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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) 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

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 partly in force; s. 112 not in force at Royal Assent, see s. 135(1); s. 112 in force for S. at 31.7.2002 by S.S.I. 2002/124, art. 5

I2S. 112 in force at 1.4.2008 for N.I. by S.I. 2008/692, art. 2(a)

Marginal Citations

F10113 Criminal record certificates.U.K.

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

[F11113ACriminal record certificatesU.K.

(1)[F12The Secretary of State] [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 [F16the Secretary of State] [F16DBS] electronically by a registered person who satisfies conditions determined by [F16the Secretary of State] [F16DBS], and

(b)it is transmitted in accordance with requirements determined by [F16the Secretary of State] [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, [F17or

(b)states that there is no such matter.]

[F17(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.]

(4)[F18The Secretary of State] [F18DBS] must send a copy of a criminal record certificate to [F19the registered person who countersigned] [F19whoever acted as the registered person in relation to] the application.

(5)[F20The Secretary of State] [F20DBS] may treat an application under this section as an application under section 113B if—

(a)in [F21his] [F21its] opinion the certificate is required for a purpose prescribed under subsection (2) of that section,

(b)the registered person provides [F22him] [F22it] with the statement required by that subsection, and

(c)the applicant consents and pays to [F20the Secretary of State] [F20DBS] 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.

[F23(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 [F24and cautions] [F24, cautions or other information] held for the use of police forces generally as may be prescribed;

  • exempted question” means a question [F25which—

    (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; [F26and—

    (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;]

  • relevant matter” means—

    (a)

    a conviction within the meaning of the Rehabilitation of Offenders Act 1974, including a spent conviction, [F27and]

    (b)

    a caution [F28, including a caution that is spent for the purposes of Schedule 2 to that Act] [F29but excluding a disregarded caution within the meaning of Chapter 4 of Part 5 of the Protection of Freedoms Act 2012] [F30and

    (c)

    a prescribed court order.]

[F31(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.]

[F32(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 [F33the Secretary of State] [F33DBS] under subsection (2A).]

F34(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.) 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)

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)

F29Words in s. 113A(6) inserted (E.W.) (1.10.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 135 (with s. 97); S.I. 2012/2234, art. 3(o)

F31S. 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

F34S. 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)

Commencement Information

I3S. 113A in force at 1.4.2008 for N.I. by S.I. 2008/692, art. 2(b)

113BEnhanced criminal record certificatesU.K.

(1)[F35The Secretary of State] [F35DBS] must issue an enhanced criminal record certificate to any individual who—

(a)makes an application F36...,

[F37(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 [F38for the purposes of an exempted question asked] for a prescribed purpose.

[F39(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 [F40the Secretary of State] [F40DBS] electronically by a registered person who satisfies conditions determined by [F40the Secretary of State] [F40DBS], and

(b)it is transmitted in accordance with requirements determined by [F40the Secretary of State] [F40DBS].]

(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), [F41or

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

[F41(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.]

(4)Before issuing an enhanced criminal record certificate [F42the Secretary of State] [F42DBS] must request [F43the chief officer of every relevant police force] [F43any relevant chief officer] to provide any information which [F44, in the chief officer's opinion]

(a)[F45might] [F45the chief officer reasonably believes to] be relevant for the purpose described in the statement under subsection (2), and

(b)[F46in the chief officer's opinion,] ought to be included in the certificate.

[F47(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.]

(5)[F48The Secretary of State must also request the chief officer of every relevant police force to provide any information which, in the chief officer's opinion—

(a)might be relevant for the purpose described in the statement under subsection (2),

(b)ought not to be included in the certificate, in the interests of the prevention or detection of crime, and

(c)can, without harming those interests, be disclosed to the registered person.]

[F49(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) or (5).]

(6)[F48The Secretary of State must send to [F50the registered person who countersigned] [F50whoever acted as the registered person in relation to] the application—

(a)a copy of the enhanced criminal record certificate, and

(b)any information provided in accordance with subsection (5).]

(7)[F51The Secretary of State] [F51DBS] may treat an application under this section as an application under section 113A if in [F52his] [F52its] opinion the certificate is not required for a purpose prescribed under subsection (2).

