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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)

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) (as amended (coming into force in accordance with art. 1(2)(3) of the amending S.I.) by The Police Act 1997 (Criminal Records) (Guernsey) (Amendment) Order 2012 (S.I. 2012/1762), art. 3)

C6Pt. 5 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. 5 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;

  • [F8conditional 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

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)

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)

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

F10113 Criminal record certificates.U.K.

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

[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; or

    (iii)

    a current conviction;

    (b)

    F25...

    (c)

    a caution given in respect of an offence within subsection (6D) [F26where the person was aged 18 or over on the date it was given];

    (d)

    a current caution.]

[F27(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, F28...

F28(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.]

[F29(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.]

[F30(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 [F31DBS] under subsection (2A).]

F32(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, 27.3.2020 for E.W. for specified purposes and immediately after the coming into force of 2020 c. 7, s. 9(8) for E.W. for further 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; S.I. 2020/357, art. 2

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)

F29S. 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

F32S. 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)

[F11113ACriminal record certificatesN.I.

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

(a)makes an application F13...,

[F346(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.

[F347(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.

F348(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;

  • [F349“relevant matter”, in this section as it has effect in Northern Ireland, means–

    (a)

    in relation to a person who has one conviction only–

    (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; or

    (iii)

    a current conviction;

    (b)

    in relation to any other person, any conviction;

    (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.]

[F350(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;

[F351(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); and

(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).

(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 [F352aged 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.]

[F29(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.]

[F353(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

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, 27.3.2020 for E.W. for specified purposes and immediately after the coming into force of 2020 c. 7, s. 9(8) for E.W. for further 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; S.I. 2020/357, art. 2

F29S. 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

F351S. 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))

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, [F354(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.]

[F355(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.]

F356(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.

[F357(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 [F358, cautions or other information] held for the use of police forces generally as may be prescribed;

  • [F359“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)

    [F360a 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)

    [F361a prescribed court order.]]

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, 27.3.2020 for E.W. for specified purposes and immediately after the coming into force of 2020 c. 7, s. 9(8) for E.W. for further 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; S.I. 2020/357, art. 2

113BEnhanced criminal record certificatesE+W

(1)[F33DBS] must issue an enhanced criminal record certificate to any individual who—

(a)makes an application F34...,

[F35(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 [F36for the purposes of an exempted question asked] for a prescribed purpose.

[F37(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 [F38DBS] electronically by a registered person who satisfies conditions determined by [F38DBS], and

(b)it is transmitted in accordance with requirements determined by [F38DBS].]

(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 [F39DBS] must request any relevant chief officer to provide any information which F40...—

(a)[F41the chief officer reasonably believes to] be relevant for the purpose described in the statement under subsection (2), and

(b)[F42in the chief officer's opinion,] ought to be included in the certificate.

[F43(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.]

F44(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F44(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)[F45DBS] may treat an application under this section as an application under section 113A if in [F46its] opinion the certificate is not required for a purpose prescribed under subsection (2).

(8)If by virtue of subsection (7) [F47DBS] treats an application under this section as an application under section 113A, [F48it] 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;

  • [F49relevant chief officer” means any chief officer of a police force who is identified by [F50DBS] for the purposes of making a request under subsection (4).]

  • F51...

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

[F52(a)the Royal Navy Police;]

(c)the Royal Military Police;

(d)the Royal Air Force Police;

(e)the Ministry of Defence Police;

F53(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F53(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 [F54National 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);

(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).

[F55(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 [F56DBS] under subsection (2A).]

F57(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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, 27.3.2020 for E.W. for specified purposes and immediately after the coming into force of 2020 c. 7, s. 9(8) for E.W. for further 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; S.I. 2020/357, art. 2

F35S. 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)

F36Words 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.

F40Words 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)

F41Words 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)

F42Words 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)

F43S. 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)

F44S. 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)

F49Words 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)

F51Words 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)

F52S. 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)

F53S. 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)

F54Words 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)

F57S. 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)

[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 F34...,

[F362(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 [F36for the purposes of an exempted question asked] for a prescribed purpose.

[F363(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 [F364any relevant chief officer] to provide any information which F365... —

(a)[F366the chief officer reasonably believes to] be relevant for the purpose described in the statement under subsection (2), and

(b)[F367in the chief officer's opinion,] ought to be included in the certificate.

