Modifications etc. (not altering text)
C1Pt. 5 (ss. 112-127) explained (prosp) by 1998 c. 29, s. 56(4)
C2Pt. 5: power to apply (with modifications) conferred (E.W.) (7.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 163(4), 178(2)
C3Pt. 5 explained (7.7.2008 for specified purposes, 3.3.2011 for specified purposes, 10.3.2015 in so far as not already in force) by Data Protection Act 1998 (c. 29), s. 56(4) (as amended (19.5.2008) by 2006 c. 47, ss. 63, 65, Sch. 9 para. 15(3) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2008/1320, art. 3; S.I. 2008/1592, art. 2; S.I. 2011/601, art. 2; S.I. 2015/312, art. 2)
C4Pt. 5 modified (temp.) (S.) (20.1.2009) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Transitory Provisions in Consequence of the Safeguarding Vulnerable Groups Act 2006) Order 2009 (S.S.I. 2009/4), arts. 1(2), 5 (with art. 3)
C5Pt. 5 modified (temp.) (S.) (20.1.2009) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Transitory Provisions in Consequence of the Safeguarding Vulnerable Groups Act 2006) Order 2009 (S.S.I. 2009/4), arts. 1(2), 4 (with art. 3)
(1)The Secretary of State shall issue a criminal conviction certificate to any individual who—
(a)makes an application [F1in the prescribed [F2 manner and] form], and
(b)[F3pays any fee that is payable in relation to the application under regulations made by the Secretary of State.]
[F3pays in the prescribed manner any prescribed fee]
(2)A criminal conviction certificate is a certificate which—
(a)gives the prescribed details of every conviction of the applicant which is recorded in central records, or
(b)states that there is no such conviction.
(3)In this section—
“central records” means such records of convictions [F4and conditional cautions] held for the use of police forces generally as may be prescribed;
[F5“conditional caution” means a caution given under section 22 of the Criminal Justice Act 2003 (c. 44) or section 66A of the Crime and Disorder Act 1998, other than one that is spent for the purposes of Schedule 2 to the Rehabilitation of Offenders Act 1974.]
“conviction” means a conviction within the meaning of the M1Rehabilitation of Offenders Act 1974, other than a spent conviction.
(4)Where an applicant has received a criminal conviction certificate, the Secretary of State may refuse to issue another certificate to that applicant during such period as may be prescribed.
Textual Amendments
F1Words in s. 112(1)(a) repealed (S.) (11.1.2008) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), ss. 79(1), 101(2) (with ss. 90, 99); S.S.I. 2007/564, art. 2, sch.; and words repealed (E.W.N.I.) (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 97(2), 116(1), Sch. 8 Pt. 8; S.I. 2010/125, art. 2(n)(u)
F2Words in s. 112(1)(a) inserted (E.W.) (29.1.2004) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 35 para. 2; S.I. 2004/81, art. 4(1)(2)(o)(i); and inserted (S.) (7.2.2006) by The Police Act 1997 Amendment (Scotland) Order 2006 (S.S.I. 2006/50), arts. 1(1), 2(1)(a)
F3S. 112(1)(b) substituted (S.) (7.2.2006) by The Police Act 1997 Amendment (Scotland) Order 2006 (S.S.I. 2006/50), arts. 1(1), 2(1)(b)
F4Words in s. 112 inserted (E.W.) (19.12.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 50(2)(a), 153(7); S.I. 2008/3260, art. 2(1)(b)
F5Words in s. 112 inserted (E.W.) (19.12.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 50(2)(b), 153(7); S.I. 2008/3260, art. 2(1)(b)
Commencement Information
I1S. 112 not in force at Royal Assent, see s. 135(1)
I2S. 112 in force at 1.4.2008 for N.I. by S.I. 2008/692, art. 2(a)
Marginal Citations