C3 Part V Certificates of Criminal Records, &c.
I1112 Criminal conviction certificates.
1
The Secretary of State shall issue a criminal conviction certificate to any individual who—
a
makes an application in the prescribed F54 manner and 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.
I2113 Criminal record certificates.
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 F55manner and form countersigned by a registered person, and
b
pays F56in the prescribed manner 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.
F13A
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 F32the suitability of the applicant, or of a person living in the same household as the applicant, to be a foster parent or 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;
F23ii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F23iii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F24b
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;
F25c
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;
F26b
a position which involves work to which section 142 of the Education Act 2002 applies;
F27c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
a position of such other description as may be prescribed;
F28...
F613C
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 to be employed, supplied to work, found work or given work in a position (whether paid or unpaid) within subsection (3D), the criminal record certificate shall also state—
a
whether the applicant is included in the list kept under section 81 of the Care Standards Act 2000; and
b
if he is included in that list, such details of his inclusion as may be prescribed.
3D
A position is within this subsection if it is—
a
a care position within the meaning of Part VII of the Care Standards Act 2000; or
b
a position of such other description as may be prescribed.
F53E
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
F73F
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.
- i
I3114 Criminal record certificates: Crown employment.
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.
E2I4C4115 Enhanced criminal record certificates.
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 F47manner and form countersigned by a registered person, and
b
pays F48in the prescribed manner 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 F49for such purposes as may be prescribed under this subsection.
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
registration under section 71 of the M8Children Act 1989 F8 registration for child minding or providing day care under Part XA of that Act F9, 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);
F10ea
registration under Part II of the Care Standards Act 2000 (establishments and agencies);
eb
registration under Part IV of that Act (social care workers);
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).
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.
F136A
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, F14or F33the suitability of the applicant, or of a person living in the same household as the applicant, to be a foster parent or to adopt a child,, the enhanced criminal record certificate shall also state—
a
whether the applicant is included F15 in—
i
the list kept under section 1 of the M15Protection of Children Act 1999;
F29ii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F29iii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F30b
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;
F31c
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.
F606B
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 to be employed, supplied to work, found work or given work in a position (whether paid or unpaid) falling within subsection (3D) of section 113, the enhanced criminal record certificate shall also state—
a
whether the applicant is included in the list kept under section 81 of the Care Standards Act 2000; and
b
if he is included in that list, such details of his inclusion as may be prescribed.
F346BA
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.
F366C
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 [F17Primary 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 F35Primary 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.
E3I4115 Enhanced criminal record certificates.
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), F43...
b
for a purpose relating to any of the matters listed in subsection (5) F44or
c
in relation to an individual to whom any of subsections (6C) to (6G) 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
F11ee
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).
F45i
an assessment, investigation or review by an adoption agency or local authority as to the suitability of a person, whether or not the person in respect of whom the certificate is sought, to adopt a child (this paragraph being construed in accordance with sections 1(3A) and (4) and 65(1) of the Adoption (Scotland) Act 1978 (c. 28) and as if it were one of the provisions of that Act listed in the definition of “adoption agency” in the said section 65(1))
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.
F606B
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 to be employed, supplied to work, found work or given work in a position (whether paid or unpaid) falling within subsection (3D) of section 113, the enhanced criminal record certificate shall also state—
a
whether the applicant is included in the list kept under section 81 of the Care Standards Act 2000; and
b
if he is included in that list, such details of his inclusion as may be prescribed.
F466C
This subsection applies to an individual included or seeking inclusion in any list prepared for the purposes of Part II of the National Health Service (Scotland) Act 1978 (c. 29) of—
F58a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
dental practitioners undertaking to provide general dental services;
c
medical practitioners and ophthalmic opticians 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)(c) or (d); or
b
a partner of a partnership included or seeking inclusion in a list so referred to.
6E
This subsection applies to an individual included or seeking inclusion in any list prepared by virtue F59of section 17P of the National Health Service (Scotland) Act 1978 (persons performing primary medical services) and to an individual included or seeking inclusion in such other list prepared for the purposes of Part I or Part II of that Act as may be prescribed.
6F
This subsection applies to an individual appointed or seeking appointment—
a
as one of Her Majesty’s inspectors (as defined by section 135(1) of the Education (Scotland) Act 1980 (c. 44)); or
b
by the Scottish Ministers, for the purposes of section 66 of that Act of 1980 (inspection of educational establishments) or of section 9 of the Standards in Scotland’s Schools etc. Act 2000 (asp 6) (inspection of education authority).
6G
This subsection applies to an individual appointed or seeking appointment—
a
under section 39(2) of the Children (Scotland) Act 1995 (c. 36) (formation of children’s panel etc.) as a member of—
i
a children’s panel;
ii
the Children’s Panel Advisory Committee other than as chairman of that committee; or
iii
a joint advisory committee other than as chairman of such a committee;
b
by virtue of paragraph 7(b) of Schedule 1 to that Act of 1995 (appointment to sub-committee of Children’s Panel Advisory Committee of person who is not a member of that Committee);
c
as the Principal Reporter or under section 128(4) of the Local Government etc. (Scotland) Act 1994 (c. 39) as an officer to assist that officer;
d
as a prosecutor, as defined by section 307(1) of the Criminal Procedure (Scotland) Act 1995 (c. 46), or as an officer to assist a prosecutor or to assist in the work of the Crown Office; or
e
in a panel established by virtue of section 101(1) of the Children (Scotland) Act 1995 (panels for curators ad litem, reporting officers and safeguarders).
