Police Act 1997

Changes over time for: Part V

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Changes to legislation:

Police Act 1997, Part V is up to date with all changes known to be in force on or before 09 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Changes and effects yet to be applied to Part V:

Pt. 5 repealed by 2020 asp 13 sch. 5 para. 3

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 112(2A) inserted by 2011 c. 24 (N.I.) s. 101
s. 112(2A) inserted by 2009 c. 26 s. 93 (This amendment not applied to legislation.gov.uk. S. 93 repealed (10.9.2012) without ever being in force by 2012 c. 9, ss. 79(1), 120, Sch. 10 Pt. 6; S.I. 2012/2234, art. 2(cc))
s. 113(3)(e) words inserted by S.S.I. 2006/50 art. 2(2)
s. 113(3G) inserted by 2002 c. 32 Sch. 12 para. 14
s. 113(3G) inserted by 2002 c. 32, Sch. 12 para. 14 (as extended) by 2003 asp 5 s. 12(1)(c)
s. 113(3EA) (3EB) inserted by S.I. 2003/417 (N.I.) art. 17(4)
s. 113(3EC) (3ED) inserted by S.I. 2003/417 (N.I.) art. 47(3)
s. 113(4A) inserted by 2003 c. 44 Sch. 35 para. 3(3)
s. 113(4A) insertion by 2003 c. 44, Sch. 35 para. 3(3) extended to N.I. by 2005 c. 15 s. 167(a)
s. 113A(6A)-(6C) inserted by 2011 asp 1 s. 188(b)
s. 115(5)(ec) inserted by 2002 c. 32 Sch. 12 para. 15(2)
s. 115(5)(ec) inserted by 2002 c. 32, Sch. 12 para. 15(2) (as extended) by 2003 asp 5 s. 12(1)(c)
s. 115(5)(ga) inserted by 2001 c. 12 s. 21 (Amendment not applied to legislation.gov.uk. S. 21 repealed (6.4.2006 for E.W.) by 2003 c. 44, Sch. 37 Pt. 11; S.I. 2006/751, art. 2(d))
s. 115(6BB) inserted by 2002 c. 32 Sch. 12 para. 15(3)
s. 115(6BB) inserted by 2002 c. 32, Sch. 12 para. 15(3) (as extended) by 2003 asp 5 s. 12(1)(c)
s. 115(6EA) inserted by S.I. 2003/417 (N.I.) art. 17(5)
s. 115(6EB) inserted by S.I. 2003/417 (N.I.) art. 47(4)
s. 115(9A) (9B) inserted by 2003 c. 44 Sch. 35 para. 4(5)
s. 115(9A) (9B) insertion by 2003 c. 44, Sch. 35 para. 4(5) extended to N.I. by 2005 c. 15 s. 167(a)
s. 118(2ZA) inserted by 2009 c. 26 s. 95
s. 118(2ZA) words substituted by S.I. 2012/3006 art. 37(j) (This amendment not applied to legislation.gov.uk. The insertion of s. 118(2ZA) by 2009 c. 26, s. 95 is still prospective)
s. 121(a) inserted by 2006 asp 10 s. 3(8)(a)
Sch. 8A para. 34G inserted by S.I. 2024/374 Sch. 5 para. 3
Sch. 8B para. 102(ea) inserted by 2023 c. 47 s. 3(2)

Part VU.K. Certificates of Criminal Records, &c.

Modifications etc. (not altering text)

C1Pt. 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)

C2Pt. 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)

C3Pt. 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)

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), 4 (with art. 3)

C5Pt. 5 extended in part (Guernsey) (with modifications) (10.12.2009) by The Police Act 1997 (Criminal Records) (Guernsey) Order 2009 (S.I. 2009/3215), arts. 1(2), 3, Sch. 1, Sch. 3 (with arts. 1(3), 6-8)

C6Pt. V extended in part (Jersey) (with modifications) (18.3.2010) by The Police Act 1997 (Criminal Records) (Jersey) Order 2010 (S.I. 2010/765), arts. 1(2), 3, Schs. 1, 3 (with arts. 1(3), 6-8)

C7Pt. V extended in part (Isle of Man) (with modifications) (18.3.2010) by The Police Act 1997 (Criminal Records) (Isle of Man) Order 2010 (S.I. 2010/764), arts. 1(2), 3, Schs. 1, 3 (with arts. 1(3), 6-8)

112 Criminal conviction certificates.U.K.

(1)[F1The Secretary of State] [F1DBS] shall issue a criminal conviction certificate to any individual who—

(a)makes an application F2...,

[F3(aa)is aged 16 or over at the time of making the application,] and

(b)[F4pays any fee that is payable in relation to the application under regulations made by the Secretary of State.]

[F4pays in the prescribed manner any prescribed fee]

(2)A criminal conviction certificate is a certificate which—

(a)gives the prescribed details of every conviction [F5or conditional caution] of the applicant which is recorded in central records, or

(b)states that there [F6is no such conviction] [F6are no such convictions and conditional cautions].

(3)In this section—

“central records” means such records of convictions [F7and conditional cautions] held for the use of police forces generally as may be prescribed;
[F8“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, [F9the Secretary of State] [F9DBS] may refuse to issue another certificate to that applicant during such period as may be prescribed.

Textual Amendments

F1Words in s. 112(1) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(a) (with Pt. 4)

F2Words 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)

F3S. 112(1)(aa) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 80(1), 120 (with s. 97); S.I. 2012/2234, art. 2(s) (with art. 5)

F4S. 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)

F5Words in s. 112(2)(a) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 84(a), 120 (with s. 97); S.I. 2012/2234, art. 2(v)

F6Words in s. 112(2)(b) substituted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 84(b), 120 (with s. 97); S.I. 2012/2234, art. 2(v)

F7Words 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)

F8Words 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)

F9Words in s. 112(4) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(a) (with Pt. 4)

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)

I3S. 112 in force at 10.3.2014 for E.W. by S.I. 2014/237, art. 2

Marginal Citations

M11974 c. 53.

F10113 Criminal record certificates.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10S. 113 repealed (1.4.2006 for S., 6.4.2006 for E.W.) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 163(1), 178(4)(d)(8), Sch. 17 Pt. 2; S.S.I. 2006/166, art. 2(1)(c)(d); S.I. 2006/378, art. 7(a)(f)

[F11113AF11Criminal record certificatesE+W

(1)[F12DBS] must issue a criminal record certificate to any individual who—

(a)makes an application F13...,

[F14(aa)is aged 16 or over at the time of making the application,] and

(b)pays in the prescribed manner any prescribed fee.

(2)The application must—

(a)be countersigned by a registered person, and

(b)be accompanied by a statement by the registered person that the certificate is required for the purposes of an exempted question.

[F15(2A)But an application for a criminal record certificate need not be countersigned by a registered person if—

(a)the application is transmitted to [F16DBS] electronically by a registered person who satisfies conditions determined by [F16DBS], and

(b)it is transmitted in accordance with requirements determined by [F16DBS].]

(3)A criminal record certificate is a certificate which—

(a)gives the prescribed details of every relevant matter relating to the applicant which is recorded in central records, or

(b)states that there is no such matter.

F17(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)[F18DBS] may treat an application under this section as an application under section 113B if—

(a)in [F19its] opinion the certificate is required for a purpose prescribed under subsection (2) of that section,

(b)the registered person provides [F20it] with the statement required by that subsection, and

(c)the applicant consents and pays to [F18DBS] the amount (if any) by which the fee payable in relation to an application under that section exceeds the fee paid in relation to the application under this section.

(6)In this section—

“central records” means such records of convictions and cautions held for the use of police forces generally as may be prescribed;
“exempted question” means a question [F21which—
(a)
so far as it applies to convictions, is a question] in relation to which section 4(2)(a) or (b) of the Rehabilitation of Offenders Act 1974 (effect of rehabilitation) has been excluded by an order of the Secretary of State under section 4(4) of that Act; [F22and—
(b)
so far as it applies to cautions, is a question to which paragraph 3(3) or (4) of Schedule 2 to that Act has been excluded by an order of the Secretary of State under paragraph 4 of that Schedule;]
[F23“relevant matter”, in this section as it has effect in England and Wales, means—
(a)
[F24any of the following convictions]—
(i)
a conviction of an offence within subsection (6D);
(ii)
a conviction in respect of which a custodial sentence or a sentence of service detention was imposed; F25...
(iii)
a current conviction; [F26or
(iv)
a conviction which is not a spent conviction within the meaning of the Rehabilitation of Offenders Act 1974;]
(b)
F27...
(c)
a caution given in respect of an offence within subsection (6D) [F28where the person was aged 18 or over on the date it was given];
(d)
a current caution][F29;
(e)
a caution which is not spent for the purposes of Schedule 2 to the Rehabilitation of Offenders Act 1974].

[F30(6D)The offences referred to in paragraphs (a)(i) and (c) of the definition of “relevant matter” in subsection (6), as it has effect in England and Wales, are as follows—

(a)murder;

(b)an offence under section 67(1A) of the Medicines Act 1968 (prescribing, etc. a medicinal product in contravention of certain conditions);

(c)an offence under any of sections 126 to 129 of the Mental Health Act 1983;

(d)an offence specified in the Schedule to the Disqualification from Caring for Children (England) Regulations 2002;

(e)an offence specified in Schedule 15 to the Criminal Justice Act 2003 (specified offences for the purposes of Chapter 5 of Part 12 of that Act (dangerous offenders));

(f)an offence under the following provisions of the Mental Capacity Act 2005—

(i)section 44 (ill-treatment or neglect);

(ii)paragraph 4 of Schedule 1 (applications and procedure for registration);

(iii)paragraph 4 of Schedule 4 (duties of attorney in event of incapacity of donor);

(g)an offence under section 7, 9 or 19 of the Safeguarding Vulnerable Groups Act 2006 (offences in respect of regulated activity);

(h)an offence specified in section 17(3)(a), (b) or (c) of the Health and Social Care Act 2008 (cancellation of registration), apart from an offence under section 76 of that Act (disclosure of confidential personal information);

(i)an offence specified in the Schedule to the Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria and Miscellaneous Provisions) Regulations 2009;

(j)an offence specified in Schedule 2 or 3 to the Childcare (Disqualification) Regulations 2009;

(k)an offence which has been superseded (directly or indirectly) by an offence within paragraphs (a) to (j);

(l)an offence of—

(i)attempting or conspiring to commit any offence falling within paragraphs (a) to (k), or

(ii)inciting or aiding, abetting, counselling or procuring the commission of any such offence,

or an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) committed in relation to any such offence;

(m)an offence under the law of Scotland or Northern Ireland or any territory outside the United Kingdom which corresponds to an offence under the law of England and Wales within any of paragraphs (a) to (l);

(n)any offence under section 42 of the Armed Forces Act 2006 in relation to which the corresponding offence under the law of England and Wales (within the meaning of that section) is an offence within any of paragraphs (a) to (l);

(o)an offence under section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957 of which the corresponding civil offence (within the meaning of that Act) is an offence within any of paragraphs (a) to (l).

(6E)For the purposes of the definition of “relevant matter” as it has effect in England and Wales—

(a)“conviction” has the same meaning as in the Rehabilitation of Offenders Act 1974, and includes a spent conviction within the meaning of that Act;

(b)“caution” includes a caution which is spent for the purposes of Schedule 2 to that Act but excludes a disregarded caution within the meaning of Chapter 4 of Part 5 of the Protection of Freedoms Act 2012;

(c)a person’s conviction is a current conviction if—

(i)the person was aged 18 or over on the date of the conviction and that date fell within the 11 year period ending with the day on which the certificate is issued, or

(ii)the person was aged under 18 on the date of conviction and that date fell within the period of 5 years and 6 months ending with the day on which the certificate is issued;

(d)a caution given to a person is a current caution if—

(i)the person was aged 18 or over on the date it was given and that date fell within the 6 year period ending with the day on which the certificate is issued, F31...

F31(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)“custodial sentence” and “sentence of service detention” have the same meaning as in section 5(8) of the Rehabilitation of Offenders Act 1974.

(6F)Section 139(1) and (4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (which amends section 5(8) of the Rehabilitation of Offenders Act 1974) is to be treated for the purposes of subsection (6E)(e) as being in force when subsection (6E)(e) comes into force.]

[F32(7)The Secretary of State may by order amend the definitions of “central records” and “relevant matter” in subsection (6).

(8)The power to make an order under subsection (7) is exercisable by statutory instrument, but no such order may be made unless a draft of the instrument containing the order is laid before and approved by resolution of each House of Parliament.]

[F33(9)For the purposes of this Part a person acts as the registered person in relation to an application for a criminal record certificate if the person—

(a)countersigns the application, or

(b)transmits the application to [F34DBS] under subsection (2A).]

F35(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11Ss. 113A-113F inserted (1.4.2006 for S. except for the insertion of s. 113E, 6.4.2006 for E.W. for specified purposes, 25.9.2006 for E.W. for specified purposes, 12.11.2007 for E.W. for specified purposes, 29.2.2008 for E.W. for specified purposes, 1.4.2008 for N.I., 9.3.2015 for E.W. for specified purposes) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 163(2), 178(4)(d)(8); S.S.I. 2006/166, art. 2(1)(c); S.I. 2006/378, art. 7(a); S.I. 2006/2182, art. 2; S.I. 2007/3064, art. 2; S.I. 2008/306, art. 2; S.I. 2008/697, art. 2(a); S.I. 2015/188, art. 2

F12Words in s. 113A(1) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(b) (with Pt. 4)

F13Words in s. 113A(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)

F14S. 113A(1)(aa) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 80(1), 120 (with s. 97); S.I. 2012/2234, art. 2(s) (with art. 5)

F15S. 113A(2A) inserted (E.W.) (2.3.2009) by The Police Act 1997 (Criminal Records) (Electronic Communications) Order 2009 (S.I. 2009/203), arts. 1(1), 3(2)

F16Words in s. 113A(2A) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(b) (with Pt. 4)

F17S. 113A(4) repealed (E.W.) (17.6.2013) by Protection of Freedoms Act 2012 (c. 9), ss. 79(2)(a), 120, Sch. 10 Pt. 6 (with s. 97); S.I. 2013/1180, art. 2(a)

F18Words in s. 113A(5) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(b) (with Pt. 4)

F19Word in s. 113A(5)(a) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 38(a) (with Pt. 4)

F20Word in s. 113A(5)(b) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 38(b) (with Pt. 4)

F21Words in s. 113A(6) inserted (E.W.) (19.12.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 50(3)(a), 153(7); S.I. 2008/3260, art. 2(1)(b)

F22Words in s. 113A(6) inserted (E.W.) (19.12.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 50(3)(b), 153(7); S.I. 2008/3260, art. 2(1)(b)

F23Words in s. 113A(6) substituted (E.W.) (29.5.2013) by The Police Act 1997 (Criminal Record Certificates Relevant Matters) (Amendment) (England and Wales) Order 2013 (S.I. 2013/1200), arts. 1(1), 3

F24Words in s. 113A(6) substituted (E.W) (28.11.2020) by The Police Act 1997 (Criminal Record Certificates Relevant Matters) (Amendment) (England and Wales) Order 2020 (S.I. 2020/1364), arts. 1(1), 2(a)(i)

F25Word in s. 113A(6) omitted (E.W.) (28.10.2023) by virtue of The Police Act 1997 (Criminal Record Certificates: Relevant Matter) (Amendment) (England and Wales) Order 2023 (S.I. 2023/1153), art. 2(a), reg. 1(1)

F26Words in s. 113A(6) inserted (E.W.) (28.10.2023) by The Police Act 1997 (Criminal Record Certificates: Relevant Matter) (Amendment) (England and Wales) Order 2023 (S.I. 2023/1153), art. 2(b), reg. 1(1)

F27Words in s. 113A(6) omitted (E.W) (28.11.2020) by virtue of The Police Act 1997 (Criminal Record Certificates Relevant Matters) (Amendment) (England and Wales) Order 2020 (S.I. 2020/1364), arts. 1(1), 2(a)(ii)

F28Words in s. 113A(6) inserted (E.W.) (28.11.2020) by The Police Act 1997 (Criminal Record Certificates Relevant Matters) (Amendment) (England and Wales) Order 2020 (S.I. 2020/1364), arts. 1(1), 2(a)(iii)

F29Words in s. 113A(6) inserted (E.W.) (28.10.2023) by The Police Act 1997 (Criminal Record Certificates: Relevant Matter) (Amendment) (England and Wales) Order 2023 (S.I. 2023/1153), art. 2(c), reg. 1(1)

F30S. 113A(6D)-(6F) inserted (E.W.) (29.5.2013) by The Police Act 1997 (Criminal Record Certificates Relevant Matters) (Amendment) (England and Wales) Order 2013 (S.I. 2013/1200), arts. 1(1), 4

F31S. 113A(6E)(d)(ii) and word omitted (E.W.) (28.11.2020) by virtue of The Police Act 1997 (Criminal Record Certificates Relevant Matters) (Amendment) (England and Wales) Order 2020 (S.I. 2020/1364), arts. 1(1), 2(b)

F32S. 113A(7)(8) inserted (E.W.N.I.) (12.10.2009 for E.W., 12.10.2009 for N.I.) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 14(2) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2610, art. 2(a) (with arts. 4-23); S.I. 2009/2611, art. 2, Sch

F33S. 113A(9) inserted (E.W.) (2.3.2009) by The Police Act 1997 (Criminal Records) (Electronic Communications) Order 2009 (S.I. 2009/203), arts. 1(1), 3(4)

F34Words in s. 113A(9) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(b) (with Pt. 4)

F35S. 113A(10) repealed (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 36, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(i)

Modifications etc. (not altering text)

C8S. 113A(1) excluded (E.W.) (31.3.2010) by The Safeguarding Vulnerable Groups Act 2006 (Controlled Activity and Miscellaneous Provisions) Regulations 2010 (S.I. 2010/1146), regs. 1, 4(1)

C9S. 113A(1)(a) modified (E.W.) (2.3.2009) by The Police Act 1997 (Criminal Records) (Electronic Communications) Order 2009 (S.I. 2009/203), arts. 1(1), 21(1)

[F11113ACriminal record certificatesN.I.