[F368(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.]

F369(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F369(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;

  • [F370relevant 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);]

  • F371...

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

[F52(a)the Royal Navy Police;]

(c)the Royal Military Police;

(d)the Royal Air Force Police;

(e)the Ministry of Defence Police;

F53(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F53(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 [F54National 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);

(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).

[F372(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

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, 27.3.2020 for E.W. for specified purposes and immediately after the coming into force of 2020 c. 7, s. 9(8) for E.W. for further 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; S.I. 2020/357, art. 2

F36Words 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.

F52S. 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)

F53S. 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)

F54Words 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)

F364Words 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)

F366Words 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)

F367Words 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)

F370Words 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)

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 F34..., 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), [F373(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.]

[F374(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 F375...—

[F376(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.]

[F377(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).]

F378(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F379(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) F380...]

F381(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;

  • 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—

[F52(a)the Royal Navy Police;]

(c)the Royal Military Police;

(d)the Royal Air Force Police;

(e)the Ministry of Defence Police;

F53(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F53(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 [F54National 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);

(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

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, 27.3.2020 for E.W. for specified purposes and immediately after the coming into force of 2020 c. 7, s. 9(8) for E.W. for further 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; S.I. 2020/357, art. 2

F52S. 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)

F53S. 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)

F54Words 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)

[F58113BASuitability 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;

F59(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F59(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F59(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F60(e)whether the applicant is subject to a direction under [F61section 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 [F62in 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

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, 27.3.2020 for E.W. for specified purposes and immediately after the coming into force of 2020 c. 7, s. 9(8) for E.W. for further 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; S.I. 2020/357, art. 2

F58Ss. 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.

F59S. 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)

F60S. 113BA(2)(e) inserted (12.10.2009 for W., 8.9.2014 for E.) by Education and Inspections Act 2006 (c. 40), ss. 170(2), 188(3); S.I. 2009/2545, art. 3(1)(b); S.I. 2014/2380, art. 2

Modifications etc. (not altering text)

F11[F382113BAInformation 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

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, 27.3.2020 for E.W. for specified purposes and immediately after the coming into force of 2020 c. 7, s. 9(8) for E.W. for further 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; S.I. 2020/357, art. 2

[F58113BBSuitability 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;

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

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

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

(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

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, 27.3.2020 for E.W. for specified purposes and immediately after the coming into force of 2020 c. 7, s. 9(8) for E.W. for further 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; S.I. 2020/357, art. 2

F58Ss. 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. 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)

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 [F64;

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

[F65(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

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, 27.3.2020 for E.W. for specified purposes and immediately after the coming into force of 2020 c. 7, s. 9(8) for E.W. for further 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; S.I. 2020/357, art. 2

F58Ss. 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.

F64S. 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)

[F66113CASuitability 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;

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

[F68(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;

[F69(fa)if a sexual harm prevention order, made under section 103A of the Sexual Offences Act 2003 [F70or 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) [F71of 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) [F72of 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;]

(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;

[F73(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;]

(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;

(l)if a risk of sexual harm order, made under section 2(6) of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, 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 2(7)(b) of that Act; and

(iv)details as to whether that order has been varied or renewed under section 4(3) of that Act;

(m)if an interim risk of sexual harm order, made under section 5(3) of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, 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 5(5) of that Act; and

(iv)details as to whether that order has been varied or renewed under section 5(6) of that Act.]

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, 27.3.2020 for E.W. for specified purposes and immediately after the coming into force of 2020 c. 7, s. 9(8) for E.W. for further 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; S.I. 2020/357, art. 2

F66Ss. 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)

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;

F74(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F75(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;

[F76(fa)if a sexual harm prevention order, made under section 103A of the Sexual Offences Act 2003 [F77or 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) [F78of 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) [F79of 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;]

(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;

[F80(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;]

(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;

(l)if a risk of sexual harm order, made under section 2(6) of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, 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 2(7)(b) of that Act; and

(iv)details as to whether that order has been varied or renewed under section 4(3) of that Act;

(m)if an interim risk of sexual harm order, made under section 5(3) of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, 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 5(5) of that Act; and

(iv)details as to whether that order has been varied or renewed under section 5(6) of that Act.]

