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Justice Act (Northern Ireland) 2015

Section 42: Up-dating certificates

This section inserts section 116A into the 1997 Act.  This makes provision for updating arrangements.  Currently, an individual has to apply for a new certificate for each job or volunteering opportunity for which a certificate is required as the information on it is only valid when issued.  Updating arrangements will make a certificate portable (allowing an individual to use their certificate for a variety of positions).

The provisions enable the Department to permit a relevant person - in many circumstances this will be an employer - to ask, subject to certain conditions, whether or not there is any new information. This will be done by means of an on-line facility and will enable the relevant person to establish if the information on the certificate remains valid and up to date and whether or not a new certificate should be requested. The section includes the provision that the Department must not grant an application for an enhanced criminal record certificate to be subject to up-date arrangements if the certificate contains (or would contain) information which relates to a third party.

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Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.


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