(1)The Secretary of State must issue a criminal record certificate to any individual who—

(a)makes an application F13...,

[F358(aa)except in prescribed circumstances, is aged 16 or over at the time of making the application,] and

(b)pays in the prescribed manner any prescribed fee.

(2)The application must—

(a)be countersigned by a registered person, and

(b)be accompanied by a statement by the registered person that the certificate is required for the purposes of an exempted question.

[F359(2A)But an application for a criminal record certificate need not be countersigned by a registered person if—

(a)the application is transmitted to the Department electronically by a registered person who satisfies conditions determined by the Department, and

(b)it is transmitted in accordance with requirements determined by the Department.]

(3)A criminal record certificate is a certificate which—

(a)gives the prescribed details of every relevant matter relating to the applicant which is recorded in central records, or

(b)states that there is no such matter.

F360(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)The Secretary of State may treat an application under this section as an application under section 113B if—

(a)in his opinion the certificate is required for a purpose prescribed under subsection (2) of that section,

(b)the registered person provides him with the statement required by that subsection, and

(c)the applicant consents and pays to the Secretary of State the amount (if any) by which the fee payable in relation to an application under that section exceeds the fee paid in relation to the application under this section.

(6)In this section—

“central records” means such records of convictions and cautions held for the use of police forces generally as may be prescribed;
“exempted question” means a question in relation to which section 4(2)(a) or (b) of the Rehabilitation of Offenders Act 1974 (effect of rehabilitation) has been excluded by an order of the Secretary of State under section 4(4) of that Act;
[F361“relevant matter”, in this section as it has effect in Northern Ireland, means–
(a)
[F362any of the following convictions]–
(i)
a conviction of an offence within subsection (6D);
(ii)
a conviction in respect of which a sentence of imprisonment, a sentence of service detention or custodial order was imposed; F363...
(iii)
a current conviction; [F364or]
(iv)
[F365a current conviction of any offence, except an offence within subsection (6D), stated by a court to be aggravated under section 15 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021;]
(b)
F366...
(c)
a caution, restorative caution, diversionary youth conference or informed warning given in respect of an offence within subsection (6D);
(d)
a current caution, restorative caution, diversionary youth conference or informed warning.]

[F367(6D)The offences referred to in paragraphs (a)(i) and (c) of the definition of “relevant matter” in subsection (6), as it has effect in Northern Ireland, are as follows–

(a)The following offences–

(i)Abducting girl under 18 with intention of marriage;

(ii)Abducting girl under 18;

(iii)Affray;

(iv)Breach of the peace;

(v)False imprisonment;

(vi)Going armed so as to terrify the public;

(vii)Indecency – outraging public decency;

(viii)Kidnapping;

(ix)Manslaughter;

(x)Murder;

(xi)Publishing obscene libel;

(xii)Publishing/exhibiting/selling indecent/obscene things;

(xiii)Rape;

(xiv)Riot;

(xv)Rout (incipient riot); and

(xvi)Unlawful assembly.

(b)an offence under section 1 of the Unlawful Drilling Act 1819;

(c)an offence under section 10 or 11 of the Slave Trade Act 1824;

(d)an offence under section 2 or 3 of the Tumultuous Risings (Ireland) Act 1831;

(e)an offence under section 35 of the Malicious Damage Act 1861;

(f)an offence under section 32, 33, 34, 58, 59 or 64 of the Offences Against the Person Act 1861;

(g)an offence under section 26 of the Criminal Justice Act (Northern Ireland) 1945;

(h)an offence under section 2 of the Nuclear Installations Act 1965;

(i)an offence under section 13, 13A or 13B of the Criminal Justice Act (Northern Ireland) 1966;

(j)an offence under section 5(1) of the Criminal Law Act (NI) 1967;

(k)an offence under section 25 or 30 of the Children and Young Persons Act (Northern Ireland) 1968;

(l)an offence under section 7(2)(a), 52, 58(2)(a), 58(2)(b), 63(b), 67 or 67 (1A) of the Medicines Act 1968;

(m)an offence under section 1, 2 or 3 of the Protection of Persons and Property Act (Northern Ireland) 1969;

(n)an offence under section 7 of the Public Order Amendment Act (Northern Ireland) 1970;

(o)an offence under section 4(2), 5(2), 5(3), 6(2), 8, 9, 11, 12, 13, 18, 19, 20 or 23 of the Misuse of Drugs Act 1971;

(p)an offence under section 1 of the Biological Weapons Act 1974;

(q)an offence under section 2 of the Criminal Jurisdiction Act 1975;

(r)an offence under Article 5 of the Poisons (Northern Ireland) Order 1976;

(s)an offence under Article 4 or 5 of the Criminal Damage (Northern Ireland) Order 1977;

(t)an offence under Article 19 of the Criminal Damage (Compensation) (Northern Ireland) Order 1977;

(u)an offence under Article 3 of the Criminal Law (Amendment) (Northern Ireland) Order 1977;

(v)an offence under section 50 of the Customs and Excise Management Act 1979;

(w)an offence under section 6(2) or section 7(2) of the Aviation Security Act 1982;

(x)an offence under Article 5, 9 or 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983;

(y)an offence under sections 1A to 1D or 2 of the Nuclear Material (Offences) Act 1983;

(z)an offence under section 38 of the Public Order Act 1986;

(aa)an offence under Article 11, 28, 29, 31, 58, 58ZA or 59 of the Adoption (Northern Ireland) Order 1987;

(bb)an offence under Article 9, 10, 11, 12, 13, 18(3), 22 or 23 of the Public Order (Northern Ireland) Order 1987;

(cc)an offence under section 139, 139A, or 141 of the Criminal Justice Act 1988;

(dd)an offence under Article 3, 4 or 5 of the Crossbows (Northern Ireland) Order 1988;

(ee)an offence under section 12, 18 or 19 of the Criminal Justice (International Cooperation) Act 1990;

(ff)an offence under Article 68 or 132 of the Children (Northern Ireland) Order 1995;

(gg)an offence under Article 11A or 12B of the Road Traffic (Northern Ireland) Order 1995;

(hh)an offence under Article 53 or 54 of the Criminal Justice (Northern Ireland) Order 1996;

(ii)an offence under section 2 or 11 of the Chemical Weapons Act 1996;

(jj)an offence specified in the Schedule to the Disqualification for Caring for Children Regulations (Northern Ireland) 1996;

(kk)an offence under section 1 or 2 of the Knives Act 1997;

(ll)an offence under Article 4, 5(6), 6 or 7(5) of the Protection from Harassment (Northern Ireland) Order 1997;

(mm)an offence under section 2 of the Landmines Act 1998;

(nn)an offence under section 35 of the Criminal Justice and Courts Services Act 2000;

(oo)an offence under section 11, 12, 15, 16, 17, 18, 38B, 39, 58, 60 or paragraph 37 of Schedule 4 to the Terrorism Act 2000;

(pp)an offence under section 52, 54, 67, 79, 80 or 114 of the Anti-terrorism, Crime and Security Act 2001;

(qq)an offence under section 58 or 59 of the International Criminal Court Act 2001;

(rr)an offence under Article 17 of the Criminal Injuries Compensation (Northern Ireland) Order 2002;

(ss)an offence under section 327, 328, 329, 330, 331, 332, 333A or 342 of the Proceeds of Crime Act 2002;

(tt)an offence under Article 12, 15(2)(a)-(e), 24 to 28 or 42 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;

(uu)an offence under Article 30 or 46 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003;

(vv)an offence stated by a court to be aggravated by hostility under Article 2 of the Criminal Justice (No 2) (Northern Ireland) Order 2004;

(ww)an offence under Article 3, 24, 37, 39, 40, 41, 42, 45, 61, 62, 63 or 67 of the Firearms (Northern Ireland) Order 2004;

(xx)an offence under section 1 or 2 of the Terrorism Act 2006;

(yy)an offence under paragraph 1 of Schedule 1 to the Violent Crime Reduction Act 2006;

(zz)an offence under section 47 of the Wireless Telegraphy Act 2006;

(aaa)an offence under Article 11, 13 or 23 of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007;

(bbb)an offence under section 27, paragraph 8 of Schedule 3 or paragraph 12 of Schedule 4 to the Justice and Security (Northern Ireland) Act 2007;

(ccc)an offence under Schedule 1 or Schedule 2 of the Criminal Justice (Northern Ireland) Order 2008;

(ddd)an offence under Article 68, 69 or 73 of the Sexual Offences (Northern Ireland) Order 2008;

(eee)an offence under section 71 of the Coroners and Justice Act 2009;

[F368(fff)an offence under article 240 or 241 of the Air Navigation Order 2016;]

(ggg)an offence specified in the Schedule to the Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) Regulations (Northern Ireland) 2009;

(hhh)an offence under section 2 of the Cluster Munitions (Prohibitions) Act 2010;

(iii)an offence under section 93 of the Justice Act (Northern Ireland) 2011;

(jjj)an offence under regulation 255 of the Human Medicines Regulations 2012;

(kkk)an offence which has been superseded (directly or indirectly) by an offence within paragraphs (a) to (jjj);

(lll)an offence of –

(i)attempting or conspiring to commit any offence falling within paragraphs (a) to (kkk), or inciting or aiding, abetting, counselling or procuring the commission of any such offence, or

(ii)an offence under Part 2 of the Serious Crime Act 2007 (encouraging or committing serious crime) committed in relation to any such offence;

(mmm)an offence under the law of England, Scotland or Wales or any territory outside the United Kingdom which corresponds to an offence under the law of Northern Ireland within any of the paragraphs (a) to (lll);

(nnn)an offence under section 42 of the Armed Forces Act 2006 in relation to which the corresponding offence under the law of Northern Ireland (within the meaning of that section) is an offence corresponding with any of the paragraphs (a) to (lll); F369...

(ooo)an offence under section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957 of which the corresponding civil offence (within the meaning of those Acts) is an offence within any of the paragraphs (a) to (lll) [F370;]

[F371(ppp)an offence under section 1 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021;

(qqq)an offence under section 1 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 stated by a court to be aggravated under section 8 of that Act;

(rrr)an offence under section 1 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 stated by a court to be aggravated under section 9 of that Act; and

(sss)any offence within this subsection (6D) stated by a court to be aggravated under section 15 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021.]

(6E)For the purposes of the definition of “relevant matter” as it has effect in Northern Ireland–

(a)“conviction” has the same meaning as in the Rehabilitation of Offenders (Northern Ireland) Order 1978 and includes a spent conviction within the meaning of that Order;

(b)a person’s conviction is a current conviction if–

(i)the person was aged 18 or over on the date of the conviction and that date fell within the 11 year period ending with the day on which the certificate is issued, or

(ii)the person was [F372aged under 18] on the date of conviction and that date fell within the period of 5 years and 6 months ending with the day on which the certificate is issued;

(c)a caution or restorative caution given to a person is a current caution or restorative caution if–

(i)the person was aged 18 or over on the date it was given and that date fell within the 6 year period ending with the day on which the certificate is issued, or

(ii)the person was aged under 18 on the day it was given and that date fell within the 2 year period ending with the day on which the certificate is issued;

(d)a diversionary youth conference given to a person is a current diversionary youth conference if the person was aged under 18 on the date it was given and that date fell within the 2 year period ending with the day on which the certificate is issued;

(e)an informed warning given to a person is a current informed warning if the date on which it was given fell within the 1 year period ending with the day on which the certificate is issued;

(f)“sentence of imprisonment”, “sentence of service detention” and “custodial order” have the same meaning as in Articles 2 and 6 of the Rehabilitation of Offenders (Northern Ireland) Order 1978.]

[F32(7)The Secretary of State may by order amend the definitions of “central records” and “relevant matter” in subsection (6).

[F373(9)For the purposes of this Part a person acts as the registered person in relation to an application for a criminal record certificate if the person—

(a)countersigns the application, or

(b)transmits the application to the Department under subsection (2A).]]

Textual Amendments

F358S. 113A(1)(aa) inserted (N.I.) (2.11.2015) by Justice Act (Northern Ireland) 2015 (c. 9), ss. 38(1), 106(2); S.R. 2015/358, art. 2(c)

F359S. 113A(2A) inserted (N.I.) (2.11.2015) by Justice Act (Northern Ireland) 2015 (c. 9), ss. 44(1), 106(2); S.R. 2015/358, art. 2(f)

F360S. 113A(4) repealed (N.I) (2.11.2015) by Justice Act (Northern Ireland) 2015 (c. 9), ss. 37(1)(b), 106(2), Sch. 9 Pt. 3; S.R. 2015/358, art. 2(a)

F361Words in s. 113A(6) substituted (N.I.) (14.4.2014) by The Police Act 1997 (Criminal Record Certificates Relevant Matters) (Amendment) Order (Northern Ireland) 2014 (S.R. 2014/100), arts. 1, 3

F362Words in s. 113A(6) substituted (N.I.) (9.11.2021) by The Police Act 1997 (Criminal Record Certificates: Relevant Matters) (Amendment) Order (Northern Ireland) 2021 (S.R. 2021/156), arts. 1, 2(a)

F363Word in s. 113A(6)(a)(ii) deleted (N.I) (22.9.2022) by The Police Act 1997 (Criminal Record Certificates: Relevant Matters) (Amendment) Order (Northern Ireland) 2022 (S.R. 2022/145), arts. 1, 3(a)

F364Word in s. 113A(6)(a)(iii) inserted (N.I) (22.9.2022) by The Police Act 1997 (Criminal Record Certificates: Relevant Matters) (Amendment) Order (Northern Ireland) 2022 (S.R. 2022/145), arts. 1, 3(b)

F365S. 113A(6)(a)(iv) inserted (N.I) (22.9.2022) by The Police Act 1997 (Criminal Record Certificates: Relevant Matters) (Amendment) Order (Northern Ireland) 2022 (S.R. 2022/145), arts. 1, 3(c)

F366Words in s. 113A(6) omitted (N.I.) (9.11.2021) by virtue of The Police Act 1997 (Criminal Record Certificates: Relevant Matters) (Amendment) Order (Northern Ireland) 2021 (S.R. 2021/156), arts. 1, 2(b)

F367S. 113A(6D)(6E) inserted (N.I.) (14.4.2014) by The Police Act 1997 (Criminal Record Certificates Relevant Matters) (Amendment) Order (Northern Ireland) 2014 (S.R. 2014/100), arts. 1, 4

F368S. 113A(6D)(fff) substituted (N.I.) (25.8.2016) by The Air Navigation Order 2016 (S.I. 2016/765), art. 1, Sch. 14 para. 2(a) (with arts. 17-23, 274(2)-(4))

F369Word in s. 113A(6D) deleted (N.I) (22.9.2022) by The Police Act 1997 (Criminal Record Certificates: Relevant Matters) (Amendment) Order (Northern Ireland) 2022 (S.R. 2022/145), art. 4(a), reg. 1

F370Word in s. 113A(6D) substituted (N.I) (22.9.2022) by The Police Act 1997 (Criminal Record Certificates: Relevant Matters) (Amendment) Order (Northern Ireland) 2022 (S.R. 2022/145), art. 4(b), reg. 1

F371S. 113A(6D) inserted (N.I) (22.9.2022) by The Police Act 1997 (Criminal Record Certificates: Relevant Matters) (Amendment) Order (Northern Ireland) 2022 (S.R. 2022/145), art. 4(c), reg. 1

F372Words in s. 113A(6E)(b)(ii) substituted (N.I.) (8.7.2014) by The Police Act 1997 (Criminal Record Certificates: Relevant Matters) (Amendment No. 2) Order (Northern Ireland) 2014 (S.R. 2014/207), arts. 1, 2

F373S. 113A(9) inserted (N.I.) (2.11.2015) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 5 para. 1(3); S.R. 2015/358, art. 2(m)(i)

Commencement Information

I34S. 113A in force at 1.4.2008 for N.I. by S.I. 2008/692, art. 2(b)

[F11113ACriminal record certificatesS

(1)The Secretary of State must issue a criminal record certificate to any individual who—

(a)makes an application F13..., and

(b)pays in the prescribed manner any prescribed fee.

