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- Original (As enacted)
Police Act 1997 is up to date with all changes known to be in force on or before 13 November 2024. There are changes that may be brought into force at a future date.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
Part III Authorisation of Action in Respect of Property
Part V Certificates of Criminal Records, &c.
113C.Criminal record certificates: suitability relating to children
113D.Criminal record certificates: suitability relating to adults
113E.Criminal record certificates: specified children's and adults' lists: urgent cases
116. Enhanced criminal record certificates: judicial appointments and Crown employment.
116ZA.Copies of criminal record certificate or enhanced criminal record certificate
116ZB.Application for an order for a new criminal record certificate or enhanced criminal record certificate
120A. Refusal and cancellation of registration on grounds related to disclosure
120AA.Refusal, cancellation or suspension of registration on other grounds
120AB.Procedure for cancellation or suspension under section 120AA
120AC.Registered persons: information on progress of an application
120AD.Registered persons: copies of certificates in certain circumstances
121. Performance by constables on central service in Scotland of functions under this Part.
124A.Further offences: disclosure of information obtained in connection with delegated function
SCHEDULES
Levies Issued by NCIS Service Authority
Levies Issued by NCS Service Authority
Application to NCS Service Authority of Local Government Enactments
Local Government Act 1972 (c. 70)
1.In section 94 of the Local Government Act 1972 (disability...
2.In section 98— (a) in subsection (1A) (application to joint...
3.In section 99 (meetings and proceedings of local authorities) after...
4.(1) Section 100J (application to joint authorities etc. of provisions...
5.(1) Section 107 (application to police authorities of provisions relating...
6.(1) Section 146A (application to police authorities of miscellaneous powers...
7.In section 223 (appearance of local authorities in legal proceedings),...
8.In section 228 (inspection of documents), in subsection (7A), after...
9.The words “and the Service Authority for the National Crime...
10.(1) Schedule 12 (meetings and proceedings of local authorities) shall...
Local Government (Miscellaneous Provisions) Act 1976 (c. 57)
Local Government (Miscellaneous Provisions) Act 1982 (c. 30)
The Police Information Technology Organisation
13.The Secretary of State may make payments to the Organisation...
13A.(1) The Scottish Ministers may make payments to the Organisation...
14.(1) The Organisation may impose such charges as it considers...
15.The Organisation may, for purposes related to information technology, make...
16.(1) The Organisation shall keep proper accounts and records in...
Offences which must be disclosed unless a sheriff orders otherwise
21.An offence under any of the following provisions of the...
21A.An offence under any of the following paragraphs of Schedule...
22.An offence under section 9 of the Aviation and Maritime...
23.An offence under article 265 of the Air Navigation Order...
24C.An offence under section 2 of the Domestic Abuse (Scotland)...
24D.An offence under section 1 of the Domestic Abuse (Scotland)...
25B.An offence under section 1A of the Prevention of Crime...
27A.An offence under section 139AA of the Criminal Justice Act...
27B.An offence under section 9 of the Forced Marriage etc....
28C.An offence under any of the following provisions of the...
30.An offence under section 4 of the Asylum and Immigration...
31.An offence under section 47 of the Criminal Justice and...
31A.An offence under section 3A of the Female Genital Mutilation...
32.An offence under the Prohibition of Female Genital Mutilation (Scotland)...
32A.An offence under any of the following provisions of the...
34.An offence under any of the following provisions of the...
34A.An offence under any of the following provisions of the...
34B.An offence under section 28(1) of the Opticians Act 1989...
34C.An offence under section 32 of the Osteopaths Act 1993...
34D.An offence under section 32 of the Chiropractors Act 1994...
34E.An offence under article 39 of the Health Professions Order...
34F.An offence under article 44 of the Nursing and Midwifery...
35.An offence under article 38 (offences relating to the Register)...
39A.An offence under section 67 of the Serious Organised Crime...
41A.An offence under section 51A of the Civic Government (Scotland)...
42.A sexual offence within the meaning given by section 210A(10)...
43.An offence under any of the following provisions of the...
44.An offence under section 7 of the Protection of Children...
44A.An offence under any of the following provisions of the...
44C.An offence under any of the following provisions of the...
46.An offence under any of the following provisions of the...
48.An offence under any of the following provisions of the...
50.An offence under any of the following provisions of the...
53.An offence under section 315 of the Mental Health (Care...
54.An offence under any of the following provisions of the...
