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(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 M1Protection of Children Act 1999;
[F5in the case of the 1988 Act list, the grounds on which he is so included; or]
[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;]
[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
[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 M3Rehabilitation 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—
a conviction within the meaning of the Rehabilitation of Offenders Act 1974, including a spent conviction, and
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.
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