(2)The application must—

(a)be countersigned by a registered person, and

(b)be accompanied by a statement by the registered person that the certificate is required for the purposes of an exempted question.

(3)A criminal record certificate is a certificate which—

(a)gives the prescribed details of every relevant matter relating to the applicant which is recorded in central records, [F374(or states that there is no such matter); and

(b)if the applicant is subject to notification requirements under Part 2 of the Sexual Offences Act 2003 (c. 42), states that fact.]

[F375(3A)But a criminal record certificate must not give the details of a relevant matter if—

(a)those details were excluded from another criminal record certificate by virtue of an order under section 116ZB(9)(b), and

(b)it appears to the Scottish Ministers that the application under subsection (1) is made for the same purpose for which the application for the other certificate was made.]

F376(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)The Secretary of State may treat an application under this section as an application under section 113B if—

(a)in his opinion the certificate is required for a purpose prescribed under subsection (2) of that section,

(b)the registered person provides him with the statement required by that subsection, and

[F377(5A)The Scottish Ministers need not issue a criminal record certificate under subsection (1) if the statement accompanying the application states that the purpose for which the certificate is required is the purpose mentioned in disclosure condition C (set out in section 55 of the Protection of Vulnerable Groups (Scotland) Act 2007) (asp 14)).]

(6)In this section—

“central records” means such records of convictions [F378, cautions or other information] held for the use of police forces generally as may be prescribed;
[F379“conviction” means a conviction within the meaning of the Rehabilitation of Offenders Act 1974, including a spent conviction,]
“exempted question” means a question in relation to which section 4(2)(a) or (b) of the Rehabilitation of Offenders Act 1974 (effect of rehabilitation) has been excluded by an order of the Secretary of State under section 4(4) of that Act;
“relevant matter” means—
(a)
[F380a conviction which is not a protected conviction,
(b)
a caution which is not spent by virtue of schedule 3 of the Rehabilitation of Offenders Act 1974, and]
(c)
[F381a prescribed court order.]]

Textual Amendments

F374Words in s. 113A(3) substituted (S.) (28.2.2011) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), ss. 78(2)(a), 101(2) (with ss. 90, 99); S.S.I. 2011/157, art. 2(a) (with art. 3)

F375S. 113A(3A) inserted (S.) (8.2.2016) by The Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 Remedial (No. 2) Order 2015 (S.S.I. 2015/423), arts. 1(2), 3(2)(a) (with arts. 5-10, 12)

F376S. 113A(4) repealed (S.) (8.2.2016) by The Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 Remedial (No. 2) Order 2015 (S.S.I. 2015/423), arts. 1(2), 3(2)(b) (with arts. 5-10, 12)

F377S. 113A(5A) inserted (S.) (28.2.2011) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), s. 101(2), sch. 4 para. 28 (with ss. 90, 99); S.S.I. 2011/157, art. 2(a) (with art. 3)

F378Words in s. 113A(6) substituted (S.) (28.2.2011) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), ss. 78(2)(b), 101(2) (with ss. 90, 99); S.S.I. 2011/157, art. 2(a) (with art. 3)

F379Words in s. 113A(6) inserted (S.) (8.2.2016) by The Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 Remedial (No. 2) Order 2015 (S.S.I. 2015/423), arts. 1(2), 3(2)(c)(i) (with arts. 5-10, 12)

F380Words in s. 113A(6) substituted (S.) (8.2.2016) by The Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 Remedial (No. 2) Order 2015 (S.S.I. 2015/423), arts. 1(2), 3(2)(c)(ii) (with arts. 5-10, 12)

F381Words in s. 113A(6) inserted (S.) (28.2.2011) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), ss. 78(2)(d), 101(2) (with ss. 90, 99); S.S.I. 2011/157, art. 2(a) (with art. 3)

113BEnhanced criminal record certificatesE+W

(1)[F36DBS] must issue an enhanced criminal record certificate to any individual who—

(a)makes an application F37...,

[F38(aa)is aged 16 or over at the time of making the application,] and

(b)pays in the prescribed manner any prescribed fee.

(2)The application must—

(a)be countersigned by a registered person, and

(b)be accompanied by a statement by the registered person that the certificate is required [F39for the purposes of an exempted question asked] for a prescribed purpose.

[F40(2A)But an application for an enhanced criminal record certificate need not be countersigned by a registered person if—

(a)the application is transmitted to [F41DBS] electronically by a registered person who satisfies conditions determined by [F41DBS], and

(b)it is transmitted in accordance with requirements determined by [F41DBS].]

(3)An enhanced criminal record certificate is a certificate which—

(a)gives the prescribed details of every relevant matter relating to the applicant which is recorded in central records and any information provided in accordance with subsection (4), or

(b)states that there is no such matter or information.

(4)Before issuing an enhanced criminal record certificate [F42DBS] must request any relevant chief officer to provide any information which F43...—

(a)[F44the chief officer reasonably believes to] be relevant for the purpose described in the statement under subsection (2), and

(b)[F45in the chief officer's opinion,] ought to be included in the certificate.

[F46(4A)In exercising functions under subsection (4) a relevant chief officer must have regard to any guidance for the time being published by the Secretary of State.]

F47(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F47(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)[F48DBS] may treat an application under this section as an application under section 113A if in [F49its] opinion the certificate is not required for a purpose prescribed under subsection (2).

(8)If by virtue of subsection (7) [F50DBS] treats an application under this section as an application under section 113A, [F51it] must refund to the applicant the amount (if any) by which the fee paid in relation to the application under this section exceeds the fee payable in relation to an application under section 113A.

(9)In this section—

“central records”, “exempted question”, and “relevant matter” have the same meaning as in section 113A;
[F52“relevant chief officer” means any chief officer of a police force who is identified by [F53DBS] for the purposes of making a request under subsection (4).]
F54...

(10)For the purposes of this section references to a police force include any of the following—

[F55(a)the Royal Navy Police;]

(c)the Royal Military Police;

(d)the Royal Air Force Police;

(e)the Ministry of Defence Police;

F56(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F56(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h)the British Transport Police;

(i)the Civil Nuclear Constabulary;

(j)the States of Jersey Police Force;

(k)the salaried police force of the Island of Guernsey;

(l)the Isle of Man Constabulary;

(m)a body with functions in any country or territory outside the British Islands which correspond to those of a police force in any part of the United Kingdom,

and any reference to the chief officer of a police force includes the person responsible for the direction of a body mentioned in this subsection.

(11)For the purposes of this section each of the following must be treated as if it were a police force—

(a)the Commissioners for Her Majesty's Revenue and Customs (and for this purpose a reference to the chief officer of a police force must be taken to be a reference to any one of the Commissioners);

(b)the [F57National Crime Agency] (and for this purpose a reference to the chief officer of a police force must be taken to be a reference to the Director General of the Agency);

[F58(ba)the tri-service serious crime unit (and for this purpose a reference to the chief officer of a police force must be taken to be a reference to the Provost Marshal for serious crime);]

(c)such other department or body as is prescribed (and regulations may prescribe in relation to the department or body the person to whom a reference to the chief officer is to be taken to be).

[F59(12)For the purposes of this Part a person acts as the registered person in relation to an application for an enhanced criminal record certificate if the person—

(a)countersigns the application, or

(b)transmits the application to [F60DBS] under subsection (2A).]

F61(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F36Words in s. 113B(1) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(c) (with Pt. 4)

F37Words in s. 113B(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)

F38S. 113B(1)(aa) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 80(1), 120 (with s. 97); S.I. 2012/2234, art. 2(s) (with art. 5)

F39Words in s. 113B(2)(b) inserted (E.W.N.I.) (12.10.2009 for E.W., 12.10.2009 for N.I.) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 14(3) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2610, art. 2(a) (with arts. 4-23); S.I. 2009/2611, art. 2, Sch.

F40S. 113B(2A) inserted (E.W.) (2.3.2009) by The Police Act 1997 (Criminal Records) (Electronic Communications) Order 2009 (S.I. 2009/203), arts. 1(1), 4(2)

F41Words in s. 113B(2A) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(c) (with Pt. 4)

F42Words in s. 113B(4) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(c) (with Pt. 4)

F43Words in s. 113B(4) repealed (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 82(1)(b), 120, Sch. 10 Pt. 6 (with s. 97); S.I. 2012/2234, art. 2(u)(cc)

F44Words in s. 113B(4)(a) substituted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 82(1)(c), 120 (with s. 97); S.I. 2012/2234, art. 2(u)

F45Words in s. 113B(4)(b) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 82(1)(d), 120 (with s. 97); S.I. 2012/2234, art. 2(u)

F46S. 113B(4A) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 82(2), 120 (with s. 97); S.I. 2012/2234, art. 2(u)

F47S. 113B(5)(6) repealed (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) for specified purposes, 17.6.2013 in so far as not already in force) by Protection of Freedoms Act 2012 (c. 9), ss. 79(2)(b), 120, Sch. 10 Pt. 6 (with s. 97); S.I. 2012/2234, art. 2(q)(cc); S.I. 2013/1180, art. 2(a)

F48Words in s. 113B(7) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(c) (with Pt. 4)

F49Word in s. 113B(7) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 39(a) (with Pt. 4)

F50Words in s. 113B(8) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(c) (with Pt. 4)

F51Word in s. 113B(8) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 39(b) (with Pt. 4)

F52Words in s. 113B(9) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 82(3)(a), 120 (with s. 97); S.I. 2012/2234, art. 2(u)

F53Words in s. 113B(9) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(c) (with Pt. 4)

F54Words in s. 113B(9) repealed (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 82(3)(b), 120, Sch. 10 Pt. 6 (with s. 97); S.I. 2012/2234, art. 2(u)(cc)

F55S. 113B(10)(a) substituted for s. 113(10)(a)(b) (4.6.2007) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 149; S.I. 2007/1442, art. 2(1)

F56S. 113B(10)(f)(g) omitted (7.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 60(a); S.I. 2013/1682, art. 3(v)

F57Words in s. 113B(11)(b) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 60(b); S.I. 2013/1682, art. 3(v)

F58S. 113B(11)(ba) inserted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 10; S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4

F59S. 113B(12) inserted (E.W.) (2.3.2009) by The Police Act 1997 (Criminal Records) (Electronic Communications) Order 2009 (S.I. 2009/203), arts. 1(1), 4(4)

F60Words in s. 113B(12) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(c) (with Pt. 4)

F61S. 113B(13) repealed (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 37, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(i)

Modifications etc. (not altering text)

C10S. 113B modified (E.W.) (31.3.2010) by The Safeguarding Vulnerable Groups Act 2006 (Controlled Activity and Miscellaneous Provisions) Regulations 2010 (S.I. 2010/1146), regs. 1, 5-7

C11S. 113B(1)(a) modified (E.W.) (2.3.2009) by The Police Act 1997 (Criminal Records) (Electronic Communications) Order 2009 (S.I. 2009/203), arts. 1(1), 21(1)

C12S. 113B(2)(b) modified (W.) (2.4.2018) by The Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017 (S.I. 2017/1264), reg. 1(2), Sch. 1 para. 3

[F11113BEnhanced criminal record certificatesN.I.

(1)The Secretary of State must issue an enhanced criminal record certificate to any individual who—

(a)makes an application F37...,

[F382(aa)except in prescribed circumstances, is aged 16 or over at the time of making the application,] and

(b)pays in the prescribed manner any prescribed fee.

(2)The application must—

(a)be countersigned by a registered person, and

(b)be accompanied by a statement by the registered person that the certificate is required [F39for the purposes of an exempted question asked] for a prescribed purpose.

[F383(2A)But an application for an enhanced criminal record certificate need not be countersigned by a registered person if—

(a)the application is transmitted to the Department electronically by a registered person who satisfies conditions determined by the Department, and

(b)it is transmitted in accordance with requirements determined by the Department.]

(3)An enhanced criminal record certificate is a certificate which—

(a)gives the prescribed details of every relevant matter relating to the applicant which is recorded in central records and any information provided in accordance with subsection (4), or

(b)states that there is no such matter or information.

(4)Before issuing an enhanced criminal record certificate the Secretary of State must request [F384any relevant chief officer] to provide any information which F385... —

(a)[F386the chief officer reasonably believes to] be relevant for the purpose described in the statement under subsection (2), and

(b)[F387in the chief officer's opinion,] ought to be included in the certificate.

[F388(4A)The Department may from time to time publish guidance to chief officers as to the exercise of functions under subsection (4); and in exercising functions under that subsection a relevant chief officer must have regard to any guidance for the time being published under this subsection.]

F389(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F389(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)The Secretary of State may treat an application under this section as an application under section 113A if in his opinion the certificate is not required for a purpose prescribed under subsection (2).

(8)If by virtue of subsection (7) the Secretary of State treats an application under this section as an application under section 113A, he must refund to the applicant the amount (if any) by which the fee paid in relation to the application under this section exceeds the fee payable in relation to an application under section 113A.

(9)In this section—

“central records”, “exempted question”, and “relevant matter” have the same meaning as in section 113A;
[F390relevant chief officer” means any chief officer of a police force who is identified by the Department for the purposes of making a request under subsection (4);]
F391...

(10)For the purposes of this section references to a police force include any of the following—

[F55(a)the Royal Navy Police;]

(c)the Royal Military Police;

(d)the Royal Air Force Police;

(e)the Ministry of Defence Police;

F56(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F56(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h)the British Transport Police;

(i)the Civil Nuclear Constabulary;

(j)the States of Jersey Police Force;

(k)the salaried police force of the Island of Guernsey;

(l)the Isle of Man Constabulary;

(m)a body with functions in any country or territory outside the British Islands which correspond to those of a police force in any part of the United Kingdom,

and any reference to the chief officer of a police force includes the person responsible for the direction of a body mentioned in this subsection.

(11)For the purposes of this section each of the following must be treated as if it were a police force—

(a)the Commissioners for Her Majesty's Revenue and Customs (and for this purpose a reference to the chief officer of a police force must be taken to be a reference to any one of the Commissioners);

(b)the [F57National Crime Agency] (and for this purpose a reference to the chief officer of a police force must be taken to be a reference to the Director General of the Agency);

[F58(ba)the tri-service serious crime unit (and for this purpose a reference to the chief officer of a police force must be taken to be a reference to the Provost Marshal for serious crime);]

(c)such other department or body as is prescribed (and regulations may prescribe in relation to the department or body the person to whom a reference to the chief officer is to be taken to be).

[F392(12)For the purposes of this Part a person acts as the registered person in relation to an application foran enhanced criminal record certificate if the person—

(a)countersigns the application, or

(b)transmits the application to the Department under subsection (2A).]]