(8)If by virtue of subsection (7) [F53the Secretary of State] [F53DBS] treats an application under this section as an application under section 113A, [F54he] [F54it] 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;

  • [F55relevant chief officer” means any chief officer of a police force who is identified by [F56DBS] for the purposes of making a request under subsection (4).]

  • [F57relevant 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—

[F58(a)the Royal Navy Police;]

(c)the Royal Military Police;

(d)the Royal Air Force Police;

(e)the Ministry of Defence Police;

(f)the National Criminal Intelligence Service;

(g)the National Crime Squad;

(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 Serious Organised 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).

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

(a)countersigns the application, or

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

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

Textual Amendments

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.) 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)

F37S. 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)

F38Words 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.

F43Words in s. 113B(4) 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)(a), 120 (with s. 97); S.I. 2012/2234, art. 2(u)

F44Words 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)

F45Words 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)

F46Words 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)

F47S. 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)

F48S. 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) 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)

F55Words 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)

F57Words 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)

F58S. 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)

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

Modifications etc. (not altering text)

Commencement Information

I4S. 113B in force at 1.4.2008 for N.I. by S.I. 2008/692, art. 2(c)

[F62113BASuitability information relating to childrenE+W+NI

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

(2)Suitability information relating to children is—

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

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

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

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

[F64(e)whether the applicant is subject to a direction under section 167A of the Education Act 2002 (prohibition on participation in management of independent school).]

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

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

Textual Amendments

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

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

Modifications etc. (not altering text)

[F292113BAInformation 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.]

[F62113BBSuitability information relating to vulnerable adultsE+W+NI

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

(2)Suitability information relating to vulnerable adults is —

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

F65(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F65(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F65(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

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

F65S. 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 [F66;

(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

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

F66S. 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)

[F67113CASuitability 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;

F68(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F69(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;

(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;

(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.]

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;

F70(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F71(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;

(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;

(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.]

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

F67Ss. 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)

F72113CCriminal record certificates: suitability relating to childrenU.K.

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

Textual Amendments

F72Ss. 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)

F72113DCriminal record certificates: suitability relating to adultsU.K.

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

Textual Amendments

F72Ss. 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)

F73[F72113ECriminal 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)[F74The Secretary of State] [F74DBS] 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)[F75The Secretary of State] [F75DBS] 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

F72Ss. 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)

F73Ss. 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.) 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)

Modifications etc. (not altering text)

F72113FCriminal record certificates: supplementaryU.K.

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

Textual Amendments

F72Ss. 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)[F76The Secretary of State] [F76DBS] shall issue a criminal record certificate to any individual who—

(a)makes an application under this section F77...,

[F78(aa)is aged 16 or over at the time of making the application,] and

(b)[F79pays any fee that is payable in relation to the application under regulations made by the Secretary of State.]

[F79pays in the prescribed manner any prescribed fee]

(2)An application under this section must be accompanied by a statement by [F80a Minister of the Crown] [F80a 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.

[F81(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)[F82[F83Section 113A(3) to (6)]] [F82Sections 113A(3) to (6), 120AC and 120AD] shall apply in relation to this section with any necessary modifications.

Textual Amendments

F78S. 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)

F82Words 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)

F83Words 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

I5S. 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

I6S. 114 in force at 1.4.2008 for N.I. by S.I. 2008/692, art. 2(g)

F84115 Enhanced criminal record certificates.E+W+N.I.

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

Extent Information

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

Textual Amendments

F84115 Enhanced criminal record certificates.S

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

Extent Information

E5This 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)[F85The Secretary of State] [F85DBS] shall issue an enhanced criminal record certificate to any individual who—

(a)makes an application under this section F86...,

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

(b)[F88pays any fee that is payable in relation to the application under regulations made by the Secretary of State.]

[F88pays 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, or a person nominated by a 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—

(a)a judicial appointment, or

(b)an appointment by or under the Crown to a position [F90to which subsection (3) or (4) of section 115 applies] [F90of such description as may be prescribed].

[F91(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)[F92Sections 113B(3) to (11) and [F93[F94113BA to 113BC]] [F93, 113BA to 113BC, 120AC and 120AD] [F95113CA to 113CC]] shall apply in relation to this section with any necessary modifications.