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, 27.3.2020 for E.W. for specified purposes and immediately after the coming into force of 2020 c. 7, s. 9(8) for E.W. for further 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; S.I. 2020/357, art. 2

F66Ss. 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)

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

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, 27.3.2020 for E.W. for specified purposes and immediately after the coming into force of 2020 c. 7, s. 9(8) for E.W. for further 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; S.I. 2020/357, art. 2

F66Ss. 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)

F81113CCriminal record certificates: suitability relating to childrenU.K.

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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, 27.3.2020 for E.W. for specified purposes and immediately after the coming into force of 2020 c. 7, s. 9(8) for E.W. for further 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; S.I. 2020/357, art. 2

F81Ss. 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)

F81113DCriminal record certificates: suitability relating to adultsU.K.

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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, 27.3.2020 for E.W. for specified purposes and immediately after the coming into force of 2020 c. 7, s. 9(8) for E.W. for further 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; S.I. 2020/357, art. 2

F81Ss. 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)

[F81113ECriminal 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)[F82The Secretary of State] [F82DBS] 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)[F83The Secretary of State] [F83DBS] 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

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, 27.3.2020 for E.W. for specified purposes and immediately after the coming into force of 2020 c. 7, s. 9(8) for E.W. for further 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; S.I. 2020/357, art. 2

F81Ss. 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)

Modifications etc. (not altering text)

F81113FCriminal record certificates: supplementaryU.K.

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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, 27.3.2020 for E.W. for specified purposes and immediately after the coming into force of 2020 c. 7, s. 9(8) for E.W. for further 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; S.I. 2020/357, art. 2

F81Ss. 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)

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

(1)[F84The Secretary of State] [F84DBS] shall issue a criminal record certificate to any individual who—

(a)makes an application under this section F85...,

[F86(aa)is aged 16 or over at the time of making the application,]

[F87(aa)except in prescribed circumstances, is aged 16 or over at the time of making the application,] and

[F88(b)pays any fee that is payable in relation to the application under regulations made by the Secretary of State.]

[F88(b)pays in the prescribed manner any prescribed fee]

(2)An application under this section must be accompanied by a statement by [F89a Minister of the Crown] [F89a 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.

[F90(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)[F91[F92Section 113A(3) to (6)]] [F91Sections 113A(3) to (6), 120AC and 120AD] shall apply in relation to this section with any necessary modifications.

Textual Amendments

F86S. 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)

F91Words 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)

F92Words 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)

F93115 Enhanced criminal record certificates.E+W+N.I.

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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

F93115 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

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

(1)[F94The Secretary of State] [F94DBS] shall issue an enhanced 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, or a person nominated by a 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—

(a)a judicial appointment, or

(b)an appointment by or under the Crown to a position [F100to which subsection (3) or (4) of section 115 applies] [F100of such description as may be prescribed].

[F101(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)[F102Sections 113B(3) to (11) [F103and [F104113BA to 113BC]] [F103, 113BA to 113BC, 120AC and 120AD] [F105113CA to 113CC]] shall apply in relation to this section with any necessary modifications.

Textual Amendments

F96S. 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)

F100Words 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

F102Words 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)

F103Words 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)

F104Words 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.

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)

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)

[F106116ZACopies 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 [F107which falls within subsection (1A)].

[F108(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 [F109which 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).

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 [F110which 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).]

[F111116AUp-dating certificatesE+W

(1)[F112DBS] 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)[F113DBS] 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 [F114DBS] for the certificate to be subject to up-date arrangements,

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

(c)[F114DBS] 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 [F115DBS] 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)[F115DBS] 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)[F116DBS] 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).]

117 Disputes about [F117accuracy of certificates] [F117certificates 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 [F118in writing] to [F119the Secretary of State] [F119DBS] for a new certificate.

[F120(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 [F121DBS] for a decision as to whether or not the information is inaccurate.]

[F122(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.]

[F123(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 [F124DBS] for corrected up-date information.]

(2)[F125The Secretary of State] [F125DBS] shall consider any application under this section; and where [F126he] [F126it] is of the opinion that the information in the certificate is inaccurate [F127, or that the wrong up-date information has been given,] [F126he] [F126it] shall issue a new certificate [F128or (as the case may be) corrected up-date information].

[F129(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.]

[F130(3)[F131Subject 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).