Textual Amendments

F55S. 113B(10)(a) substituted for s. 113(10)(a)(b) (4.6.2007) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 149; S.I. 2007/1442, art. 2(1)

F56S. 113B(10)(f)(g) omitted (7.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 60(a); S.I. 2013/1682, art. 3(v)

F57Words in s. 113B(11)(b) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 60(b); S.I. 2013/1682, art. 3(v)

F382S. 113B(1)(aa) inserted (N.I.) (2.11.2015) by Justice Act (Northern Ireland) 2015 (c. 9), ss. 38(1), 106(2); S.R. 2015/358, art. 2(c)

F383S. 113B(2A) inserted (N.I.) (2.11.2015) by Justice Act (Northern Ireland) 2015 (c. 9), ss. 44(2), 106(2); S.R. 2015/358, art. 2(f)

F384Words in s. 113B(4) substituted (N.I.) (2.11.2015) by Justice Act (Northern Ireland) 2015 (c. 9), ss. 40(1)(a), 106(2); S.R. 2015/358, art. 2(e)

F385Words in s. 113B(4) repealed (N.I.) (2.11.2015) by Justice Act (Northern Ireland) 2015 (c. 9), ss. 40(1)(b), 106(2), Sch. 9 Pt. 3; S.R. 2015/358, art. 2(e)

F386Words in s. 113B(4)(a) substituted (N.I.) (2.11.2015) by Justice Act (Northern Ireland) 2015 (c. 9), ss. 40(1)(c), 106(2); S.R. 2015/358, art. 2(e)

F387Words in s. 113B(4)(b) inserted (N.I.) (2.11.2015) by Justice Act (Northern Ireland) 2015 (c. 9), ss. 40(1)(d), 106(2); S.R. 2015/358, art. 2(e)

F388S. 113B(4A) inserted (N.I.) (2.11.2015) by Justice Act (Northern Ireland) 2015 (c. 9), ss. 40(2), 106(2); S.R. 2015/358, art. 2(e)

F389S. 113B(5)(6) repealed (N.I.) (2.11.2015) by Justice Act (Northern Ireland) 2015 (c. 9), ss. 37(1)(c), 106(2), Sch. 9 Pt. 3; S.R. 2015/358, art. 2(a)

F390Words in s. 113B(9) inserted (N.I.) (2.11.2015) by Justice Act (Northern Ireland) 2015 (c. 9), ss. 40(3)(a), 106(2); S.R. 2015/358, art. 2(e)

F391Words in s. 113B(9) repealed (N.I.) (2.11.2015) by Justice Act (Northern Ireland) 2015 (c. 9), ss. 40(3)(b), 106(2), Sch. 9 Pt. 3; S.R. 2015/358, art. 2(e)

F392S. 113B(12) inserted (N.I.) (2.11.2015) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 5 para. 2(3); S.R. 2015/358, art. 2(m)(i)

Modifications etc. (not altering text)

C26S. 113B(10)(11) applied by S.I. 2007/1351 (N.I. 11), Sch. 1 para. 19(7A) (as inserted (N.I.) (2.11.2015) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 5 para. 20(6); S.R. 2015/358, art. 2(m)(i))

Commencement Information

I35S. 113B in force at 1.4.2008 for N.I. by S.I. 2008/692, art. 2(c)

[F11[F11113BEnhanced criminal record certificatesS

(1)The Secretary of State must issue an enhanced criminal record certificate to any individual who—

(a)makes an application F37..., and

(b)pays in the prescribed manner any prescribed fee.

(2)The application must—

(a)be countersigned by a registered person, and

(b)be accompanied by a statement by the registered person that the certificate is required for a prescribed purpose.

(3)An enhanced criminal record certificate is a certificate which—

(a)gives the prescribed details of every relevant matter relating to the applicant which is recorded in central records and any information provided in accordance with subsection (4), [F393(or states that there is no such matter or information), and

(b)if the applicant is subject to notification requirements under Part 2 of the Sexual Offences Act 2003 (c.42), states that fact.]

[F394(3A)But an enhanced criminal record certificate must not give the details of a relevant matter if—

(a)those details were excluded from another enhanced criminal record certificate by virtue of an order under section 116ZB(9)(b), and

(b)it appears to the Scottish Ministers that the application under subsection (1) is made for the same purpose for which the application for the other certificate was made.]

(4)Before issuing an enhanced criminal record certificate the Secretary of State must request the chief officer of every relevant police force to provide any information which F395...—

[F396(a)the chief officer reasonably believes to be relevant for the purpose described in the statement under subsection (2), and

(b)in the chief officer’s opinion, ought to be included in the certificate.]

[F397(4A)For the avoidance of doubt, information such as is mentioned in subsection (4) may include information with respect to relevant behaviour (within the meaning of section 5(1)(a) of the Age of Criminal Responsibility (Scotland) Act 2019).]

F398(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F399(5A)The Scottish Ministers must pay to such body as may be prescribed such fee as they think appropriate for information received from the chief officer of a body mentioned in subsection (10)(j) to (m) as a result of a request under subsection (4) F400...]

F401(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)In this section—

“central records”, “exempted question”, and “relevant matter” have the same meaning as in section 113A;
“relevant police force”, in relation to an application under this section, means a police force which is a relevant police force in relation to that application under regulations made by the Secretary of State.

(10)For the purposes of this section references to a police force include any of the following—

[F55(a)the Royal Navy Police;]

(c)the Royal Military Police;

(d)the Royal Air Force Police;

(e)the Ministry of Defence Police;

F56(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F56(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h)the British Transport Police;

(i)the Civil Nuclear Constabulary;

(j)the States of Jersey Police Force;

(k)the salaried police force of the Island of Guernsey;

(l)the Isle of Man Constabulary;

(m)a body with functions in any country or territory outside the British Islands which correspond to those of a police force in any part of the United Kingdom,

and any reference to the chief officer of a police force includes the person responsible for the direction of a body mentioned in this subsection.

(11)For the purposes of this section each of the following must be treated as if it were a police force—

(a)the Commissioners for Her Majesty's Revenue and Customs (and for this purpose a reference to the chief officer of a police force must be taken to be a reference to any one of the Commissioners);

(b)the [F57National Crime Agency] (and for this purpose a reference to the chief officer of a police force must be taken to be a reference to the Director General of the Agency);

[F58(ba)the tri-service serious crime unit (and for this purpose a reference to the chief officer of a police force must be taken to be a reference to the Provost Marshal for serious crime);]

(c)such other department or body as is prescribed (and regulations may prescribe in relation to the department or body the person to whom a reference to the chief officer is to be taken to be).]]

Textual Amendments

F55S. 113B(10)(a) substituted for s. 113(10)(a)(b) (4.6.2007) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 149; S.I. 2007/1442, art. 2(1)

F56S. 113B(10)(f)(g) omitted (7.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 60(a); S.I. 2013/1682, art. 3(v)

F57Words in s. 113B(11)(b) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 60(b); S.I. 2013/1682, art. 3(v)

F393Words in s. 113B(3) substituted (S.) (28.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 108(2), 206(1); S.S.I. 2011/157, art. 2(b) (with art. 3)

F394S. 113B(3A) inserted (S.) (8.2.2016) by The Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 Remedial (No. 2) Order 2015 (S.S.I. 2015/423), arts. 1(2), 3(3)(a) (with arts. 5-10, 12)

F395Words in s. 113B(4) repealed (S.) (8.2.2016) by The Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 Remedial (No. 2) Order 2015 (S.S.I. 2015/423), arts. 1(2), 3(3)(b)(i) (with arts. 5-10, 12)

F396S. 113B(4)(a)(b) substituted (S.) (8.2.2016) by The Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 Remedial (No. 2) Order 2015 (S.S.I. 2015/423), arts. 1(2), 3(3)(b)(ii) (with arts. 5-10, 12)

F397S. 113B(4A) inserted (S.) (30.11.2020) by Age of Criminal Responsibility (Scotland) Act 2019 (asp 7), ss. 10(2), 84(2); S.S.I. 2020/369, reg. 2, sch.

F398S. 113B(5) repealed (S.) (8.2.2016) by The Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 Remedial (No. 2) Order 2015 (S.S.I. 2015/423), arts. 1(2), 3(3)(c) (with arts. 5-10, 12)

F399S. 113B(5A) inserted (S.) (11.1.2008) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), ss. 80, 101(2) (with ss. 90, 99); S.S.I. 2007/564, art. 2, sch.

F400Words in s. 113B(5A) repealed (S.) (8.2.2016) by The Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 Remedial (No. 2) Order 2015 (S.S.I. 2015/423), arts. 1(2), 3(3)(d) (with arts. 5-10, 12)

F401S. 113B(6) repealed (S.) (8.2.2016) by The Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 Remedial (No. 2) Order 2015 (S.S.I. 2015/423), arts. 1(2), 3(3)(e) (with arts. 5-10, 12)

[F62113BASuitability information relating to childrenE+W+NI

(1)In such cases as are prescribed, an enhanced criminal record certificate must also include suitability information relating to children.

(2)Suitability information relating to children is—

(a)whether the applicant is barred from regulated activity relating to children;

F63(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F63(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F63(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F64(e)whether the applicant is subject to a direction under [F65section 128 of the Education and Skills Act 2008 (prohibition on participation in management of independent educational institution in England) or] section 167A of the Education Act 2002 (prohibition on participation in management of independent school [F66in Wales]).]

(3)Expressions used in this section and in the 2006 Act have the same meaning in this section as in that Act, except that “prescribed” must be construed in accordance with section 125 of this Act.

(4)“The 2006 Act” means the Safeguarding Vulnerable Groups Act 2006.]

Textual Amendments

F62Ss. 113BA-113BC inserted (E.W.N.I.) (22.6.2009 for specified purposes, 12.10.2009 for E.W. in so far as not already in force, 12.10.2009 for N.I. in so far as not already in force) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 14(4) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/1503, art. 2(a); S.I. 2009/2610, art. 2(a) (with arts. 4-23); S.I. 2009/2611, art. 2, Sch.; S.I. 2009/1503, art. 2(a); S.I. 2009/2610, art. 2(a) (with arts. 4-23); S.I. 2009/2611, art. 2, Sch.

F63S. 113BA(2)(b)-(d) repealed (E.W.N.I.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 38, Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(aa)(i)

F64S. 113BA(2)(e) inserted (12.10.2009 for W.) by Education and Inspections Act 2006 (c. 40), ss. 170(2), 188(3); S.I. 2009/2545, art. 3(1)(b)

F65Words in s. 113BA(2)(e) inserted (8.9.2014) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 12(a); S.I. 2014/2379, art. 2(h)

F66Words in s. 113BA(2)(e) inserted (8.9.2014) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 12(b); S.I. 2014/2379, art. 2(h)

Modifications etc. (not altering text)

C13S. 113BA modified (temp.) (N.I.) (with application in accordance with arts. 2, 11 of the amending Order) by Safeguarding Vulnerable Groups (Regulated Activity, Transitional Provisions and Commencement No. 4) Order (Northern Ireland) 2009 (S.R. 2009/304), art. 12

C14S. 113BA modified (temp.) (N.I.) (with application in accordance with arts. 2, 5 of the amending Order) by Safeguarding Vulnerable Groups (Regulated Activity, Transitional Provisions and Commencement No. 4) Order (Northern Ireland) 2009 (S.R. 2009/304), art. 6

[F331[F402113BAInformation held outside the United KingdomS

(1)The Scottish Ministers may by order made by statutory instrument amend the definition of—

(a)“criminal conviction certificate” in section 112(2),

(b)“central records” in sections 112(3) and 113A(6),

(c)“criminal record certificate” in section 113A(3),

(d)“relevant matter” in section 113A(6),

(e)“enhanced criminal record certificate” in section 113B(3).

(2)An order under subsection (1) may be made only for the purposes of, or in connection with, enabling certificates issued under this Part to include details of information held outside the United Kingdom.

(3)No order may be made under subsection (1) unless a draft of the statutory instrument containing the order has been laid before, and approved by resolution of, the Scottish Parliament.]]

Textual Amendments

F331Ss. 124A, 124B inserted (S.) (1.4.2006 for the insertion of s. 124A) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 70(8), 89(2); S.S.I. 2006/168, art. 2

F402S. 113BA inserted (S.) (28.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 108(3), 206(1); S.S.I. 2011/157, art. 2(b) (with art. 3)

[F62113BBSuitability information relating to vulnerable adultsE+W+NI

(1)In such cases as are prescribed, an enhanced criminal record certificate must also include suitability information relating to vulnerable adults.

(2)Suitability information relating to vulnerable adults is —

(a)whether the applicant is barred from regulated activity relating to vulnerable adults;

F67(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F67(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F67(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)“The 2006 Act” means the Safeguarding Vulnerable Groups Act 2006.

Textual Amendments

F67S. 113BB(2)(b)-(d) repealed (E.W.N.I.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 39, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(i)

Modifications etc. (not altering text)

C15S. 113BB modified (temp.) (N.I.) (with application in accordance with arts. 2, 11 of the amending Order) by Safeguarding Vulnerable Groups (Regulated Activity, Transitional Provisions and Commencement No. 4) Order (Northern Ireland) 2009 (S.R. 2009/304), art. 13

C16S. 113BB modified (temp.) (N.I.) (with application in accordance with arts. 2, 5 of the amending Order) by Safeguarding Vulnerable Groups (Regulated Activity, Transitional Provisions and Commencement No. 4) Order (Northern Ireland) 2009 (S.R. 2009/304), art. 7

113BCSuitability information: power to amendE+W+NI

(1)The Secretary of State may by order made by statutory instrument—

(a)amend section 113BA for the purpose of altering the meaning of suitability information relating to children;

(b)amend section 113BB for the purpose of altering the meaning of suitability information relating to vulnerable adults [F68;

(c)amend section 120AC(4)(b) in consequence of an order made under paragraph (a) or (b).]

[F69(c)amend section 120AC(4)(b) in consequence of an order made under paragraph (a) or (b).]

(2)Such an order is subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F68S. 113BC(1)(c) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 105 (with s. 97); S.I. 2012/2234, art. 2(aa)(vi)

F69S. 113BC(1)(c) inserted (N.I.) (2.11.2015) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 5 para. 3; S.R. 2015/358, art. 2(m)(i)

[F70113CASuitability information relating to childrenS

(1)In such cases as are prescribed, an enhanced criminal record certificate must also include suitability information relating to children.

(2)Suitability information relating to children is—

(a)whether the applicant is barred from regulated work with children;

(b)if the applicant is barred from such activity, such details as are prescribed of the circumstances in which the applicant became barred;

(c)whether the Scottish Ministers are considering whether to list the individual in the children's list;

F71(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F72(e)if a notification order, made under section 97(5) of the Sexual Offences Act 2003, is in effect in respect of the applicant—

(i)the date of that order; and

(ii)the notification period applying to the applicant by virtue of section 98(1)(b) of that Act;

(f)if an interim notification order, made under section 100(3) of the Sexual Offences Act 2003, is in effect in respect of the applicant—

(i)the date of that order; and

(ii)the period for which that order has effect by virtue of section 100(4) of that Act;

[F73(fa)if a sexual harm prevention order, made under section 103A of the Sexual Offences Act 2003 [F74or Chapter 2 of Part 11 of the Sentencing Code], is in effect in respect of the applicant—

(i)the prohibitions described in that order;

(ii)the date of that order;

(iii)the period for which the prohibitions have effect by virtue of section 103C(2) or 103D(1) [F75of the Sexual Offences Act 2003 or section 347(2) or 348(1) of the Sentencing Code];

(iv)details as to whether the order has been varied or renewed under section 103E(5) [F76of the Sexual Offences Act 2003 or section 350(6) of the Sentencing Code];

(fb)if an interim sexual harm prevention order, made under section 103F of the Sexual Offences Act 2003, is in effect in respect of the applicant—

(i)the prohibitions described in that order;

(ii)the date of that order;

(iii)the period for which that order has effect by virtue of section 103F(4) of that Act;

(iv)details as to whether the order has been varied or renewed under section 103F(5) of that Act;]

[F77(fc)if a sexual harm prevention order, made under section 11(2) or 12(1) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, is in effect in respect of the applicant—

(i)the prohibitions and requirements contained in that order;

(ii)the date of that order;

(iii)the period for which each of the prohibitions and requirements contained in that order has effect by virtue of section 16(3) or, as the case may be, 17(1) of that Act;

(iv)details as to whether that order has been varied or renewed under section 20(1) of that Act;

(fd)if an interim sexual harm prevention order, made under section 21 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, is in effect in respect of the applicant—

(i)the prohibitions and requirements contained in that order;

(ii)the date of that order;

(iii)the period for which each of the prohibitions and requirements contained in that order has effect by virtue of section 21(5) of that Act;

(iv)details as to whether that order has been varied or renewed under section 21(10) of that Act;]

(g)if a sexual offences prevention order, made under section 104(1) or 105(3) of the Sexual Offences Act 2003, is in effect in respect of the applicant—

(i)the prohibitions described in that order;

(ii)the date of that order;

(iii)the period for which that order has effect by virtue of section 107(1)(b) of that Act; and

(iv)details as to whether that order has been varied or renewed under section 108(4) of that Act;

(h)if an interim sexual offences prevention order, made under section 109(3) of the Sexual Offences Act 2003, is in effect in respect of the applicant—

(i)the prohibitions described in that order;

(ii)the date of that order;

(iii)the period for which that order has effect by virtue of section 109(4) of that Act; and