Textual Amendments

F87S. 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)

F90Words 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

F92Words 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)

F93Words 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)

F94Words 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)

C18S. 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

I7S. 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

I8S. 116 in force at 1.4.2008 for N.I. by S.I. 2008/692, art. 2(h)

117 Disputes about accuracy of certificates.U.K.

(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 [F96in writing] to [F97the Secretary of State] [F97DBS] for a new certificate.

[F98(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 [F99DBS] for a decision as to whether or not the information is inaccurate.]

(2)[F100The Secretary of State] [F100DBS] shall consider any application under this section; and where [F101he] [F101it] is of the opinion that the information in the certificate is inaccurate [F101he] [F101it] shall issue a new certificate.

[F102(3)An application under this section may, in particular, request a review of any information contained in a certificate by virtue of section 113B(4).

(4)The Scottish Ministers, on receiving such a request, must ask the chief officer of the relevant police force who provided that information to reconsider whether the chief officer still thinks that the information concerned might be relevant for the purpose in respect of which it was requested.]

Textual Amendments

F98S. 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

I9S. 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

I10S. 117 in force at 1.4.2008 for N.I. by S.I. 2008/692, art. 2(i)

[F103117AOther 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 [F104DBS] of that fact, and

(b)on being so informed, [F104DBS] must issue a new certificate.

(6)In issuing such a certificate, [F105DBS] 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.]

Textual Amendments

F103S. 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)

118 Evidence of identity.U.K.

(1)[F106The Secretary of State] [F106DBS] may refuse to issue a certificate under this Part, or to consider an application under section 117 [F107, 117A] [F108or 120], unless the application is supported by such evidence of identity as [F109he] [F109it] may require.

(2)In particular, [F110the Secretary of State] [F110DBS] 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.

[F111(2A)For the purpose of verifying evidence of identity supplied in pursuance of subsection (1) [F112the Secretary of State] [F112DBS] may obtain such information as [F113he] [F113it] thinks is appropriate from data held—

(a)by the [F114United Kingdom Passport Agency] [F114Identity 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.]

[F115(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.]

[F116(3)Regulations dealing with the taking of fingerprints may make provision requiring their destruction in specified circumstances and by specified persons.]

[F116(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).]

(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 [F117or 117A] where a new certificate is issued.

Textual Amendments

F107Word 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)

F108Words 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)

F117Words 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)

Commencement Information

I11S. 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

I12S. 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 [F118or cautions] [F118, cautions or other information] for the use of police forces generally shall make those records available to [F119the Secretary of State] [F119DBS] [F120for the purposes of an application [F121(whether for a certificate or for registration)] under this Part.] [F120for the purpose of enabling [F122him] [F122it] to carry out [F123his 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.]

[F123a relevant function]]

[F124(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.]

[F125(1A)[F126The Secretary of State may require the [F127Disclosure 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; or

(b)the determination of whether a person should continue to be a registered person.]]

[F128(1B)[F129The Secretary of State] [F129DBS] may require the chief officer of a police force to make available such information as [F130he] [F130it] may specify for the purpose of [F131determining, in relation to applications under section 113B, whether the police force is a relevant police force] [F131deciding 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 [F132113B] or 116 F133... he shall comply with it as soon as practicable.

(3)[F134The Secretary of State] [F134DBS] shall pay to the appropriate [F135local policing body or] police authority, F136... [F137such fee as [F138he] [F138the Secretary of State] thinks appropriate] for information provided in accordance with [F139subsection (2)] [F139section 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 [F140the Secretary of State] [F140DBS] [F120for the purposes of an application under this Part.] [F120for the purpose of enabling [F141him] [F141it] to carry out [F142his] [F142its] 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.]

[F143(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.]

(5)No proceedings shall lie against [F144the Secretary of State] [F144DBS] [F145or the Disclosure and Barring Service] by reason of an inaccuracy in the information made available or provided to [F146him] [F146it] [F147or it] in accordance with this section.

[F148(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 [F149local policing body or] police authority must be construed as a reference to such body as is prescribed.]

