Serious Organised Crime and Police Act 2005

Section 163

SCHEDULE 14 Amendments of Part 5 of Police Act 1997

1 Part 5 of the Police Act 1997 (c. 50) (certificates of criminal records etc.) is amended as follows.

2 In section 114(3) for “Section 113(3) to (5)” substitute “Sections 113A(3) to (6) and 113C to 113F”.

3 In section 116—

(a) in the application to Scotland of subsection (2)(b) for “to which subsection (3) or (4) of section 115 applies” substitute “of such description as may be prescribed”;

(b) in subsection (3) for “Section 115(6) to (10)” substitute “Sections 113B(3) to (11) and 113C to 113F”.

4 In section 119—

(a) in subsection (1A) for “section 113(3A) or (3C) or (3EA) or (3EC)” substitute “section 113C(3) or 113D(3)”;

(b) in subsection (2) for “115” substitute “113B”.

5 In section 119A(2) for the words from “under” to “adults)” substitute “in a list mentioned in section 113C(3) or 113D(3)”.

6 In section 120—

(a) in subsection (3)(b) for “113 or 115” substitute “113A or 113B”;

(b) in subsection (5)(b) for “113 or 115” substitute “113A or 113B”;

(c) in subsection (7) for “113” substitute “113A”.

7 In section 120ZA(4)(b) for “113 or 115” substitute “113A or 113B”.

8 In section 120A (as inserted by section 134(1) of the Criminal Justice and Police Act 2001 (c. 16))—

(a) in subsection (3)(b) for “section 113(3A) or (3C) or (3EA) or (3EC)” substitute “section 113C(3) or 113D(3)”;

(b) in subsection (5) for “113” substitute “113A”.

9 In section 120B (as inserted by section 70 of the Criminal Justice (Scotland) Act 2003 (asp 7))—

(a) in subsection (3)(a) for “113” substitute “113A”;

(b) in subsection (3)(b) for “113(3C)” substitute “113C(3) or 113D(3)”;

(c) after subsection (6) (as inserted by section 165(2) of this Act) insert—

“(7) In the case of such a body the reference in subsection (5) to a police authority must be construed as a reference to such body as is prescribed.”

10 In section 121 for “under section 114(2), 115(4) or (10), 116(2), 122(1) or (2) or 125” substitute “in relation to the making of regulations or orders”.

11 In section 122(3) and (4)(b) for “113 or 115” substitute “113A or 113B”.

12 In section 124—

(a) in subsections (1), (2), (3), (4) and (6) for “113 or 115” substitute “113A or 113B”;

(b) in subsection (5) for “115(8)” substitute “113B(5)”;

(c) in subsection (6)(e) for “113” substitute “113A”.

13 In section 124B—

(a) in subsection (1) for “113” substitute “113A”;

(b) in subsection (3) for “113(5)” substitute “113A(6)”.

14 In section 125, at the end add—

“(6) If the power mentioned in subsection (1) is exercised by the Scottish Ministers, the reference in subsection (3) to each House of Parliament must be construed as a reference to the Scottish Parliament.”