2223, art. 2(1)(c)

Commencement Information

I8S. 119 partly in force; s. 119 not in force at Royal Assent, see s. 135(1); s. 119 in force for E.W. at 1.3.2002 and in force for S. at 25.4.2002 by S.I. 2002/413, art. 2 and S.S.I. 2002/124, art. 4

120 Registered persons.E+W+N.I.

(1)For the purposes of this Part a registered person is a person who is listed in a register to be maintained by the Secretary of State for the purposes of this Part.

(2)Subject to [F35section 120A and] regulations under subsection (3), the Secretary of State shall include in the register any person who applies to him in writing to be registered and satisfies the conditions in subsections (4) to (6).

(3)The Secretary of State may make regulations about the maintenance of the register; and regulations may, in particular, provide for—

(a)the information to be included in the register,

[F36(aa)the nomination, in the case of a body corporate or unincorporate, of the individuals authorised to act for the body in relation to the countersigning of applications under this Part;

F36(ab)the refusal by the Secretary of State, on such grounds as may be specified in or determined under the regulations, to accept or to continue to accept the nomination of a person as so authorised;]

(b)the removal from the register of persons who are, in the opinion of the Secretary of State, no longer likely to wish to countersign applications under section 113 or 115, and

(c)the payment of fees.

(4)A person applying for registration under this section must be—

(a)a body corporate or unincorporate,

(b)a person appointed to an office by virtue of any enactment, or

(c)an individual who employs others in the course of a business.

(5)A body applying for registration under this section must satisfy the Secretary of State that it—

(a)is likely to ask exempted questions, or

(b)is likely to countersign applications under section 113 or 115 at the request of bodies or individuals asking exempted questions.

(6)A person, other than a body, applying for registration under this section must satisfy the Secretary of State that he is likely to ask exempted questions.

(7)In this section “exempted question” has the same meaning as in section 113.

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Amendments (Textual)

F35Words in s. 120(2) inserted (E.W.N.I.) (19.6.2001) by 2001 c. 16, s. 134(3); S.I. 2001/2223, art. 2(1)(c)

Modifications etc. (not altering text)

C3This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only

Commencement Information

I9S. 120 partly in force; s. 120 not in force at Royal Assent, see s. 135(1); s. 120(3) in force for E.W. at 19.3.2001 and s. 120(1)(2)(4)-(7) in force for E.W. at 1.5.2001 by S.I. 2001/1097, art. 2; s. 120(3) in force for S. at 1.1.2002 and s. 120(1)(2)(4)-(7) in force for S. at 1.2.2002 by S.S.I. 2001/482, art. 2

120 Registered persons.S

(1)For the purposes of this Part a registered person is a person who is listed in a register to be maintained by the Secretary of State for the purposes of this Part.

(2)Subject to regulations under subsection (3), the Secretary of State shall include in the register any person who applies to him in writing to be registered and satisfies the conditions in subsections (4) to (6).

(3)The Secretary of State may make regulations about the maintenance of the register; and regulations may, in particular, provide for—

(a)the information to be included in the register,

(b)the removal from the register of persons who are, in the opinion of the Secretary of State, no longer likely to wish to countersign applications under section 113 or 115, and

(c)the payment of fees.

(4)A person applying for registration under this section must be—

(a)a body corporate or unincorporate,

(b)a person appointed to an office by virtue of any enactment, or

(c)an individual who employs others in the course of a business.

(5)A body applying for registration under this section must satisfy the Secretary of State that it—

(a)is likely to ask exempted questions, or

(b)is likely to countersign applications under section 113 or 115 at the request of bodies or individuals asking exempted questions.

(6)A person, other than a body, applying for registration under this section must satisfy the Secretary of State that he is likely to ask exempted questions.

(7)In this section “exempted question” has the same meaning as in section 113.

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Extent Information

E1This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland only

Commencement Information

I17S. 120 partly in force; s. 120 not in force at Royal Assent, see s. 135(1); s. 120(3) in force for E.W. at 19.3.2001 and s. 120(1)(2)(4)-(7) in force for E.W. at 1.5.2001 by S.I. 2001/1097, art. 2; s. 120(3) in force for S. at 1.1.2002 and s. 120(1)(2)(4)-(7) in force for S. at 1.2.2002 by S.S.I. 2001/482, art. 2

[F37120A Refusal and cancellation of registrationE+W+S+N.I.

(1)The Secretary of State may refuse to include a person in the register maintained for the purposes of this Part if it appears to him that the registration of that person is likely to make it possible for information to become available to an individual who, in the Secretary of State’s opinion, is not a suitable person to have access to that information.

(2)The Secretary of State may remove a person from the register if it appears to the Secretary of State—

(a)that the registration of that person is likely to make it possible for information to become available to an individual who, in the Secretary of State’s opinion, is not a suitable person to have access to that information; or

(b)that the registration of that person has resulted in information becoming known to such an individual.