55A.An offence under section 26 of the Health (Tobacco, Nicotine...
REVIEW OF CRIMINAL RECORD CERTIFICATES
OFFENCES WHICH ARE TO BE DISCLOSED SUBJECT TO RULES
22.An offence under any of the following provisions of the...
25.An offence under any of the following provisions of the...
26.An offence under the Welfare of Animals (Slaughter or Killing)...
28.An offence under the Protection of Wild Mammals (Scotland) Act...
29.An offence under the Animal Health and Welfare (Scotland) Act...
32.An offence under section 32 of the Commissioners for Revenue...
33.An offence under the Emergency Workers (Scotland) Act 2005.
34.An offence under section 85 of the Fire (Scotland) Act...
36A.An offence under section 9 of the Aviation and Maritime...
36B.An offence under article 265 of the Air Navigation Order...
36C.An offence under any of the following paragraphs of schedule...
40.An offence under any of the following provisions of the...
41.An offence under article 27 of the Public Services Reform...
49.An offence under any of the following provisions of the...
50.An offence under the Criminal Justice (International Co-operation) Act 1990....
50A.An offence under any of the following provisions of the...
57.An offence under section 50(5) of the Civic Government (Scotland)...
59.An offence under any of the following provisions of the...
61.An offence under regulation 4(b) of the General Food Regulations...
64.An offence under section 46A of the Criminal Law (Consolidation)...
64B.An offence under section 993 of the Companies Act 2006...
65.An offence under section 49 of the Criminal Justice and...
68.An offence under section 9 of the Protection from Harassment...
70.An offence under any of the following provisions of the...
71.An offence under section 35 of the Asylum and Immigration...
72.An offence under section 21 of the Immigration, Asylum and...
76.An offence under any of the following provisions of the...
81.An offence under any of the following provisions of the...
82.An offence under section 85(3) of the Postal Services Act...
83.An offence under section 127(1) of the Communications Act 2003...
85.An offence under section 40(1) of the Children and Young...
86.An offence under section 50(2) of the Civic Government (Scotland)...
87.An offence under section 81 of the Children (Scotland) Act...
88.An offence under any of the following provisions of the...
91.An offence under section 50(3) (penalty for improper importation of...
92.An offence under any of the following provisions of the...
93.An offence under any of the following provisions of the...
93A.An offence under any of the following provisions of the...
98.An offence under the Proceeds of Crime Act 2002 (External...
99.An offence under the Proceeds of Crime Act 2002 (External...
101.An offence under the Prostitution (Public Places) (Scotland) Act 2007....
102A.An offence under section 68(1) of the Criminal Justice and...
109.An offence under section 22 of the Rent (Scotland) Act...
109A.An offence under section 1 of the Malicious Communications Act...
110.An offence under any of the following provisions of the...
111.An offence under any of the following provisions of the...
113.An offence (other than an offence listed in schedule 8A)...
Minor and Consequential Amendments
Police (Scotland) Act 1967 (c. 77)
8.The Police (Scotland) Act 1967 shall be amended as follows....
9.In section 27(3) (regulations as to police cadets), after “(1A),”...
11.In section 33 (inspectors of constabulary), in each of subsections...
12.At the end of section 36 (common services) there shall...
13.In section 38 (constables engaged on central service and certain...
14.In section 38A (constables engaged on service outside their force)—...
15.In section 39 (liability for wrongful acts of constables), in...
Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57)
Local Government (Miscellaneous Provisions) Act 1976 (c. 57)
Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55)
73.At the end of section 23 (collaboration agreements) there shall...
76.In section 54 (appointment and functions of inspectors of constabulary),...
77.In section 55 (publication of reports), after subsection (6) there...
78.(1) Section 57 (common services) shall be amended as follows....
79.In section 59 (Police Federations), after subsection (7) there shall...
80.In section 60 (regulations for police federations), after subsection (2)...
81.In section 61 (Police Negotiating Board for the United Kingdom),...
82.(1) Section 62 (functions of Police Negotiating Board) shall be...
83.(1) Section 63 (Police Advisory Boards) shall be amended as...
84.In section 64 (membership of trade unions), after subsection (4)...
85.In section 88 (liability for wrongful acts of constables), in...
86.(1) Section 97 (police officers engaged on service outside their...
87.(1) Section 98 (cross-border aid) shall be amended as follows....
Housing Grants, Construction and Regeneration Act 1996 (c. 53)
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