(iv)details as to whether that order has been varied or renewed under section 109(6) of that Act;

(i)if a foreign travel order, made under section 114(3) of the Sexual Offences Act 2003, is in effect in respect of the applicant—

(i)the prohibitions specified in that order;

(ii)the date of that order;

(iii)the period for which that order has effect by virtue of section 117(1) of that Act; and

(iv)details as to whether that order has been varied or renewed under section 118(3) of that Act;

[F78(ia)if a sexual risk order, made under section 122A of the Sexual Offences Act 2003, is in effect in respect of the applicant—

(i)the prohibitions described in that order;

(ii)the date of that order;

(iii)the period for which the prohibitions have effect by virtue of section 122A(7) or 122C(1) of that Act;

(iv)details as to whether the order has been varied or renewed under section 122D(4) of that Act;

(ib)if an interim sexual risk order, made under section 122E of the Sexual Offences Act 2003, is in effect in respect of the applicant—

(i)the prohibitions described in that order;

(ii)the date of that order;

(iii)the period for which that order has effect by virtue of section 122E(4) of that Act;

(iv)details as to whether the order has been varied or renewed under section 122E(5) of that Act;]

[F79(ic)if a sexual risk order, made under section 27(1) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, is in effect in respect of the applicant—

(i)the prohibitions and requirements contained in that order;

(ii)the date of that order;

(iii)the period for which each of the prohibitions and requirements contained in that order has effect by virtue of section 28(3) or, as the case may be, 29(1) of that Act;

(iv)details as to whether that order has been varied or renewed under section 30(1) of that Act;

(id)if an interim sexual risk order, made under section 31(1) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, is in effect in respect of the applicant—

(i)the prohibitions and requirements contained in that order;

(ii)the date of that order;

(iii)the period for which each of the prohibitions and requirements contained in that order has effect by virtue of section 31(5) of that Act;

(iv)details as to whether that order has been varied or renewed under section 31(9) of that Act;]

(j)if a risk of sexual harm order, made under section 123(4) of the Sexual Offences Act 2003, is in effect in respect of the applicant—

(i)the prohibitions described in that order;

(ii)the date of that order;

(iii)the period for which that order has effect by virtue of section 123(5)(b) of that Act; and

(iv)details as to whether that order has been varied or renewed under section 125(3) of that Act;

(k)if an interim risk of sexual harm order, made under section 126(3) of the Sexual Offences Act 2003, is in effect in respect of the applicant—

(i)the prohibitions described in that order;

(ii)the date of that order;

(iii)the period for which that order has effect by virtue of section 126(4) of that Act; and

(iv)details as to whether that order has been varied or renewed under section 126(5) of that Act;

F80(l). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F80(m). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F70Ss. 113CA-113CC inserted (S.) (18.4.2010 for specified purposes, 28.2.2011 in so far as not already in force) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), s. 101(2), sch. 4 para. 29 (with ss. 90, 99); S.S.I. 2010/133, art. 2, sch.; S.S.I. 2011/157, art. 2(a) (with art. 3)

F71S. 113CA(2)(d) repealed (S.) (28.2.2011) by The Police Act 1997 (Alteration of the Meaning of Suitability Information relating to Children and Protected Adults) (Scotland) (No. 2) Order 2010 (S.S.I. 2010/382), arts. 1, 2

F72S. 113CA(2)(e)-(m) inserted (S.) (28.2.2011) by The Police Act 1997 (Alteration of the Meaning of Suitability Information relating to Children and Protected Adults) (Scotland) Order 2010 (S.S.I. 2010/190), arts. 1, 2

F73S. 113CA(2)(fa)(fb) inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 53(2) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

F74Words in s. 113CA(2)(fa) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 150(a) (with Sch. 27); S.I. 2020/1236, reg. 2

F75Words in s. 113CA(2)(fa)(iii) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 150(b) (with Sch. 27); S.I. 2020/1236, reg. 2

F76Words in s. 113CA(2)(fa)(iv) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 150(c) (with Sch. 27); S.I. 2020/1236, reg. 2

F77S. 113CA(2)(fc)(fd) inserted (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), s. 45(2)(3), sch. 2 para. 2(2)(a) (with s. 44); S.S.I. 2023/51, reg. 2 (with reg. 3)

F78S. 113CA(2)(ia)(ib) inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 53(3) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

F79S. 113CA(2)(ic)(id) inserted (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), s. 45(2)(3), sch. 2 para. 2(2)(b) (with s. 44); S.S.I. 2023/51, reg. 2 (with reg. 3)

F80S. 113CA(2)(l)(m) repealed (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), s. 45(2)(3), sch. 2 para. 2(2)(c) (with s. 44); S.S.I. 2023/51, reg. 2 (with regs. 3, 4(2))

113CBSuitability information relating to protected adultsS

(1)In such cases as are prescribed, an enhanced criminal record certificate must also include suitability information relating to protected adults.

(2)Suitability information relating to protected adults is—

(a)whether the applicant is barred from regulated work with adults;

(b)if the applicant is barred from such activity, such details as are prescribed of the circumstances in which the applicant became barred;

(c)whether the Scottish Ministers are considering whether to list the individual in the adults' list;

F81(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F82(e)if a notification order, made under section 97(5) of the Sexual Offences Act 2003, is in effect in respect of the applicant—

(i)the date of that order; and

(ii)the notification period applying to the applicant by virtue of section 98(1)(b) of that Act;

(f)if an interim notification order, made under section 100(3) of the Sexual Offences Act 2003, is in effect in respect of the applicant—

(i)the date of that order; and

(ii)the period for which that order has effect by virtue of section 100(4) of that Act;

[F83(fa)if a sexual harm prevention order, made under section 103A of the Sexual Offences Act 2003 [F84or Chapter 2 of Part 11 of the Sentencing Code], is in effect in respect of the applicant—

(i)the prohibitions described in that order;

(ii)the date of that order;

(iii)the period for which the prohibitions have effect by virtue of section 103C(2) or 103D(1) [F85of the Sexual Offences Act 2003 or section 347(2) or 348(1) of the Sentencing Code];

(iv)details as to whether the order has been varied or renewed under section 103E(5) [F86of the Sexual Offences Act 2003 or section 350(6) of the Sentencing Code];

(fb)if an interim sexual harm prevention order, made under section 103F of the Sexual Offences Act 2003, is in effect in respect of the applicant—

(i)the prohibitions described in that order;

(ii)the date of that order;

(iii)the period for which that order has effect by virtue of section 103F(4) of that Act;

(iv)details as to whether the order has been varied or renewed under section 103F(5) of that Act;]

[F87(fc)if a sexual harm prevention order, made under section 11(2) or 12(1) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, is in effect in respect of the applicant—

(i)the prohibitions and requirements contained in that order;

(ii)the date of that order;

(iii)the period for which each of the prohibitions and requirements contained in that order has effect by virtue of section 16(3) or, as the case may be, 17(1) of that Act;

(iv)details as to whether that order has been varied or renewed under section 20(1) of that Act;

(fd)if an interim sexual harm prevention order, made under section 21 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, is in effect in respect of the applicant—

(i)the prohibitions and requirements contained in that order;

(ii)the date of that order;

(iii)the period for which each of the prohibitions and requirements contained in that order has effect by virtue of section 21(5) of that Act;

(iv)details as to whether that order has been varied or renewed under section 21(10) of that Act;]

(g)if a sexual offences prevention order, made under section 104(1) or 105(3) of the Sexual Offences Act 2003, is in effect in respect of the applicant—

(i)the prohibitions described in that order;

(ii)the date of that order;

(iii)the period for which that order has effect by virtue of section 107(1)(b) of that Act; and

(iv)details as to whether that order has been varied or renewed under section 108(4) of that Act;

(h)if an interim sexual offences prevention order, made under section 109(3) of the Sexual Offences Act 2003, is in effect in respect of the applicant—

(i)the prohibitions described in that order;

(ii)the date of that order;

(iii)the period for which that order has effect by virtue of section 109(4) of that Act; and

(iv)details as to whether that order has been varied or renewed under section 109(6) of that Act;

(i)if a foreign travel order, made under section 114(3) of the Sexual Offences Act 2003, is in effect in respect of the applicant—

(i)the prohibitions specified in that order;

(ii)the date of that order;

(iii)the period for which that order has effect virtue of section 117(1) of that Act; and

(iv)details as to whether that order has been varied or renewed under section 118(3) of that Act;

[F88(ia)if a sexual risk order, made under section 122A of the Sexual Offences Act 2003, is in effect in respect of the applicant—

(i)the prohibitions described in that order;

(ii)the date of that order;

(iii)the period for which the prohibitions have effect by virtue of section 122A(7) or 122C(1) of that Act;

(iv)details as to whether the order has been varied or renewed under section 122D(4) of that Act;

(ib)if an interim sexual risk order, made under section 122E of the Sexual Offences Act 2003, is in effect in respect of the applicant—

(i)the prohibitions described in that order;

(ii)the date of that order;

(iii)the period for which that order has effect by virtue of section 122E(4) of that Act;

(iv)details as to whether the order has been varied or renewed under section 122E(5) of that Act;]

[F89(ic)if a sexual risk order, made under section 27(1) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, is in effect in respect of the applicant—

(i)the prohibitions and requirements contained in that order;

(ii)the date of that order;

(iii)the period for which each of the prohibitions and requirements contained in that order has effect by virtue of section 28(3) or, as the case may be, 29(1) of that Act;

(iv)details as to whether that order has been varied or renewed under section 30(1) of that Act;

(id)if an interim sexual risk order, made under section 31(1) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, is in effect in respect of the applicant—

(i)the prohibitions and requirements contained in that order;

(ii)the date of that order;

(iii)the period for which each of the prohibitions and requirements contained in that order has effect by virtue of section 31(5) of that Act;

(iv)details as to whether that order has been varied or renewed under section 31(9) of that Act;]

(j)if a risk of sexual harm order, made under section 123(4) of the Sexual Offences Act 2003, is in effect in respect of the applicant—

(i)the prohibitions described in that order;

(ii)the date of that order;

(iii)the period for which that order has effect by virtue of section 123(5)(b) of that Act; and

(iv)details as to whether that order has been varied or renewed under section 125(3) of that Act;

(k)if an interim risk of sexual harm order, made under section 126(3) of the Sexual Offences Act 2003, is in effect in respect of the applicant—

(i)the prohibitions described in that order;

(ii)the date of that order;

(iii)the period for which that order has effect by virtue of section 126(4) of that Act; and

(iv)details as to whether that order has been varied or renewed under section 126(5) of that Act;

F90(l). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F90(m). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F81S. 113CB(2)(d) repealed (S.) (28.2.2011) by The Police Act 1997 (Alteration of the Meaning of Suitability Information relating to Children and Protected Adults) (Scotland) (No. 2) Order 2010 (S.S.I. 2010/382), arts. 1, 3

F82S. 113CB(2)(e)-(m) inserted (S.) (28.2.2011) by The Police Act 1997 (Alteration of the Meaning of Suitability Information relating to Children and Protected Adults) (Scotland) Order 2010 (S.S.I. 2010/190), arts. 1, 3

F83S. 113CB(2)(fa)(fb) inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 54(2) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

F84Words in s. 113CB(2)(fa) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 151(a) (with Sch. 27); S.I. 2020/1236, reg. 2

F85Words in s. 113CB(2)(fa)(iii) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 151(b) (with Sch. 27); S.I. 2020/1236, reg. 2

F86Words in s. 113CB(2)(fa)(iv) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 151(c) (with Sch. 27); S.I. 2020/1236, reg. 2

F87S. 113CB(2)(fc)(fd) inserted (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), s. 45(2)(3), sch. 2 para. 2(3)(a) (with s. 44); S.S.I. 2023/51, reg. 2 (with reg. 3)

F88S. 113CB(2)(ia)(ib) inserted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 54(3) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(g)(i)

F89S. 113CB(2)(ic)(id) inserted (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), s. 45(2)(3), sch. 2 para. 2(3)(b) (with s. 44); S.S.I. 2023/51, reg. 2 (with reg. 3)

F90S. 113CB(2)(l)(m) repealed (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), s. 45(2)(3), sch. 2 para. 2(3)(c) (with s. 44); S.S.I. 2023/51, reg. 2 (with regs. 3, 4(2))

113CCSuitability information: supplementaryS

(1)The Scottish Ministers may by order made by statutory instrument—

(a)amend section 113CA for the purpose of altering the meaning of suitability information relating to children;

(b)amend section 113CB for the purpose of altering the meaning of suitability information relating to protected adults.

(2)Such an order is subject to annulment in pursuance of a resolution of the Scottish Parliament.

(3)Expressions used in sections 113CA and 113CB and in the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14) have the same meaning in those sections as in that Act, except that “prescribed” must be construed in accordance with section 125 of this Act.]

Textual Amendments

F91113CCriminal record certificates: suitability relating to childrenU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F91Ss. 113C-113F repealed (E.W.) (12.10.2009 for the repeal of ss. 113C, 113D, 113F) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 10 (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2610, art. 2(b) (with arts. 4-23)

Ss. 113C-113F repealed (N.I.) (12.10.2009 for the repeal of ss. 113C, 113D, 113F) by The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351), art. 1(3), Sch. 8 (with arts. 2(4), 53, 57(3), 61(4)); S.R. 2009/304, art. 3(a)

Ss. 113C-113F repealed (S.) (28.2.2011) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), s. 101(2), sch. 4 para. 30 (with ss. 90, 99); S.S.I. 2011/157, art. 2(a) (with art. 3)

F91113DCriminal record certificates: suitability relating to adultsU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Ss. 113C-113F repealed (S.) (28.2.2011) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), s. 101(2), sch. 4 para. 30 (with ss. 90, 99); S.S.I. 2011/157, art. 2(a) (with art. 3)

[F91113ECriminal record certificates: specified children's and adults' lists: urgent casesU.K.

(1)Subsection (2) applies to an application under section 113A or 113B if—

(a)it is accompanied by a children's suitability statement,

(b)the registered person requests an urgent preliminary response, and

(c)the applicant pays in the prescribed manner such additional fee as is prescribed in respect of the application.

(2)[F92The Secretary of State] [F92DBS] must notify the registered person—

(a)if the applicant is not included in a specified children's list, of that fact;

(b)if the applicant is included in such a list, of the details prescribed for the purposes of section 113C(1)(b) above;

(c)if the applicant is not subject to a specified children's direction, of that fact;

(d)if the applicant is subject to such a direction, of the grounds on which the direction was given and the details prescribed for the purposes of section 113C(1)(d) above.

(3)Subsection (4) applies to an application under section 113A or 113B if—

(a)it is accompanied by an adults' suitability statement,

(b)the registered person requests an urgent preliminary response, and

(c)the applicant pays in the prescribed manner such additional fee as is prescribed in respect of the application.

(4)[F93The Secretary of State] [F93DBS] must notify the registered person either—

(a)that the applicant is not included in a specified adults' list, or

(b)that a criminal record certificate or enhanced criminal record certificate will be issued in due course.

(5)In this section—

“criminal record certificate” has the same meaning as in section 113A;
“enhanced criminal record certificate” has the same meaning as in section 113B;
“children's suitability statement” “, specified children's direction” and “specified children's list” have the same meaning as in section 113C;
“adults' suitability statement” and “specified adults' list” have the same meaning as in section 113D.]

Textual Amendments

Ss. 113C-113F repealed (S.) (28.2.2011) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), s. 101(2), sch. 4 para. 30 (with ss. 90, 99); S.S.I. 2011/157, art. 2(a) (with art. 3)

F92Words in s. 113E(2) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(d) (with Pt. 4)

F93Words in s. 113E(4) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(d) (with Pt. 4)

Modifications etc. (not altering text)

C17S. 113E modified (temp.) (12.10.2009) by The Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Miscellaneous and Transitional Provisions and Commencement No. 5) Order 2009 (S.I. 2009/2610), arts. 1(1), 14

C18S. 113E modified (10.9.2012) by The Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157), arts. 1(1), 8

C19S. 113E modified (temp.) (27.3.2020) by The Protection of Freedoms Act 2012 (Transitory Provision) Order 2020 (S.I. 2020/358), arts. 1(1), 2

F91113FCriminal record certificates: supplementaryU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

Ss. 113C-113F repealed (S.) (28.2.2011) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), s. 101(2), sch. 4 para. 30 (with ss. 90, 99); S.S.I. 2011/157, art. 2(a) (with art. 3)

114 Criminal record certificates: Crown employment.U.K.

(1)[F94The Secretary of State] [F94DBS] shall issue a criminal record certificate to any individual who—

(a)makes an application under this section F95...,

[F96(aa)is aged 16 or over at the time of making the application,]

[F97(aa)except in prescribed circumstances, is aged 16 or over at the time of making the application,] and

[F98(b)pays any fee that is payable in relation to the application under regulations made by the Secretary of State.]