[F150(8)In this section a relevant function is a function of [F151the Secretary of State] [F151DBS]

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

(b)under this Part in relation to the determination of whether a person should continue to be a registered person;

F152(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)[F153under paragraph 1, 2, 7 or 8 of Schedule 3 to [F154the Safeguarding Vulnerable Groups Act 2006] (considering whether criteria prescribed for the purpose of that paragraph apply to an individual).]]

Textual Amendments

F120Words 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)

F121Words 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.

F123Words 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.

F125S. 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)

F131Words in s. 119(1B) substituted (E.W.) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 110(3) (with s. 97); S.I. 2012/2234, art. 2(aa)(viii)

F133Words 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)

F137Words 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)

F139Words 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)

F150S. 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.

F152S. 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)

F154Words 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)

C21S. 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

I13S. 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

I14S. 119 in force at 1.4.2008 for N.I. by S.I. 2008/692, art. 2(k)

[F155119AFurther sources of information: ScotlandU.K.

(1)Any person who holds, in Scotland, records of convictions [F156or 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 [F157, 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 F158... .

(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.]

[F159119BIndependent 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.

[F160(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—

(a)[F161all cases in which information is disclosed to a registered person in pursuance of section 113B(6)(b);]

(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) [F162or disclosed in pursuance of section 113B(5)(c) and (6)(b)];

F163(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F163(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.

[F164(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 [F165or section 117A].]

Textual Amendments

F161S. 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)

F162Words 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)

F163S. 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)

F164S. 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)

F165Words 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)

120 Registered persons.E+W+N.I.

(1)For the purposes of this Part a registered person is a person who is listed in a register to be maintained by [F166the Secretary of State] [F166DBS] for the purposes of this Part.

[F167(2)[F168Subject to regulations under section 120ZA and 120AA and to section 120A the] [F169[F168The] Secretary of State] [F169DBS] shall include in the register any person who—

(a)applies to [F170him] [F170it] in writing to be registered, [F171and]

(b)satisfies the conditions in subsections (4) to (6), [F172and

(c)has not in the period of two years ending with the date of the application been removed from the register under section 120A or 120AA.]]

[F173(2A)Subsection (2) is subject to—

(a)regulations under section 120ZA,

(b)section 120A, and

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

F174(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(a)a body corporate or unincorporate,

(b)a person [F175who is] appointed to an office by virtue of any enactment [F176and who, in the case of an individual, is aged 18 or over], or

(c)an individual [F177aged 18 or over] who employs others in the course of a business.

(5)A body applying for registration under this section must satisfy [F178the Secretary of State] [F178DBS] that it—

(a)is likely to ask exempted questions, or

(b)is likely to [F179countersign] [F179act as the registered person in relation to] applications under section [F180113A 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 [F181the Secretary of State] [F181DBS] that he is likely to ask exempted questions.

(7)In this section “exempted question” has the same meaning as in section [F182113A].

Textual Amendments

F168Word in s. 120(2) 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. 112(2)(a) (with s. 97); S.I. 2012/2234, art. 2(aa)(x)

F171Word in s. 120(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), s. 120, Sch. 9 para. 112(2)(b) (with s. 97); S.I. 2012/2234, art. 2(aa)(x)

F172S. 120(2)(c) and word 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. 112(2)(c), Sch. 10 Pt. 6 (with s. 97); S.I. 2012/2234, art. 2(aa)(cc)(x)

F173S. 120(2A) 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. 112(3) (with s. 97); S.I. 2012/2234, art. 2(aa)(x)

F175Words in s. 120(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. 80(2)(a)(i), 120 (with s. 97); S.I. 2012/2234, art. 2(s) (with art. 5)

F176Words in s. 120(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. 80(2)(a)(ii), 120 (with s. 97); S.I. 2012/2234, art. 2(s) (with art. 5)

F177Words in s. 120(4)(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), ss. 80(2)(b), 120 (with s. 97); S.I. 2012/2234, art. 2(s) (with art. 5)

F180Words in s. 120(5)(b) substituted (1.4.2006 for S., 6.4.2006 for E.W., 3.12.2007 for N.I.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(4)(e)(8), Sch. 14 para. 6(b); S.S.I. 2006/166, art. 2(1)(e); S.I. 2006/378, art. 7(c); S.I. 2007/3341, art. 2(d)

Modifications etc. (not altering text)