[F132(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.]

[F133(4)The Scottish Ministers, on receiving [F134a 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.]]

[F135(5)This section does not apply to any information which could be the subject of an application under section 116ZB(2).]

Textual Amendments

F117Words 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)

F120S. 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)

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)

[F136117AOther 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 [F137DBS] of that fact, and

(b)on being so informed, [F137DBS] must issue a new certificate.

(6)In issuing such a certificate, [F138DBS] 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

F136S. 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)

[F383117AOther 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).

(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 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).

(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

E10This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales only

Textual Amendments

[F139117BReview of criminal record certificatesNI

Schedule 8A (which provides for an independent review of certain criminal record certificates) has effect.]

Textual Amendments

118 Evidence of identity.U.K.

(1)[F140The Secretary of State] [F140DBS] may refuse to issue a certificate under this Part, or to consider [F141an application as mentioned in section 116A(4)(a) or (5)(a) or] an application under section 117 [F142, 117A] [F143or 120], unless the application is supported by such evidence of identity as [F144he] [F144it] may require.

(2)In particular, [F145the Secretary of State] [F145DBS] 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.

[F146(2A)For the purpose of verifying evidence of identity supplied in pursuance of subsection (1) [F147the Secretary of State] [F147DBS] may obtain such information as [F148he] [F148it] thinks is appropriate from data held—

(a)by the [F149United Kingdom Passport Agency] [F149Identity 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.]

[F150(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.]

[F151(3)Regulations dealing with the taking of fingerprints may make provision requiring their destruction in specified circumstances and by specified persons.]

[F151(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).]

[F152(3A)[F153DBS] 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 [F153DBS] to verify whether information in the possession of [F153DBS] that [F153DBS] 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), [F153DBS] 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 [F154or 117A] where a new certificate is issued.

Textual Amendments

F141Words 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)

F142Word 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)

F143Words 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)

F153Word 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)

F154Words 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 [F155or cautions] [F155, cautions or other information] for the use of police forces generally shall make those records available to [F156the Secretary of State] [F156DBS] [F157for the purposes of an application [F158(whether for a certificate or for registration)] under this Part.] [F157for the purpose of enabling [F159him] [F159it] to carry out [F160his 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.]

[F160a relevant function]]

[F161(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.]

[F162(1A)[F163The Secretary of State may require the [F164Disclosure 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;

[F165(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.]]

[F166(1B)[F167The Secretary of State] [F167DBS] may require the chief officer of a police force to make available such information as [F168he] [F168it] may specify for the purpose of [F169determining, in relation to applications under section 113B, whether the police force is a relevant police force] [F169deciding 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 [F170113B] or 116 F171... he shall comply with it as soon as practicable.

[F172(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.]

[F173(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.]

(3)[F174The Secretary of State] [F174DBS] shall pay to the appropriate [F175local policing body or] police authority, F176... [F177such fee as [F178he] [F178the Secretary of State] thinks appropriate] for information provided in accordance with [F179subsection (2)] [F179section 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 [F180the Secretary of State] [F180DBS] [F157for the purposes of an application under this Part.] [F157for the purpose of enabling [F181him] [F181it] to carry out [F182his] [F182its] functions under this Part in relation to—

(a)any application for a certificate or for registration;

[F183(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.]

[F184(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.]

[F185(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 [F186the Secretary of State] [F186DBS] [F187or the Disclosure and Barring Service] by reason of an inaccuracy in the information made available or provided to [F188him] [F188it] [F189or it] in accordance with this section.

[F190(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 [F191local policing body or] police authority must be construed as a reference to such body as is prescribed.]

[F192(7A)In this section, “independent reviewer” means the independent reviewer appointed under section 12 of the Age of Criminal Responsibility (Scotland) Act 2019.]

[F193(8)In this section a relevant function is a function of [F194the Secretary of State] [F194DBS]

(a)under this Part in relation to any application for a certificate or for registration;

[F195(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;

F196(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)[F197under paragraph 1, 2, 7 or 8 of Schedule 3 to [F198the Safeguarding Vulnerable Groups Act 2006] (considering whether criteria prescribed for the purpose of that paragraph apply to an individual).]]

Textual Amendments

F157Words 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)

F158Words 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.

F160Words 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.