[F98(b)pays in the prescribed manner any prescribed fee]

(2)An application under this section must be accompanied by a statement by [F99a Minister of the Crown] [F99a person mentioned in subsection (2A)] that the certificate is required for the purposes of an exempted question asked in the course of considering the applicant’s suitability for an appointment by or under the Crown.

[F100(2A)Any of the following persons may make a statement for the purposes of subsection (2)—

(a)a Minister of the Crown;

(b)a member of the Scottish Executive;

(c)any other office-holder in the Scottish Administration; or

(d)a nominee of any person mentioned in paragraphs (a) to (c).]

(3)[F101[F102Section 113A(3) to (6)]] [F101Sections 113A(3) to (6), 120AC and 120AD] shall apply in relation to this section with any necessary modifications.

Textual Amendments

F94Words in s. 114(1) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(e) (with Pt. 4)

F95Words in s. 114(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(3), 116(1), Sch. 8 Pt. 8; S.I. 2010/125, art. 2(n)(u)

F96S. 114(1)(aa) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 80(1), 120 (with s. 97); S.I. 2012/2234, art. 2(s) (with art. 5)

F97S. 114(1)(aa) inserted (N.I.) (2.11.2015) by Justice Act (Northern Ireland) 2015 (c. 9), ss. 38(1), 106(2); S.R. 2015/358, art. 2(c)

F98S. 114(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(3)(b)

F99Words in s. 114(2) substituted (S.) (28.2.2011) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), s. 101(2), sch. 4 para. 31(a) (with ss. 90, 99); S.S.I. 2011/157, art. 2(a) (with art. 3)

F100S. 114(2A) inserted (S.) (28.2.2011) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), s. 101(2), sch. 4 para. 31(b) (with ss. 90, 99); S.S.I. 2011/157, art. 2(a) (with art. 3)

F101Words in s. 114(3) substituted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 106 (with s. 97); S.I. 2012/2234, art. 2(aa)(vi); and substituted (N.I.) (2.11.2015) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 5 para. 4; S.R. 2015/358, art. 2(m)(i)

F102Words in s. 114(3) substituted (E.W.N.I.) (12.10.2009 for E.W., 12.10.2009 for N.I.) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 14(5) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2610, art. 2(a) (with arts. 4-23); S.I. 2009/2611, art. 2, Sch.; and substituted (S.) (28.2.2011) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), s. 101(2), sch. 4 para. 31(c) (with ss. 90, 99); S.S.I. 2011/157, art. 2(a) (with art. 3)

Commencement Information

I4S. 114 in force at 1.3.2002 for E.W. by S.I. 2002/413, art. 2

S. 114 in force at 25.4.2002 for S. by S.S.I. 2002/124, art. 4

I5S. 114 in force at 1.4.2008 for N.I. by S.I. 2008/692, art. 2(g)

F103115 Enhanced criminal record certificates.E+W+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E1This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only

Textual Amendments

F103S. 115 repealed (1.4.2006 for S., 6.4.2006 for E.W.) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 163(1), 178(4)(d)(8), Sch. 17 Pt. 2; S.S.I. 2006/166, art. 2(1)(c)(d); S.I. 2006/378, art. 7(a)(f)

F103[F331115 Enhanced criminal record certificates.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E9This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland only

Textual Amendments

F331Ss. 124A, 124B inserted (S.) (1.4.2006 for the insertion of s. 124A) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 70(8), 89(2); S.S.I. 2006/168, art. 2

116 Enhanced criminal record certificates: judicial appointments and Crown employment.U.K.

(1)[F104The Secretary of State] [F104DBS] shall issue an enhanced criminal record certificate to any individual who—

(a)makes an application under this section F105...,

[F106(aa)is aged 16 or over at the time of making the application,]

[F107(aa)except in prescribed circumstances, is aged 16 or over at the time of making the application,] and

[F108(b)pays any fee that is payable in relation to the application under regulations made by the Secretary of State.]

[F108(b)pays in the prescribed manner any prescribed fee]

(2)An application under this section must be accompanied by a statement by [F109a Minister of the Crown, or a person nominated by a Minister of the Crown,] [F109a person mentioned in subsection (2A)] that the certificate is required for the purposes of an exempted question asked in the course of considering the applicant’s suitability for—

(a)a judicial appointment, or

(b)an appointment by or under the Crown to a position [F110to which subsection (3) or (4) of section 115 applies] [F110of such description as may be prescribed].

[F111(2A)Any of the following persons may make a statement for the purposes of subsection (2)—

(a)a Minister of the Crown;

(b)a member of the Scottish Executive;

(c)any other office-holder in the Scottish Administration; or

(d)a nominee of any person mentioned in paragraphs (a) to (c).]

(3)[F112Sections 113B(3) to (11) [F113and [F114113BA to 113BC]] [F113, 113BA to 113BC, 120AC and 120AD] [F115113CA to 113CC]] shall apply in relation to this section with any necessary modifications.

Textual Amendments

F104Words in s. 116(1) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(f) (with Pt. 4)

F105Words in s. 116(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(3), 116(1), Sch. 8 Pt. 8; S.I. 2010/125, art. 2(n)(u)

F106S. 116(1)(aa) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 80(1), 120 (with s. 97); S.I. 2012/2234, art. 2(s) (with art. 5)

F107S. 116(1)(aa) inserted (N.I.) (2.11.2015) by Justice Act (Northern Ireland) 2015 (c. 9), ss. 38(1), 106(2); S.R. 2015/358, art. 2(c)

F108S. 116(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(4)(b)

F109Words in s. 116(2) substituted (S.) (28.2.2011) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), s. 101(2), sch. 4 para. 32(a) (with ss. 90, 99); S.S.I. 2011/157, art. 2(a) (with art. 3)

F110Words in s. 116(2)(b) substituted (E.W.N.I.) (29.1.2004 for specified purposes for E.W., 6.4.2006 for E.W. in so far as not already in force, 1.4.2008 for N.I.) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 35 para. 5; S.I. 2004/81, art. 4(1)(2)(o)(ii); S.I. 2006/751, art. 2(c)(i); S.I. 2008/694, art. 2

F111S. 116(2A) inserted (S.) (28.2.2011) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), s. 101(2), sch. 4 para. 32(b) (with ss. 90, 99); S.S.I. 2011/157, art. 2(a) (with art. 3)

F112Words in s. 116(3) substituted (1.4.2006 for S., 6.4.2006 for E.W., 1.4.2008 for N.I.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(4)(e)(8), Sch. 14 para. 3(b); S.S.I. 2006/166, art. 2(1)(e); S.I. 2006/378, art. 7(c); S.I. 2008/697, art. 2(e)

F113Words in s. 116(3) substituted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 107 (with s. 97); S.I. 2012/2234, art. 2(aa)(vi); and substituted (N.I.) (2.11.2015) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 5 para. 5; S.R. 2015/358, art. 2(m)(i)

F114Words in s. 116(3) substituted (E.W.N.I.) (12.10.2009 for E.W., 12.10.2009 for N.I.) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 14(6) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2610, art. 2(a) (with arts. 4-23); S.I. 2009/2611, art. 2, Sch.

F115Words in s. 116(3) substituted (S.) (28.2.2011) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), s. 101(2), sch. 4 para. 32(c) (with ss. 90, 99); S.S.I. 2011/157, art. 2(a) (with art. 3)

Modifications etc. (not altering text)

C20S. 116 modified (temp.) (N.I.) (with application in accordance with arts. 2, 14 of the amending Order) by Safeguarding Vulnerable Groups (Regulated Activity, Transitional Provisions and Commencement No. 4) Order (Northern Ireland) 2009 (S.R. 2009/304), art. 15 (which modifying provision is revoked (10.9.2012) by The Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order (Northern Ireland) 2012 (S.R. 2012/320), arts. 1, 4)

C21S. 116 modified (E.W.) (10.9.2012) by The Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157), arts. 1(1), 9

C22S. 116 modified (N.I.) (temp.) (10.9.2012) by The Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order (Northern Ireland) 2012 (S.R. 2012/320), arts. 1, 5, 7

Commencement Information

I6S. 116 in force at 1.3.2002 for E.W. by S.I. 2002/413, art. 2

S. 116 in force at 25.4.2002 for S. by S.S.I. 2002/124, art. 4

I7S. 116 in force at 1.4.2008 for N.I. by S.I. 2008/692, art. 2(h)

[F116116ZACopies of criminal record certificate or enhanced criminal record certificateS

(1)Subsection (2) applies where—

(a)the Scottish Ministers issue a criminal record certificate or an enhanced criminal record certificate, and

(b)the certificate does not include details of a conviction [F117which falls within subsection (1A)].

[F118(1A)A conviction falls within this subsection if it is—

(a)a conviction for an offence listed in schedule 8A which is a spent conviction and either—

(i)the person was aged under 18 on the date of conviction and at least 7 years and 6 months have passed since the date of the conviction, or

(ii)the person was aged 18 or over on the date of conviction and at least 15 years have passed since the date of conviction,

(b)a conviction for an offence listed in schedule 8B which is—

(i)a spent conviction, but

(ii)not a protected conviction.]

(2)The Scottish Ministers must send a copy of the certificate to the relevant person at the same time as they issue the certificate.

(3)Subsections (4) and (5) apply where—

(a)the Scottish Ministers issue a criminal record certificate or an enhanced criminal record certificate to an individual, and

(b)the certificate includes details of a conviction [F119which falls within subsection (1A)].

(4)Where—

(a)the individual notifies the Scottish Ministers before the end of the period mentioned in section 116ZB(3)(a) that the individual does not intend to make an application under section 116ZB(2), or

(b)that period expires without the individual having notified the Scottish Ministers that the individual does intend to make such an application

the Scottish Ministers must send a copy of the certificate to the relevant person as soon as possible after receiving the notification or, as the case may be, the expiry of that period.

(5)The Scottish Ministers must not send a copy of the certificate to the relevant person if the individual notifies the Scottish Ministers before the end of the period mentioned in section 116ZB(3)(a) that the individual intends to make an application under section 116ZB(2).

(6)In this section, “relevant person” means—

(a)in relation to a criminal record certificate issued under section 113A(1) or an enhanced criminal record certificate issued under section 113B(1), the person who countersigned the application for the certificate under section 113A(2)(a) or, as the case may be, 113B(2)(a),

(b)in relation to a criminal record certificate issued under section 114(1) or an enhanced criminal record certificate issued under section 116(1), the person who made the statement in relation to the certificate under section 114(2) or, as the case may be, 116(2).

Textual Amendments

F116Ss. 116ZA, 116ZB inserted (S.) (8.2.2016) by The Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 Remedial (No. 2) Order 2015 (S.S.I. 2015/423), arts. 1(2), 3(4) (with arts. 5-10, 12)

F117Words in s. 116ZA(1)(b) substituted (17.2.2018) by The Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 Remedial Order 2018 (S.S.I. 2018/52), arts. 1(2), 3(2)(a)

F118S. 116ZA(1A) inserted (17.2.2018) by The Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 Remedial Order 2018 (S.S.I. 2018/52), arts. 1(2), 3(2)(b)

F119Words in s. 116ZA(3)(b) substituted (17.2.2018) by The Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 Remedial Order 2018 (S.S.I. 2018/52), arts. 1(2), 3(2)(c)

116ZBApplication for an order for a new criminal record certificate or enhanced criminal record certificateS

(1)This section applies where—

(a)the Scottish Ministers issue a criminal record certificate or an enhanced criminal record certificate to an individual, and

(b)the certificate includes details of a conviction [F120which falls within section 116ZA(1A)].

(2)The individual may apply to the sheriff for an order requiring the Scottish Ministers to issue a new certificate that does not include those details.

(3)An application under subsection (2)—

(a)may only be made if the individual, before the end of the period of 10 working days beginning with the date of the issue of the certificate, notifies the Scottish Ministers of an intention to make the application, and

(b)must be made before the end of the period of 3 months beginning with the date on which that notification is given.

(4)No finding of fact on which a conviction is based may be challenged in an application under subsection (2).

(5)Proceedings in an application under subsection (2) may take place in private if the sheriff considers it appropriate in all the circumstances.

(6)In determining an application under subsection (2) the sheriff must—

(a)if satisfied that the details are not relevant to the purpose for which the certificate was required, allow the application,

(b)otherwise, refuse the application.

(7)The sheriff may allow the application in part where it relates to details in relation to two or more convictions.

(8)The decision of the sheriff on an application is final.

(9)Where the sheriff allows the application, the sheriff must order the Scottish Ministers—

(a)to issue a new certificate to the individual as if the individual had made the application for the certificate under section 113A(1), 113B(1), 114(1) or, as the case may be, 116(1) on the date on which the sheriff makes the order,

(b)to exclude from that certificate the details which the sheriff is satisfied are not relevant.

(10)Where the sheriff refuses the application—

(a)the Scottish Ministers must issue a new certificate to the individual as if the individual had made the application for the certificate under section 113A(1), 113B(1), 114(1) or, as the case may be, 116(1) on the date on which the sheriff makes the order,

(b)the individual may not make an application under subsection (2) in relation to the details of the conviction in connection with the new certificate (or any subsequent certificate issued in relation to the original certificate application).

(11)In subsection (10)(b), the “original certificate application” is the application for the certificate mentioned in subsection (1)(a).

(12)Sections 116ZA and 117 apply to a new certificate issued under subsection (9) or (10)(a) as if the certificate had been issued under section 113A(1), 113B(1), 114(1) or, as the case may be, 116(1).]

Textual Amendments

F120Words in s. 116ZB(1)(b) substituted (17.2.2018) by The Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 Remedial Order 2018 (S.S.I. 2018/52), arts. 1(2), 3(3)

[F121116AUp-dating certificatesE+W

(1)[F122DBS] must, on the request of a relevant person and subject to subsection (2), give up-date information to that person about—

(a)a criminal conviction certificate,

(b)a criminal record certificate, or

(c)an enhanced criminal record certificate,

which is subject to up-date arrangements.

(2)[F123DBS] may impose conditions about—

(a)the information to be supplied in connection with such a request for the purpose of enabling the Secretary of State to decide whether the person is a relevant person,

(b)any other information to be supplied in connection with such a request.

(3)For the purposes of subsection (1) a certificate is subject to up-date arrangements if condition A, B or C is met and the arrangements have not ceased to have effect in accordance with a notice given under section 118(3B).

(4)Condition A is that—

(a)the individual who applied for the certificate made an application at the same time to [F124DBS] for the certificate to be subject to up-date arrangements,

(b)the individual has paid in the prescribed manner any prescribed fee,

(c)[F124DBS] has granted the application for the certificate to be subject to up-date arrangements, and

(d)the period of 12 months beginning with the date on which the grant comes into force has not expired.

(5)Condition B is that—

(a)the individual whose certificate it is has made an application to [F125DBS] to renew or (as the case may be) further renew unexpired up-date arrangements in relation to the certificate,

(b)the individual has paid in the prescribed manner any prescribed fee,

(c)[F125DBS] has granted the application,

(d)the grant has come into force on the expiry of the previous up-date arrangements, and

(e)the period of 12 months beginning with the date on which the grant has come into force has not expired.

(6)Condition C is that—

(a)the certificate was issued under section 117(2) or 117A(5)(b), and

(b)the certificate which it superseded—

(i)was subject to up-date arrangements immediately before it was superseded, and

(ii)would still be subject to those arrangements had it not been superseded.

(7)[F126DBS] must not grant an application as mentioned in subsection (4)(c) or (5)(c) unless any fee prescribed under subsection (4)(b) or (as the case may be) (5)(b) has been paid in the manner so prescribed.

(8)In this section “up-date information” means—

(a)in relation to a criminal conviction certificate or a criminal record certificate—

(i)information that there is no information recorded in central records which would be included in a new certificate but is not included in the current certificate, or

(ii)advice to apply for a new certificate or (as the case may be) request another person to apply for such a certificate,

(b)in relation to an enhanced criminal record certificate which includes suitability information relating to children or vulnerable adults—

(i)information that there is no information recorded in central records, no information of the kind mentioned in section 113B(4), and no information of the kind mentioned in section 113BA(2) or (as the case may be) 113BB(2), which would be included in a new certificate but is not included in the current certificate, or

(ii)advice to apply for a new certificate or (as the case may be) request another person to apply for such a certificate, and

(c)in relation to any other enhanced criminal record certificate—

(i)information that there is no information recorded in central records, nor any information of the kind mentioned in section 113B(4), which would be included in a new certificate but is not included in the current certificate, or

(ii)advice to apply for a new certificate or (as the case may be) request another person to apply for such a certificate.

