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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), [F1or]

(b)for a purpose relating to any of the matters listed in subsection (5). [F2or

(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 M1Gaming 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 M2Lotteries and Amusements Act 1976 (societies, schemes and lottery managers);

(d)a licence under section 5 or 6 of the M3National Lottery etc. Act 1993 (running or promoting lotteries);

(e)[F3registration under section 71 of the M4Children Act 1989][F4 registration for child minding or providing day care under Part XA of that Act [F5, or the holding of a certificate under section 79W of that Act,] or registration under] Article 118 of the M5Children (Northern Ireland) Order 1995 (child minding and day care);

[F6(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);]

[F7(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 M6Children (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 M7Social Work (Scotland) Act 1968, the exercise by a local authority of their functions under the M8Foster Children (Scotland) Act 1984 or the placing of children with foster parents by virtue of section 70 of the M9Children (Scotland) Act 1995 (disposal of referral by children’s hearing).

[F8(h)a decision made by an adoption agency within the meaning of section 11 of the M10Adoption 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.

[F9(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, [F10or his suitability to adopt a child,] the enhanced criminal record certificate shall also state—

(a)whether the applicant is included [F11 in—

(i)the list kept under section 1 of the M11Protection of Children Act 1999;

(ii)[F12the list kept for the purposes of regulations made under section 218(6) of the M12Education Reform Act 1988 (“the 1988 Act list”); or]

(iii)[F12any list kept by the Secretary of State or the National Assembly for Wales of persons disqualified under section 470 or 471 of the M13Education Act 1996 (“the 1996 Act list”); and]

[F13(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;]]

[F14(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.]

[F15(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.]]

[F16(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 [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 [F17Primary 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)

F1Word 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

F2S. 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

F3Words 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)

F4Words 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.)

F5Words 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

F6S. 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)

F8S. 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)

F9S. 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

F10Words 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)

F11S. 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)

F15S. 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

F16S. 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

I1S. 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

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