F162S. 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)

F171Words 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)

F177Words 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)

F179Words 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)

F193S. 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.

F196S. 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)

F198Words 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 (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)

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)

[F199119AFurther sources of information: ScotlandU.K.

(1)Any person who holds, in Scotland, records of convictions [F200or 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 [F201, 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 F202... .

(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.]

[F203119BIndependent 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.

[F204(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—

F205(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)a sample of cases in which a certificate issued under section 113B has included information in pursuance of subsection (4)(b) of that section;

(c)a sample of cases in which the chief officer of a police force has decided that information must not be included in a certificate or report in pursuance of section 113B(4)(b) [F206or disclosed in pursuance of section 113B(5)(c) and (6)(b)];

[F207(ca)a sample of cases in which the chief officer of a police force has decided that information should be disclosed or not disclosed to [F208DBS] for the purpose of the provision by [F208DBS] of up-date information under section 116A.]

F209(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F209(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)The purpose of a review under subsection (5) is to ensure compliance with Article 8 of the European Convention of Human Rights.

(7)The independent monitor must in relation to each year make a report to the Secretary of State about the performance of police forces in exercising their functions under this Part.

(8)The independent monitor may make recommendations to the Secretary of State as to—

(a)any guidance issued by the Secretary of State or which the monitor thinks it would be appropriate for the Secretary of State to issue;

(b)any changes to any enactment which the monitor thinks may be appropriate.

[F210(8A)The independent monitor has the functions conferred on the monitor by section 117A.]

[F211(8A)The independent monitor has the functions conferred on the monitor by section 117A.]

(9)The chief officer of a police force must provide to the independent monitor such information as the monitor reasonably requires in connection with the exercise of his functions under this section [F212or section 117A].]

Textual Amendments

F205S. 119B(5)(a) 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. 111(2), Sch. 10 Pt. 6 (with s. 97); S.I. 2012/2234, art. 2(aa)(cc)(ix); and repealed (N.I.) (2.11.2015) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 5 para. 9(2), Sch. 9 Pt. 3; S.R. 2015/358, art. 2(m)(iv)

F206Words in s. 119B(5)(c) 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. 111(3), Sch. 10 Pt. 6 (with s. 97); S.I. 2012/2234, art. 2(aa)(cc)(ix)

F208Word in s. 119B(5)(ca) 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(l) (with Pt. 4)

F209S. 119B(5)(d)(e) 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. 41, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(i)

F210S. 119B(8A) 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. 111(5) (with s. 97); S.I. 2012/2234, art. 2(aa)(ix)

F212Words in s. 119B(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), s. 120, Sch. 9 para. 111(6) (with s. 97); S.I. 2012/2234, art. 2(aa)(ix); and inserted (N.I.) (2.11.2015) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 5 para. 9(6); S.R. 2015/358, art. 2(m)(iv)

120 Registered persons.E+W

(1)For the purposes of this Part a registered person is a person who is listed in a register to be maintained by [F213DBS] for the purposes of this Part.

[F214(2)[F215DBS] shall include in the register any person who—

(a)applies to [F216it] in writing to be registered, [F217and]

(b)satisfies the conditions in subsections (4) to (6), F218...

F218(c)...]

[F219(2A)Subsection (2) is subject to—

(a)regulations under section 120ZA,

(b)section 120A, and

(c)section 120AA and regulations made under that section.]

F220(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)A person applying for registration under this section must be—

(a)a body corporate or unincorporate,

(b)a person [F221who is] appointed to an office by virtue of any enactment [F222and who, in the case of an individual, is aged 18 or over], or

(c)an individual [F223aged 18 or over] who employs others in the course of a business.

(5)A body applying for registration under this section must satisfy [F224DBS] that it—

(a)is likely to ask exempted questions, or

(b)is likely to [F225act as the registered person in relation to] applications under section [F226113A or 113B] at the request of bodies or individuals asking exempted questions.

(6)A person, other than a body, applying for registration under this section must satisfy [F227DBS] that he is likely to ask exempted questions.

(7)In this section “exempted question” has the same meaning as in section [F228113A].

Extent Information

E3This version of this provision extends to England and Wales only; separate versions have been created for Scotland and Northern Ireland only

Textual Amendments

F213Words in s. 120(1) substituted (E.W.) (1.12.2012) by