(9)If up-date information is given under subsection (8)(a)(i), (8)(b)(i) or (8)(c)(i) and the certificate to which that information relates is one to which subsection (10) applies, the up-date information must include that fact.

(10)This subsection applies to a certificate which—

(a)in the case of a criminal conviction certificate, states that there are no convictions or conditional cautions of the applicant recorded in central records,

(b)in the case of a criminal record certificate, is as described in section 120AC(3), and

(c)in the case of an enhanced criminal record certificate, is as described in section 120AC(4).

(11)In this section—

“central records” has the same meaning as in section 113A,
“criminal record certificate” includes a certificate under section 114,
“enhanced criminal record certificate” includes a certificate under section 116,
“exempted question” has the same meaning as in section 113A,
“relevant person” means—
(a)
in relation to a criminal conviction certificate—
(i)
the individual whose certificate it is, or
(ii)
any person authorised by the individual,
(b)
in relation to a criminal record certificate—
(i)
the individual whose certificate it is, or
(ii)
any person who is authorised by the individual and is seeking the information for the purposes of an exempted question, and
(c)
in relation to an enhanced criminal record certificate—
(i)
the individual whose certificate it is, or
(ii)
any person who is authorised by the individual and is seeking the information for the purposes of an exempted question asked for a purpose prescribed under section 113B(2)(b).]

Textual Amendments

F121S. 116A inserted (E.W.) (17.6.2013) by Protection of Freedoms Act 2012 (c. 9), ss. 83, 120 (with s. 97); S.I. 2013/1180, art. 2(b)

F122Word in s. 116A(1) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(g) (with Pt. 4)

F123Word in s. 116A(2) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(g) (with Pt. 4)

F124Word in s. 116A(4) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(g) (with Pt. 4)

F125Word in s. 116A(5) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(g) (with Pt. 4)

F126Word in s. 116A(7) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(g) (with Pt. 4)

117 Disputes about [F127accuracy of certificates] [F127certificates and up-date information].E+W

(1)Where an applicant for a certificate under any of sections 112 to 116 believes that the information contained in the certificate is inaccurate he may make an application [F128in writing] to [F129the Secretary of State] [F129DBS] for a new certificate.

[F130(1A)Where any person other than the applicant believes that the information contained in a certificate under any of sections 112 to 116 is inaccurate, that person may make an application in writing to [F131DBS] for a decision as to whether or not the information is inaccurate.]

[F132(1A)Where any person other than the applicant believes that the information contained in a certificate under any of sections 112 to 116 is inaccurate, that person may make an application in writing to the Department for a decision as to whether or not the information is inaccurate.]

[F133(1B)Where a person believes that the wrong up-date information has been given under section 116A in relation to the person's certificate, the person may make an application in writing to [F134DBS] for corrected up-date information.]

(2)[F135The Secretary of State] [F135DBS] shall consider any application under this section; and where [F136he] [F136it] is of the opinion that the information in the certificate is inaccurate [F137, or that the wrong up-date information has been given,] [F136he] [F136it] shall issue a new certificate [F138or (as the case may be) corrected up-date information].

[F139(2A)In this section—

“corrected up-date information”, in relation to a certificate, means information which includes—
(a)
information that the wrong up-date information was given in relation to the certificate on a particular date, and
(b)
new up-date information in relation to the certificate,
“up-date information” has the same meaning as in section 116A.]

[F140(3)[F141Subject to subsection (3A),] An application under this section may, in particular, request a review of any information contained in a certificate by virtue of section 113B(4).

[F142(3A)But an application under this section may not request a review of information contained in a certificate by virtue of section 113B(4) which was or could have been the subject of an appeal under section 20 of the Age of Criminal Responsibility (Scotland) Act 2019.]

[F143(4)The Scottish Ministers, on receiving [F144a request mentioned in subsection (3)], must ask the chief officer of the relevant police force who provided that information to reconsider whether—

(a)the chief officer still reasonably believes that information to be relevant for the purpose in respect of which it was requested, and

(b)in the chief officer’s opinion, that information still ought to be included in the certificate.]]

[F145(5)This section does not apply to any information which could be the subject of an application under section 116ZB(2).]

Textual Amendments

F127Words in s. 117 title substituted (E.W.) (17.6.2013) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 108(2) (with s. 97); S.I. 2013/1180, art. 2(e)(i)

F128Words in s. 117(1) repealed (S.) (11.1.2008) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), ss. 79(2), 101(2) (with ss. 90, 99); S.S.I. 2007/564, art. 2, sch.

F129Words in s. 117(1) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(h) (with Pt. 4)

F130S. 117(1A) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 82(4), 120 (with s. 97); S.I. 2012/2234, art. 2(u)

F131Words in s. 117(1A) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(h) (with Pt. 4)

F132S. 117(1A) inserted (N.I.) (2.11.2015) by Justice Act (Northern Ireland) 2015 (c. 9), ss. 40(4), 106(2); S.R. 2015/358, art. 2(e)

F133S. 117(1B) inserted (E.W.) (17.6.2013) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 108(3) (with s. 97); S.I. 2013/1180, art. 2(e)(i)

F134Words in s. 117(1B) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(h) (with Pt. 4)

F135Words in s. 117(2) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(h) (with Pt. 4)

F136Word in s. 117(2) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 40 (with Pt. 4)

F137Words in s. 117(2) inserted (E.W.) (17.6.2013) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 108(4)(a) (with s. 97); S.I. 2013/1180, art. 2(e)(i)

F138Words in s. 117(2) inserted (E.W.) (17.6.2013) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 108(4)(b) (with s. 97); S.I. 2013/1180, art. 2(e)(i)

F139S. 117(2A) inserted (E.W.) (17.6.2013) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 108(5) (with s. 97); S.I. 2013/1180, art. 2(e)(i)

F140S. 117(3)(4) inserted (S.) (11.1.2008) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), s. 101(2), sch. 4 para. 33 (with ss. 90, 99); S.S.I. 2007/564, art. 2, sch.

F141Words in s. 117(3) inserted (S.) (30.11.2020) by Age of Criminal Responsibility (Scotland) Act 2019 (asp 7), ss. 25(2)(a), 84(2); S.S.I. 2020/369, reg. 2, sch.

F142S. 117(3A) inserted (S.) (30.11.2020) by Age of Criminal Responsibility (Scotland) Act 2019 (asp 7), ss. 25(2)(b), 84(2); S.S.I. 2020/369, reg. 2, sch.

F143S. 117(4) substituted (S.) (8.2.2016) by The Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 Remedial (No. 2) Order 2015 (S.S.I. 2015/423), arts. 1(2), 3(5)(a) (with arts. 5-10, 12)

F144Words in s. 117(4) substituted (S.) (30.11.2020) by Age of Criminal Responsibility (Scotland) Act 2019 (asp 7), ss. 25(2)(c), 84(2); S.S.I. 2020/369, reg. 2, sch.

F145S. 117(5) inserted (S.) (8.2.2016) by The Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 Remedial (No. 2) Order 2015 (S.S.I. 2015/423), arts. 1(2), 3(5)(b) (with arts. 5-10, 12)

Commencement Information

I8S. 117 in force at 1.3.2002 for E.W. by S.I. 2002/413, art. 2

S. 117 in force at 25.4.2002 for S. by S.S.I. 2002/124, art. 4

I9S. 117 in force at 1.4.2008 for N.I. by S.I. 2008/692, art. 2(i)

[F146117AOther disputes about section 113B(4) informationE+W

(1)Subsection (2) applies if a person believes that information provided in accordance with section 113B(4) and included in a certificate under section 113B or 116 —

(a)is not relevant for the purpose described in the statement under section 113B(2) or (as the case may be) 116(2), or

(b)ought not to be included in the certificate.

(2)The person may apply in writing to the independent monitor appointed under section 119B for a decision as to whether the information is information which falls within subsection (1)(a) or (b) above.

(3)The independent monitor, on receiving such an application, must ask such chief officer of a police force as the independent monitor considers appropriate to review whether the information concerned is information which—

(a)the chief officer reasonably believes to be relevant for the purpose described in the statement under section 113B(2) or (as the case may be) 116(2), and

(b)in the chief officer's opinion, ought to be included in the certificate.

(4)In exercising functions under subsection (3), the chief officer concerned must have regard to any guidance for the time being published under section 113B(4A).

(5)If, following a review under subsection (3), the independent monitor considers that any of the information concerned is information which falls within subsection (1)(a) or (b)—

(a)the independent monitor must inform [F147DBS] of that fact, and

(b)on being so informed, [F147DBS] must issue a new certificate.

(6)In issuing such a certificate, [F148DBS] must proceed as if the information which falls within subsection (1)(a) or (b) had not been provided under section 113B(4).

(7)In deciding for the purposes of this section whether information is information which falls within subsection (1)(a) or (b), the independent monitor must have regard to any guidance for the time being published under section 113B(4A).

(8)Subsections (10) and (11) of section 113B apply for the purposes of this section as they apply for the purposes of that section.]

Extent Information

E2This version of this provision extends to England and Wales only; a separate version has been created for Northern Ireland only

Textual Amendments

F146S. 117A inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 82(5), 120 (with s. 97); S.I. 2012/2234, art. 2(u)

F147Words in s. 117A(5) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(i) (with Pt. 4)

F148Words in s. 117A(6) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(i) (with Pt. 4)

[F403117AOther disputes about section 113B(4) informationN.I.

(1)Subsection (2) applies if a person believes that information provided in accordance with section 113B(4) and included in a certificate under section 113B or 116—

(a)is not relevant for the purpose described in the statement under section 113B(2) or (as the case may be) 116(2), or

(b)ought not to be included in the certificate.

(2)The person may apply in writing to the independent monitor appointed under section 119B for a decision as to whether the information is information which falls within subsection (1)(a) or (b).

(a)the chief officer reasonably believes to be relevant for the purpose described in the statement under section 113B(2) or (as the case may be) 116(2), and

(b)in the chief officer's opinion, ought to be included in the certificate.

(4)In exercising functions under subsection (3), the chief officer concerned must have regard to any guidance for the time being published under section 113B(4A).

(5)If, following a review under subsection (3), the independent monitor considers that any of the information concerned is information which falls within subsection (1)(a) or (b)—

(a)the independent monitor must inform the Department of that fact, and

(b)on being so informed, the Department must issue a new certificate.

(6)In issuing such a certificate, the Department must proceed as if the information which falls within subsection (1)(a) or (b) had not been provided under section 113B(4).

(8)Subsections (10) and (11) of section 113B apply for the purposes of this section as they apply for the purposes of that section.]

Extent Information

E10This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales only

Textual Amendments

F403S. 117A inserted (N.I.) (2.11.2015) by Justice Act (Northern Ireland) 2015 (c. 9), ss. 40(5), 106(2); S.R. 2015/358, art. 2(e)

[F149117BReview of criminal record certificatesNI

Schedule 8A (which provides for an independent review of certain criminal record certificates) has effect.]

Textual Amendments

F149S. 117B inserted (N.I.) (1.3.2016) by Justice Act (Northern Ireland) 2015 (c. 9), ss. 41(2), 106(2); S.R. 2015/418, art. 3(a)

118 Evidence of identity.U.K.

(1)[F150The Secretary of State] [F150DBS] may refuse to issue a certificate under this Part, or to consider [F151an application as mentioned in section 116A(4)(a) or (5)(a) or] an application under section 117 [F152, 117A] [F153or 120], unless the application is supported by such evidence of identity as [F154he] [F154it] may require.

(2)In particular, [F155the Secretary of State] [F155DBS] may refuse to issue a certificate or consider an application unless the applicant—

(a)has his fingerprints taken at such place and in such manner as may be prescribed, and

(b)pays the prescribed fee to such person as may be prescribed.

[F156(2A)For the purpose of verifying evidence of identity supplied in pursuance of subsection (1) [F157the Secretary of State] [F157DBS] may obtain such information as [F158he] [F158it] thinks is appropriate from data held—

(a)by the [F159United Kingdom Passport Agency] [F159Identity and Passport Service];

(b)by the Driver and Vehicle Licensing Agency;

(c)by Driver and Vehicle Licensing Northern Ireland;

(d)by the Secretary of State in connection with keeping records of national insurance numbers;

(e)by such other persons or for such purposes as is prescribed.]

[F160(2B)The Scottish Ministers may require an applicant to have fingerprints taken under subsection (2) only if they are not satisfied by other evidence provided under subsection (1) as to the applicant's identity.]

[F161(3)Regulations dealing with the taking of fingerprints may make provision requiring their destruction in specified circumstances and by specified persons.]

[F161(3)The Scottish Ministers must arrange the destruction of any fingerprints taken in pursuance of subsection (2) as soon as reasonably practicable after they have been used for the purpose mentioned in subsection (1).]

[F162(3A)[F163DBS] by notice given in writing may require a person who has a certificate which is subject to up-date arrangements under section 116A to attend at a place and time specified in the notice to provide fingerprints for the sole purpose of enabling [F163DBS] to verify whether information in the possession of [F163DBS] that [F163DBS] considers may be relevant to the person's certificate does relate to that person.

(3B)If a person fails to comply with a requirement imposed under subsection (3A), [F163DBS] by notice given in writing may inform that person that, from a date specified in the notice, the person's certificate is to cease to be subject to up-date arrangements.]

(4)Regulations prescribing a fee for the purposes of subsection (2)(b) shall make provision for a refund in cases of an application under section 117 [F164or 117A] where a new certificate is issued.

Textual Amendments

F150Words in s. 118(1) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(j) (with Pt. 4)

F151Words in s. 118(1) inserted (E.W.) (17.6.2013) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 109(2)(a) (with s. 97); S.I. 2013/1180, art. 2(e)(ii); and inserted (N.I.) (2.11.2015) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 5 para. 7(2)(a); S.R. 2015/358, art. 2(m)(ii)

F152Word in s. 118(1) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 109(2)(b) (with s. 97); S.I. 2012/2234, art. 2(aa)(vii); and inserted (N.I.) (2.11.2015) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 5 para. 7(2)(b); S.R. 2015/358, art. 2(m)(ii)

F153Words in s. 118(1) inserted (1.7.2005 for S., 1.7.2005 for E.W., 1.4.2008 for N.I.) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 164(2), 178(4)(d)(8); S.S.I. 2005/358, art. 2(c); S.I. 2005/1521, art. 3(3)(a); S.I. 2008/697, art. 2(b)

F154Word in s. 118(1) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 41(a) (with Pt. 4)

F155Words in s. 118(2) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(j) (with Pt. 4)

F156S. 118(2A) inserted (1.7.2005 for S., 1.7.2005 for E.W., 1.4.2008 for N.I.) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 164(3), 178(4)(d)(8); S.S.I. 2005/358, art. 2(c); S.I. 2005/1521, art. 3(3)(a); S.I. 2008/697, art. 2(b)

F157Words in s. 118(2A) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(j) (with Pt. 4)

F158Word in s. 118(2A) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 41(b) (with Pt. 4)

F159Words in s. 118(2A)(a) substituted (S.) (11.1.2008) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), s. 101(2), sch. 4 para. 34(a) (with ss. 90, 99); S.S.I. 2007/564, art. 2, sch.

F160S. 118(2B) inserted (S.) (11.1.2008) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), s. 101(2), sch. 4 para. 34(b) (with ss. 90, 99); S.S.I. 2007/564, art. 2, sch.

F161S. 118(3) substituted (S.) (11.1.2008) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), s. 101(2), sch. 4 para. 34(c) (with ss. 90, 99); S.S.I. 2007/564, art. 2, sch.

F162S. 118(3A)(3B) inserted (E.W.) (17.6.2013) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 109(3) (with s. 97); S.I. 2013/1180, art. 2(e)(ii)

F163Word in s. 118(3A)(3B) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(j) (with Pt. 4)

F164Words in s. 118(4) inserted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 109(4) (with s. 97); S.I. 2012/2234, art. 2(aa)(vii); and inserted (N.I.) (2.11.2015) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 5 para. 7(4); S.R. 2015/358, art. 2(m)(ii)

Commencement Information

I10S. 118 in force at 1.3.2002 for E.W. by S.I. 2002/413, art. 2

S. 118 in force at 25.4.2002 for S. by S.S.I. 2002/124, art. 4

I11S. 118 in force at 1.4.2008 for N.I. by S.I. 2008/692, art. 2(j)

119 Sources of information.U.K.

(1)Any person who holds records of convictions [F165or cautions] [F165, cautions or other information] for the use of police forces generally shall make those records available to [F166the Secretary of State] [F166DBS] [F167for the purposes of an application [F168(whether for a certificate or for registration)] under this Part.] [F167for the purpose of enabling [F169him] [F169it] to carry out [F170his functions under this Part in relation to—

(a)any application for a certificate or for registration; or

(b)the determination of whether a person should continue to be a registered person.]