6H
Subsection (2) applies in relation to an exempted question asked in relation to an individual appointed or seeking appointment as mentioned in subsection (6G)(a) as it applies in relation to such a question asked in relation to an individual mentioned in paragraph (c) of subsection (2) except that, for the purposes of this subsection, the reference in that subsection to the registered person shall be construed as a reference to the Scottish Ministers or to a person nominated by them.
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.
I5116 Enhanced criminal record certificates: judicial appointments and Crown employment.
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
3
Section 115(6) to (10) shall apply in relation to this section with any necessary modifications.
I6117 Disputes about accuracy of certificates.
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.
I7118 Evidence of identity.
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.
I8119 Sources of information.
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 F37for the purposes of an application F38(whether for a certificate or for registration) under this Part.F37for 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.
F161A
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
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 F37for the purposes of an application under this Part.F37for 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.
C2I9120 Registered persons.
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 F18section 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).
F503
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
E1I10120 Registered persons.
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.
120ZAF51Regulations about registration
1
The Secretary of State may by regulations make further provision about registration.
2
Regulations under this section may in particular make provision for—
a
the payment of fees,
b
the information to be included in the register,
c
the registration of any person to be subject to conditions,
d
the nomination by—
i
a body corporate or unincorporate, or
ii
a person appointed to an office by virtue of any enactment,
of the individuals authorised to act for it or, as the case may be, him in relation to the countersigning of applications under this Part, and
e
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.
3
The provision which may be made by virtue of subsection (2)(c) includes provision—
a
for the registration or continued registration of any person to be subject to prescribed conditions or, if the regulations so provide, such conditions as the Secretary of State thinks fit, and
b
for the Secretary of State to vary or revoke those conditions.
4
The conditions imposed by virtue of subsection (2)(c) may in particular include conditions—
a
requiring a registered person, before he countersigns an application at an individual’s request, to verify the identity of that individual in the prescribed manner,
b
requiring an application under section 113 or 115 to be transmitted by electronic means to the Secretary of State by the registered person who countersigns it, and
c
requiring a registered person to comply with any code of practice for the time being in force under section 122.
120AF19 Refusal and cancellation of registration
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.
F203
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.
I11121 Performance by constables on central service in Scotland of functions under this Part.
In Scotland a constable engaged on central service (within the meaning of section 38 of the M16Police (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.
I12122 Code of practice.
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 F41, or the discharge of any function by, 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.
F404
Where the Scottish Ministers have reason to believe that—
a
a registered person; or
b
a body or individual at whose request a registered person has countersigned or is likely to countersign an application under section 113 or 115,
has failed to comply with the code of practice, they may remove the registered person from the register or impose conditions on him as respects his continuing to be listed in the register
122AF52Delegation of functions of Secretary of State
1
The Secretary of State may, to such extent and subject to such conditions as he thinks fit, delegate any relevant function of his under this Part to such person as he may determine.
2
A function is relevant for the purposes of subsection (1) if it does not consist of a power—
a
to make regulations, or
b
to publish or revise a code of practice or to lay any such code before Parliament.
3
A delegation under subsection (1) may be varied or revoked at any time.
I13123 Offences: falsification, &c.
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.
I14124 Offences: disclosure.
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.
124AF53Further offences: disclosure of information obtained in connection with delegated function
1
Any person who is engaged in the discharge of functions conferred by this Part on the Secretary of State commits an offence if he discloses information which has been obtained by him in connection with those functions and which relates to a particular person unless he discloses the information, in the course of his duties,—
a
to another person engaged in the discharge of those functions,
b
to the chief officer of a police force in connection with a request under this Part to provide information to the Secretary of State, or
c
to an applicant or registered person who is entitled under this Part to the information disclosed to him.
2
Where information is disclosed to a person and the disclosure—
a
is an offence under subsection (1), or
b
would be an offence under subsection (1) but for subsection (3)(a), (d) or (e),
the person to whom the information is disclosed commits an offence if he discloses it to any other person.
3
Subsection (1) does not apply to a disclosure of information which is made—
a
with the written consent of the person to whom the information relates,
b
to a government department,
c
to a person appointed to an office by virtue of any enactment,
d
in accordance with an obligation to provide information under or by virtue of any enactment, or
e
for some other purpose specified in regulations made by the Secretary of State.
4
A person who is guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 3 on the standard scale, or to both.
5
In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003, the reference in subsection (4) to 51 weeks is to be read as a reference to 6 months.
I15125 Regulations.
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.
I16126 Interpretation of Part V.
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 F21Police Service of Northern Ireland;
- i
“government department” includes a Northern Ireland department;
“Minister of the Crown” includes a Northern Ireland department;
“police authority” means—
“police force” means—
“prescribed” shall be construed in accordance with section 125(1).
2
In the application of this Part to Northern Ireland, a reference to the M18Rehabilitation of Offenders Act 1974, or to a provision of that Act, shall be construed as a reference to the M19Rehabilitation of Offenders (Northern Ireland) Order 1978 or, as the case may be, to the corresponding provision of that order.
I17127 Saving: disclosure of information and records.
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.
Pt. 5 (ss. 112-127) explained (prosp) by 1998 c. 29, s. 56(4)