The Adoption Support Agencies (England) and Adoption Agencies (Miscellaneous Amendments) Regulations 2005

2.  Either—

(a) where the certificate is required for a purpose relating to section 115(5)(ea) of the Police Act 1997 (registration under Part 2 of the 2000 Act)(1), or the position falls within section 115(3) of that Act(2), an enhanced criminal record certificate issued under section 115 of that Act; or

(b) in any other case, a criminal record certificate issued under section 113 of that Act,

including, where applicable, the matters specified in section 113(3A) or 115(6A) of that Act(3).

(1)

1997 c. 50. Section 115(5)(ea) is inserted by the Care Standards Act 2000, section 104 (c.14).

(2)

A position is within section 115(3) if it involves regularly caring for, training, supervising or being in sole charge of persons aged under 18.

(3)

Sections 113(3A) and 115(6A) are inserted by section 8 of the Protection of Children Act 1999 (c. 14) and amended by sections 102 and 104 of, and paragraph 25 of Schedule 4 to, the Care Standards Act 2000, section 135(2) and (3) of the Adoption and Children Act 2002 (c. 38) and Schedules 21 (paragraphs 72 and 73) and 22 (Part 3) to the Education Act 2002 (c. 32); sections 113 and 115 are repealed by the Serious Organised Crime and Police Act 2005, section 163(1) and Schedule 17, Part 2 (c.15).