[F170a relevant function]]

[F171(1ZA)Any person who holds records of convictions or cautions for the use of police forces generally must make those records available to the Disclosure and Barring Service for the purpose of enabling it to carry out its functions under paragraph 1, 2, 7 or 8 of Schedule 1 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007.]

[F172(1A)[F173The Secretary of State may require the [F174Disclosure and Barring Service] to make available specified information for the purpose of enabling the Secretary of State to carry out functions under this Part in relation to—

(a)any application for a certificate or for registration;

[F175(aa)the provision of up-date information under section 116A;] or

(b)the determination of whether a person should continue to be a registered person.]]

[F176(1B)[F177The Secretary of State] [F177DBS] may require the chief officer of a police force to make available such information as [F178he] [F178it] may specify for the purpose of [F179determining, in relation to applications under section 113B, whether the police force is a relevant police force] [F179deciding whether to make a request to that chief officer under section 113B(4)].]

(2)Where the chief officer of a police force receives a request under section [F180113B] or 116 F181... he shall comply with it as soon as practicable.

[F182(2A)Where, in connection with the provision of up-date information under section 116A, the chief officer of a police force receives a request for information of the kind mentioned in section 113B(4), the chief officer of police must comply with it as soon as practicable.]

[F183(2A)But the chief constable of the Police Service of Scotland may provide information mentioned in section 113B(4) relating to a time when the applicant was under 12 years of age only where—

(a)the independent reviewer determines, on a review under section 18 of the Age of Criminal Responsibility (Scotland) Act 2019, that the information ought to be included in the certificate and—

(i)no appeal under section 20 of that Act is taken, or

(ii)such an appeal having been taken, the sheriff confirms the determination under section 20(3)(a), or

(b)the sheriff, on an appeal under section 20, determines under section 20(3)(b) that the information ought to be included in the certificate.]

[F184(2B)Subsection (2A) (as inserted by section 10(1) of the 2019 Act) applies in relation to the following persons as it applies in relation to the chief constable of the Police Service of Scotland—

(a)the chief constable of—

(i)a police force in England and Wales;

(ii)the Police Service of Northern Ireland;

(iii)the Ministry of Defence Police;

(iv)the British Transport Police;

(v)the Civil Nuclear Constabulary;

(b)the Provost Marshal of—

(i)the Royal Navy Police;

(ii)the Royal Military Police;

(iii)the Royal Air Force Police;

(c)the Director General of the National Crime Agency.]

(3)[F185The Secretary of State] [F185DBS] shall pay to the appropriate [F186local policing body or] police authority, F187... [F188such fee as [F189he] [F189the Secretary of State] thinks appropriate] for information provided in accordance with [F190subsection (2)] [F190section 120A(4) or subsection (2) of this section].

(4)Any person who holds records of fingerprints for the use of police forces generally shall make those records available to [F191the Secretary of State] [F191DBS] [F167for the purposes of an application under this Part.] [F167for the purpose of enabling [F192him] [F192it] to carry out [F193his] [F193its] functions under this Part in relation to—

(a)any application for a certificate or for registration;

[F194(aa)any application as mentioned in section 116A(4)(a) or (5)(a);] or

(b)the determination of whether a person should continue to be a registered person.]

[F195(4A)DBS may require the Secretary of State to provide it with the information and advice specified in section 113CD(2) to (6) for the purpose of enabling DBS to carry out its functions under section 113CD.]

[F196(4A)The Department of Justice may provide to the Disclosure and Barring Service any information it holds for the purposes of this Part in order to enable the Disclosure and Barring Service to determine whether, in relation to any person, paragraph 1, 2, 3, 5, 7, 8, 9 or 11 of Schedule 1 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 applies or appears to apply.]

(5)No proceedings shall lie against [F197the Secretary of State] [F197DBS] [F198or the Disclosure and Barring Service] by reason of an inaccuracy in the information made available or provided to [F199him] [F199it] [F200or it] in accordance with this section.

[F201(6)For the purposes of this section references to a police force include any body mentioned in subsections (10)(a) to (i) and (11) of section 113B and references to a chief officer must be construed accordingly.

(7)In the case of such a body the reference in subsection (3) to the appropriate [F202local policing body or] police authority must be construed as a reference to such body as is prescribed.]

[F203(7A)In this section, “independent reviewer” means the independent reviewer appointed under section 12 of the Age of Criminal Responsibility (Scotland) Act 2019.]

[F204(8)In this section a relevant function is a function of [F205the Secretary of State] [F205DBS]—

(a)under this Part in relation to any application for a certificate or for registration;

[F206(aa)under this Part in relation to any request under section 116A(1);]

(b)under this Part in relation to the determination of whether a person should continue to be a registered person;

F207(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)[F208under paragraph 1, 2, 7 or 8 of Schedule 3 to [F209the Safeguarding Vulnerable Groups Act 2006] (considering whether criteria prescribed for the purpose of that paragraph apply to an individual).]]

Textual Amendments

F165Words in s. 119(1) substituted (S.) (28.2.2011) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), ss. 78(3), 101(2) (with ss. 90, 99); S.S.I. 2011/157, art. 2(a) (with art. 3)

F166Words in s. 119(1) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(k) (with Pt. 4)

F167Words in s. 119(1)(4) substituted (E.W.N.I.) (19.6.2001) by 2001 c. 16, s. 134(2)(a); S.I. 2001/2223, art. 2(1)(c)

F168Words in s. 119(1) inserted (S.) (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 70(4), 89(2); S.S.I. 2003/288, art. 2, sch.

F169Word in s. 119(1) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 42(a) (with Pt. 4)

F170Words in s. 119(1) substituted (E.W.N.I.) (12.10.2009 for E.W., 12.10.2009 for N.I.) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 14(7)(a) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2610, art. 2(a) (with arts. 4-23); S.I. 2009/2611, art. 2, Sch.

F171S. 119(1ZA) inserted (N.I.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 52(2) (with Pt. 4)

F172S. 119(1A) substituted (10.9.2012 for E.W.N.I.) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 118; S.I. 2012/2235, art. 2(c)

F173S. 119(1A) omitted (E.W.) (1.12.2012) by virtue of The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 50(2) (with Pt. 4)

F174Words in s. 119(1A) substituted (N.I.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 13(1)(2)(c) (with Pt. 4)

F175S. 119(1A)(aa) inserted (E.W.) (17.6.2013) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 110(2) (with s. 97); S.I. 2013/1180, art. 2(e)(ii)

F176S. 119(1B) inserted (12.10.2009 for E.W., 12.10.2009 for N.I.) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 14(7)(b) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2610, art. 2(a) (with arts. 4-23); S.I. 2009/2611, art. 2, Sch.

F177Words in s. 119(1B) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(k) (with Pt. 4)

F178Word in s. 119(1B) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 42(b) (with Pt. 4)

F179Words in s. 119(1B) substituted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 110(3) (with s. 97); S.I. 2012/2234, art. 2(aa)(viii); and substituted (N.I.) (2.11.2015) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 5 para. 8(3); S.R. 2015/358, art. 2(m)(iii)

F180Word in s. 119(2) substituted (1.4.2006 for S., 6.4.2006 for E.W.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(4)(e)(8), Sch. 14 para. 4(b); S.S.I. 2006/166, art. 2(1)(e); S.I. 2006/378, art. 7(c)

F181Words in s. 119(2) repealed (E.W.N.I.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 40(2), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(i)

F182S. 119(2A) inserted (E.W.) (17.6.2013) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 110(4) (with s. 97); S.I. 2013/1180, art. 2(e)(ii)

F183S. 119(2A) inserted (S.) (30.11.2020) by Age of Criminal Responsibility (Scotland) Act 2019 (asp 7), ss. 10(1)(a), 84(2); S.S.I. 2020/369, reg. 2, sch.

F184S. 119(2B) inserted (17.12.2021) by The Age of Criminal Responsibility (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2021 (S.I. 2021/1458), arts. 1(1), 4(1)

F185Words in s. 119(3) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(k) (with Pt. 4)

F186Words in s. 119(3) inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 223; S.I. 2011/3019, art. 3, Sch. 1

F187Words in s. 119 repealed (3.7.2000) by 1999 c. 29, ss. 325, 423, Sch. 27 para. 112, Sch. 34 Pt. VII (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

F188Words in s. 119(3) substituted (1.7.2005 for E.W., 1.4.2006 for S., 1.4.2008 for N.I.) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 165(1)(a), 178(4)(d)(8); S.I. 2005/1521, art. 3(3)(b); S.S.I. 2006/166, art. 2(1)(c); S.I. 2008/697, art. 2(c)

F189Words in s. 119(3) substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 42(c) (with Pt. 4)

F190Words in s. 119(3) substituted (E.W.N.I.) (19.6.2001) by 2001 c. 16, s. 134(2)(c); S.I. 2001/2223, art. 2(1)(c)

F191Words in s. 119(4) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(k) (with Pt. 4)

F192Word in s. 119(4) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 42(d)(i) (with Pt. 4)

F193Word in s. 119(4) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 42(d)(ii) (with Pt. 4)

F194S. 119(4)(aa) inserted (E.W.) (17.6.2013) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 110(5) (with s. 97); S.I. 2013/1180, art. 2(e)(ii)

F195S. 119(4A) inserted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 50(3) (with Pt. 4)

F196S. 119(4A) inserted (N.I.) (2.11.2015) by Justice Act (Northern Ireland) 2015 (c. 9), ss. 45, 106(2); S.R. 2015/358, art. 2(g)

F197Words in s. 119(5) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(k) (with Pt. 4)

F198Words in s. 119(5) inserted (N.I.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 52(3)(a) (with Pt. 4)

F199Word in s. 119(5) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 42(e) (with Pt. 4)

F200Words in s. 119(5) inserted (N.I.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 52(3)(b) (with Pt. 4)

F201S. 119(6)(7) inserted (1.4.2006 for S., 6.4.2006 for E.W., 1.4.2008 for N.I.) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 165(1)(b), 178(4)(d)(8); S.S.I. 2006/166, art. 2(1)(c); S.I. 2006/378, art. 7(d); S.I. 2008/697, art. 2(c)

F202Words in s. 119(7) inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 223; S.I. 2011/3019, art. 3, Sch. 1

F203S. 119(7A) inserted (S.) (30.11.2020) by Age of Criminal Responsibility (Scotland) Act 2019 (asp 7), ss. 10(1)(b), 84(2); S.S.I. 2020/369, reg. 2, sch.

F204S. 119(8) inserted (E.W.N.I.) (12.10.2009 for E.W., 12.10.2009 for N.I.) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 14(7)(d) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2610, art. 2(a) (with arts. 4-23); S.I. 2009/2611, art. 2, Sch.

F205Words in s. 119(8) substituted (E.W.) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 37(k) (with Pt. 4)

F206S. 119(8)(aa) inserted (E.W.) (17.6.2013) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 110(6) (with s. 97); S.I. 2013/1180, art. 2(e)(ii)

F207S. 119(8)(c) repealed (E.W.N.I.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 40(3)(a), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(i)

F208S. 119(8)(d) omitted (N.I.) (1.12.2012) by virtue of The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 52(4) (with Pt. 4)

F209Words in s. 119(8)(d) substituted (E.W.N.I.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 40(3)(b), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(i)

Modifications etc. (not altering text)

C23S. 119 modified (temp.) (N.I.) (with application in accordance with arts. 2, 5 of the amending Order) by Safeguarding Vulnerable Groups (Regulated Activity, Transitional Provisions and Commencement No. 4) Order (Northern Ireland) 2009 (S.R. 2009/304), art. 8

Commencement Information

I12S. 119 in force at 1.3.2002 for E.W. by S.I. 2002/413, art. 2

S. 119 in force at 25.4.2002 for S. by S.S.I. 2002/124, art. 4

I13S. 119 in force at 1.4.2008 for N.I. by S.I. 2008/692, art. 2(k)

[F210119AFurther sources of information: ScotlandU.K.

(1)Any person who holds, in Scotland, records of convictions [F211or other information] for the use of police forces generally shall make those records available to the Scottish Ministers for the purpose of enabling them to carry out their functions under this Part in relation to the determination of whether a person should continue to be a person registered under section 120.

(2)Where a person holds records of convictions [F212, cautions or other information] for the use of police forces generally (but is not required by subsection (1) or section 119(1) to make those records available to the Scottish Ministers) the Scottish Ministers may request that person to make those records available to them F213... .

(3)In subsection (1), “person” does not include—

(a)a public body; or

(b)a holder of a public office,

unless that person is a Scottish public authority (as defined in section 126(1) of the Scotland Act 1998 (c. 46)).

(4)This section is without prejudice to section 119; and subsection (5) of that section shall apply in relation to records made available in accordance with this section as it does in relation to information made available in accordance with that section.]

Textual Amendments

F210S. 119A inserted (S.) (1.4.2006) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 70(5), 89(2); S.S.I. 2006/168, art. 2

F211Words in s. 119A(1) inserted (S.) (28.2.2011) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), ss. 78(4)(a), 101(2) (with ss. 90, 99); S.S.I. 2011/157, art. 2(a) (with art. 3)

F212Words in s. 119A(2) substituted (S.) (28.2.2011) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), ss. 78(4)(b), 101(2) (with ss. 90, 99); S.S.I. 2011/157, art. 2(a) (with art. 3)

F213Words in s. 119A(2) repealed (S.) (28.2.2011) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), s. 101(2), sch. 4 para. 35 (with ss. 90, 99); S.S.I. 2011/157, art. 2(a) (with art. 3)

[F214119BIndependent monitorE+W+N.I.

(1)There is to be an independent monitor for the purposes of this Part.

(2)The independent monitor is a person appointed by the Secretary of State—

(a)for such period, not exceeding three years, as the Secretary of State decides;

(b)on such terms as the Secretary of State decides.

(3)A person may be appointed for a further period or periods.

(4)The Secretary of State may terminate the appointment of the independent monitor before the end of the period mentioned in subsection (2)(a) by giving the monitor notice of the termination not less than three months before it is to take effect.

[F215(4A)Before appointing a person to be the independent monitor, or terminating the appointment of the independent monitor, the Secretary of State must consult the Department of Justice in Northern Ireland.]

(5)The independent monitor must review—

F216(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Part VU.K. Certificates of Criminal Records, &c.

112 Criminal conviction certificates.U.K.

F10113 Criminal record certificates.U.K.

[F11113AF11Criminal record certificatesE+W

[F11113ACriminal record certificatesN.I.

[F11113ACriminal record certificatesS

113BEnhanced criminal record certificatesE+W

[F11113BEnhanced criminal record certificatesN.I.

[F11[F11113BEnhanced criminal record certificatesS

[F62113BASuitability information relating to childrenE+W+NI

[F331[F402113BAInformation held outside the United KingdomS

[F62113BBSuitability information relating to vulnerable adultsE+W+NI

113BCSuitability information: power to amendE+W+NI

[F70113CASuitability information relating to childrenS

113CBSuitability information relating to protected adultsS

113CCSuitability information: supplementaryS

F91113CCriminal record certificates: suitability relating to childrenU.K.

F91113DCriminal record certificates: suitability relating to adultsU.K.

[F91113ECriminal record certificates: specified children's and adults' lists: urgent casesU.K.

F91113FCriminal record certificates: supplementaryU.K.

114 Criminal record certificates: Crown employment.U.K.

F103115 Enhanced criminal record certificates.E+W+N.I.

F103[F331115 Enhanced criminal record certificates.S

116 Enhanced criminal record certificates: judicial appointments and Crown employment.U.K.

[F116116ZACopies of criminal record certificate or enhanced criminal record certificateS

116ZBApplication for an order for a new criminal record certificate or enhanced criminal record certificateS

[F121116AUp-dating certificatesE+W

117 Disputes about [F127accuracy of certificates] [F127certificates and up-date information].E+W

[F146117AOther disputes about section 113B(4) informationE+W

[F403117AOther disputes about section 113B(4) informationN.I.

[F149117BReview of criminal record certificatesNI

118 Evidence of identity.U.K.

119 Sources of information.U.K.

[F210119AFurther sources of information: ScotlandU.K.

[F214119BIndependent monitorE+W+N.I.