C22This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only

Commencement Information

I15S. 120(3) in force for E.W. at 19.3.2001 and s. 120(1)(2)(4)-(7) in force for E.W. at 1.5.2001 by S.I. 2001/1097, art. 2

S. 120(3) in force for S. at 1.1.2002 and s. 120(1)(2)(4)-(7) in force for S. at 1.2.2002 by S.S.I. 2001/482, art. 2

I16S. 120 in force at 3.12.2007 for N.I. by S.I. 2007/3342, art. 2(a)

120 Registered persons.S

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

(2)Subject to [F293sections 120ZB and 120A], the Secretary of State shall include in the register any person who applies to him F294... to be registered and satisfies the conditions in subsections (4) to (6).

F295(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(a)a body corporate or unincorporate,

(b)a person appointed to an office by virtue of any enactment, or

(c)an individual who employs others in the course of a business.

(5)A body applying for registration under this section must satisfy the Secretary of State that it—

(a)is likely to ask exempted questions, or

(b)is likely to [F296

(i)countersign applications under section 113A or 113B; or

(ii)make declarations in relation to disclosure requests made under section 52 or 53 of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14),]

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 the Secretary of State that he is likely to ask exempted questions.

(7)In this section “exempted question” has the same meaning as in section [F182113A].

Extent Information

E6This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland only

Textual Amendments

Commencement Information

I36S. 120(3) in force at 19.3.2001 for E.W. and s. 120(1)(2)(4)-(7) in force at 1.5.2001 for E.W. by S.I. 2001/1097, art. 2

S. 120(3) in force at 1.1.2002 for S. and s. 120(1)(2)(4)-(7) in force at 1.2.2002 for S. by S.S.I. 2001/482, art. 2

[F183120ZARegulations about registrationE+W

(1)The Secretary of State may by regulations make further provision about registration.

(2)Regulations under this section may in particular make provision for—

(a)the payment of fees,

(b)the information to be included in the register,

(c)the registration of any person to be subject to conditions,

(d)the nomination by—

(i)a body corporate or unincorporate, or

(ii)a person appointed to an office by virtue of any enactment,

of the individuals authorised to act for it or, as the case may be, him in relation to the countersigning of applications under this Part [F184or the transmitting of applications under section 113A(2A) or 113B(2A)], and

(e)the refusal by [F185the Secretary of State] [F185DBS], on such grounds as may be specified in or determined under the regulations, to accept or to continue to accept the nomination of a person as so authorised.

(3)The provision which may be made by virtue of subsection (2)(c) includes provision—

(a)for the registration or continued registration of any person to be subject to prescribed conditions or, if the regulations so provide, such conditions as [F186the Secretary of State] [F186DBS] thinks fit, and

(b)for [F186the Secretary of State] [F186DBS] to vary or revoke those conditions.

(4)The conditions imposed by virtue of subsection (2)(c) may in particular include conditions—

(a)requiring a registered person, before [F187he countersigns] [F187acting as the registered person in relation to] an application at an individual’s request, to verify the identity of that individual in the prescribed manner,

(b)requiring an application under section [F188113A or 113B] to be transmitted by electronic means to [F189the Secretary of State] [F189DBS] by the [F190registered person who countersigns it] [F190person who acts as the registered person in relation to the application], and

(c)requiring a registered person to comply with any code of practice for the time being in force under section 122.]

Textual Amendments

F188Words in s. 120ZA(4)(b) substituted (6.4.2006 for E.W., 3.12.2007 for N.I.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(4)(e)(8), Sch. 14 para. 7; S.S.I. 2006/166, art. 2(1)(e); S.I. 2006/378, art. 7(c); S.I. 2007/3341, art. 2(d)

Commencement Information

I17S. 120ZA in force at 3.12.2007 for N.I. by S.I. 2007/3342, art. 2(b)

[F191120ZBRegulations about registrationS

(1)The Scottish Ministers may by regulations make further provision about registration.