F38(3)In determining for the purposes of this section whether an individual is a suitable person to have access to any information, the Secretary of State may have regard, in particular, to—

(a)any information relating to that person which concerns a relevant matter;

(b)whether that person is included in any list mentioned in section 113(3A) or (3C); and

(c)any information provided to the Secretary of State under subsection (4).

(4)It shall be the duty of the chief officer of any police force to comply, as soon as practicable after receiving it, with any request by the Secretary of State to provide the Secretary of State with information which—

(a)is available to the chief officer;

(b)relates to—

(i)an applicant for registration;

(ii)a registered person; or

(iii)an individual who is likely to have access to information in consequence of the countersigning of applications by a particular applicant for registration or by a particular registered person;

and

(c)concerns a matter which the Secretary of State has notified to the chief officer to be a matter which, in the opinion of the Secretary of State, is relevant to the determination of the suitability of individuals for having access to the information that may be provided in consequence of the countersigning of applications under this Part.

(5)In this section “relevant matter” has the same meaning as in section 113.]

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Amendments (Textual)

F37S. 120A inserted (E.W.N.I.) (19.6.2001) by 2001 c. 16, s. 134(1); S.I. 2001/2223, art. 2(1)(c)

F38S. 120A(3) applied (13.8.2001) by S.I. 2001/1194, reg. 3A(4) (as inserted by S.I. 2001/2498, reg. 2(3))

121 Performance by constables on central service in Scotland of functions under this Part.E+W+S+N.I.

In Scotland a constable engaged on central service (within the meaning of section 38 of the M18Police (Scotland) Act 1967) may perform functions under this Part (other than functions under section 114(2), 115(4) or (10), 116(2), 122(1) or (2) or 125) on behalf of the Secretary of State; and without prejudice to the application of subsection (5) of section 119 in respect of any other person performing functions on behalf of the Secretary of State, that subsection shall apply in respect of any constable performing functions by virtue of this section as the subsection applies in respect of the Secretary of State.

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Commencement Information

I10S. 121 partly in force; s. 121 not in force at Royal Assent, see s. 135(1); s. 121 in force for E.W. at 1.3.2002 and in force for S. at 25.4.2002 by S.I. 2002/413, art. 2 and S.S.I. 2002/124, art. 4

Marginal Citations

122 Code of practice.E+W+S+N.I.

(1)The Secretary of State shall publish, and may from time to time revise, a code of practice in connection with the use of information provided to registered persons under this Part.

(2)The Secretary of State shall lay before Parliament the code of practice under this section as soon as practicable after publication and after revision.

(3)The Secretary of State may refuse to issue a certificate under section 113 or 115 if he believes that the registered person who countersigned the application—

(a)has failed to comply with the code of practice under this section, or

(b)countersigned at the request of a body which, or individual who, has failed to comply with the code of practice.

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Commencement Information

I11S. 122 partly in force; s. 122 not in force at Royal Assent, see s. 135(1); s. 122(1)(2) in force for E.W. at 19.3.2001 and in force for S. at 1.1.2002 by S.I. 2001/1097, art. 2(1) and S.S.I. 2001/482, art. 2(1); s. 122(3) in force for E.W. at 1.3.2002 and in force for S. at 25.4.2002 by S.I. 2002/413, art. 2 and S.S.I. 2002/124, art. 4

123 Offences: falsification, &c.E+W+S+N.I.

(1)A person commits an offence if, with intent to deceive, he—

(a)makes a false certificate under this Part,

(b)alters a certificate under this Part,

(c)uses a certificate under this Part which relates to another person in a way which suggests that it relates to himself, or

(d)allows a certificate under this Part which relates to him to be used by another person in a way which suggests that it relates to that other person.

(2)A person commits an offence if he knowingly makes a false statement for the purpose of obtaining, or enabling another person to obtain, a certificate under this Part.

(3)A person who is guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.

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Commencement Information

I12S. 123 partly in force; s. 123 not in force at Royal Assent, see s. 135(1); s. 123 in force for E.W. at 1.3.2002 and in force for S. at 25.4.2002 by S.I. 2002/413, art. 2 and S.S.I. 2002/124, art. 4

124 Offences: disclosure.E+W+S+N.I.

(1)A member, officer or employee of a body registered under section 120 commits an offence if he discloses information provided following an application under section 113 or 115 unless he discloses it, in the course of his duties,—

(a)to another member, officer or employee of the registered body,

(b)to a member, officer or employee of a body at the request of which the registered body countersigned the application, or

(c)to an individual at whose request the registered body countersigned the relevant application.

(2)Where information is provided under section 113 or 115 following an application countersigned at the request of a body which is not registered under section 120, a member, officer or employee of the body commits an offence if he discloses the information unless he discloses it, in the course of his duties, to another member, officer or employee of that body.

