The Serious Organised Crime and Police Act 2005 (Commencement No. 16) Order 2020

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings section 163(2) of the Serious Organised Crime and Police Act 2005 (c. 15) into force on 27th March 2020, insofar as it relates to section 113E(1) and (2) of the Police Act 1997 (c. 50) (“1997 Act”) and the type of applications listed in article 2(a) of this Order. For the purposes of applications made by an emergency volunteer, as defined in section 9(8)(a) of the Coronavirus Act 2020 (c. 7), section 163(2) will come into force immediately after section 9(8) of that Act comes into force.

Section 163(2) inserts sections 113A to 113F into the 1997 Act. Where an application is made for an enhanced criminal record certificate which is eligible for a check of the children’s and/or adults’ barred lists, section 113E provides for checks of those lists in urgent cases. A person included in a barred list is barred from engaging in regulated activity with the relevant group.

The commencement of section 163(2) is also limited to applications for enhanced criminal record certificates from those listed in article 2(a) and 2(b) and includes emergency volunteers, nurses, pharmacists, other health care professionals and social workers who are temporarily or otherwise registered under relevant legislation, including that modified by the Coronavirus Act 2020 and persons employed in connection with the provision of care and treatment of coronavirus disease.

An impact assessment has not been produced for this instrument as no impact on the private, voluntary or public sector is foreseen.