(3)Where information is provided under section 113 or 115 following an application countersigned by or at the request of an individual—

(a)the individual commits an offence if he discloses the information unless he discloses it to an employee of his for the purpose of the employee’s duties, and

(b)an employee of the individual commits an offence if he discloses the information unless he discloses it, in the course of his duties, to another employee of the individual.

(4)Where information provided under section 113 or 115 is disclosed to a person and the disclosure—

(a)is an offence under this section, or

(b)would be an offence under this section but for subsection (5) or (6)(a), (d), (e) or (f),

the person to whom the information is disclosed commits an offence (subject to subsections (5) and (6)) if he discloses it to any other person.

(5)Subsections (1) to (4) do not apply to a disclosure of information provided in accordance with section 115(8) which is made with the written consent of the chief officer who provided the information.

(6)Subsections (1) to (4) do not apply to a disclosure of information contained in a certificate under section 113 or 115 which is made—

(a)with the written consent of the applicant for the certificate, or

(b)to a government department, or

(c)to a person appointed to an office by virtue of any enactment, or

(d)in accordance with an obligation to provide information under or by virtue of any enactment, or

(e)for the purposes of answering an exempted question (within the meaning of section 113) of a kind specified in regulations made by the Secretary of State, or

(f)for some other purpose specified in regulations made by the Secretary of State.

(7)A person who is guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 3 on the standard scale, or to both.

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Commencement Information

I13S. 124 partly in force; s. 124 not in force at Royal Assent, see s. 135(1); s. 124 in force for E.W. at 1.3.2002 and in force for S. at 25.4.2002 by S.I. 2002/413, art. 2 and S.S.I. 2002/124, art. 4

125 Regulations.E+W+S+N.I.

(1)Anything authorised or required by any provision of this Part to be prescribed shall be prescribed by regulations made by the Secretary of State.

(2)Regulations under this Part shall be made by statutory instrument.

(3)A statutory instrument which contains (whether alone or with other provisions) regulations made by virtue of section 115(4) shall not be made unless a draft has been laid before, and approved by resolution of, each House of Parliament.

(4)A statutory instrument to which subsection (3) does not apply shall be subject to annulment pursuant to a resolution of either House of Parliament.

(5)Regulations under this Part may make different provision for different cases.

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Commencement Information

I14S. 125 partly in force; s. 125 not in force at Royal Assent, see s. 135(1); s. 125 in force for E.W. at 19.3.2001 and in force for S. at 1.1.2002 by S.I. 2001/1097, art. 2(1) and S.S.I. 2001/482, art. 2(1)

126 Interpretation of Part V.E+W+S+N.I.

(1)In this Part—

  • caution” means a caution given to a person in England and Wales or Northern Ireland in respect of an offence which, at the time when the caution is given, he has admitted;

  • certificate” means any one or more documents issued in response to a particular application;

  • chief officer” means—

    (i)

    a chief officer of police of a police force in England and Wales,

    (ii)

    a chief constable of a police force in Scotland, and

    (iii)

    the Chief Constable of the [F39Police Service of Northern Ireland];

  • government department” includes a Northern Ireland department;

  • Minister of the Crown” includes a Northern Ireland department;

  • police authority” means—

    (i)

    a police authority for an area in Great Britain or a joint police board (within the meaning of the M19Police (Scotland) Act 1967), and

    (ii)

    the [F40Northern Ireland Policing Board];

  • police force” means—

    (i)

    a police force in Great Britain, and

    (ii)

    the [F39Police Service of Northern Ireland] and the [F39Police Service of Northern Ireland Reserve];

  • prescribed” shall be construed in accordance with section 125(1).

(2)In the application of this Part to Northern Ireland, a reference to the M20Rehabilitation of Offenders Act 1974, or to a provision of that Act, shall be construed as a reference to the M21Rehabilitation of Offenders (Northern Ireland) Order 1978 or, as the case may be, to the corresponding provision of that order.

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Amendments (Textual)

Commencement Information

I15S. 126 partly in force; s. 126 not in force at Royal Assent, see s. 135(1); s. 126 in force for E.W. at 1.3.2002 and in force for S. at 25.4.2002 by S.I. 2002/413, art. 2 and S.S.I. 2002/124, art. 4

Marginal Citations

127 Saving: disclosure of information and records.E+W+S+N.I.

Nothing in sections 112 to 119 shall be taken to prejudice any power which exists apart from this Act to disclose information or to make records available.

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Commencement Information

I16S. 127 partly in force; s. 127 not in force at Royal Assent, see s. 135(1); s. 127 in force for E.W. at 1.3.2002 and in force for S. at 25.4.2002 by S.I. 2002/413, art. 2 and S.S.I. 2002/124, art. 4

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