(2)Regulations under this section may in particular make provision for—

(a)the payment of fees;

(b)the information to be included in the register;

(c)the registration of any person to be subject to conditions;

(d)the nomination by—

(i)a body corporate or unincorporated; or

(ii)a person appointed to an office by virtue of an enactment, whether that body or person is registered or applying to be registered,

of an individual to act for the body or, as the case may be, person in relation to disclosure applications;

(e)the refusal by the Scottish Ministers, on such grounds as may be specified in or determined under the regulations, to accept or to continue to accept any nomination made by virtue of this section;

(f)the refusal by the Scottish Ministers to include persons who, in the opinion of the Scottish Ministers, are likely to act in relation to fewer disclosure applications in any period of 12 months than a minimum number specified in the regulations;

(g)the removal from the register of persons who have, in any period of 12 months during which they were registered, acted in relation to fewer disclosure applications than the minimum number specified under paragraph (f);

(h)the removal from the register of persons who are, in the opinion of the Scottish Ministers, no longer likely to wish to act in relation to disclosure applications;

(i)the removal from the register of any person who has breached any condition of the person's registration; and

(j)the period which must elapse before any person refused registration or removed from the register may apply to be included in the register.

[F192(2A)The provision which may be made by virtue of subsection (2)(a) includes in particular provision for—

(a)the payment of fees in respect of applications to be listed in the register,

(b)the payment of different fees in different circumstances,

(c)annual or other recurring fees to be paid in respect of registration, and

(d)such annual or other recurring fees to be paid in advance or in arrears.

(2B)Where provision is made under subsection (2)(a) for a fee to be charged in respect of an application to be listed in the register, the Scottish Ministers need not consider the application unless the fee is paid.]

(3)The provision which may be made by virtue of subsection (2)(c) includes provision—

(a)for the registration or continued registration of any person to be subject to prescribed conditions or, if the regulations so provide, such conditions as the Scottish Ministers think fit; and

(b)for the Scottish Ministers to vary or revoke those conditions.

(4)In subsection (2), references to acting in relation to disclosure applications are to be read as references to—

(a)countersigning applications under section 113A or 113B; or

(b)making declarations in relation to requests for disclosures under section 52 or 53 of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14).]

[F193120A Refusal and cancellation of registration [F194on grounds related to disclosure] E+W+N.I.

(1)[F195The Secretary of State] [F195DBS] may refuse to include a person in the register maintained for the purposes of this Part if it appears to [F196him] [F196it] that the registration of that person is likely to make it possible for information to become available to an individual who, in [F195The Secretary of State's] [F195DBS's] opinion, is not a suitable person to have access to that information.

(2)[F197The Secretary of State] [F197DBS] may remove a person from the register if it appears to [F197the Secretary of State] [F197DBS]

(a)that the registration of that person is likely to make it possible for information to become available to an individual who, in [F197the Secretary of State's] [F197DBS's] opinion, is not a suitable person to have access to that information; or

(b)that the registration of that person has resulted in information becoming known to such an individual.

(3)In determining for the purposes of this section whether an individual is a suitable person to have access to any information, [F198the Secretary of State] [F198DBS] may have regard, in particular, to—

(a)any information relating to that person which concerns a relevant matter;

[F199(b)any information relating to the person of a kind specified in subsection (3A);]

(c)any information provided to [F198the Secretary of State] [F198DBS] under subsection (4).

[F200(3A)The information is—

(a)whether the person is barred from regulated activity;

F201(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F201(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)whether the person is subject to a direction under section 167A of the Education Act 2002 (prohibition on participation in management of independent school).

F202(3B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F202(3C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3D)Expressions used in [F203subsection (3A)] and in the Safeguarding Vulnerable Groups Act 2006 have the same meaning in [F204that subsection] as in that Act F205....]

(4)It shall be the duty of the chief officer of any police force to comply, as soon as practicable after receiving it, with any request by [F206the Secretary of State] [F206DBS] to provide [F206the Secretary of State] [F206DBS] with information which—

(a)is available to the chief officer;

(b)relates to—

(i)an applicant for registration;

(ii)a registered person; or

(iii)an individual who is likely to have access to information in consequence of [F207the countersigning of applications by a particular applicant for registration or by a particular registered person] [F207a particular applicant for registration, or a particular registered person, acting as the registered person in relation to applications under this Part];

and

(c)concerns a matter which [F206the Secretary of State] [F206DBS] has notified to the chief officer to be a matter which, in the opinion of [F206the Secretary of State] [F206DBS], is relevant to the determination of the suitability of individuals for having access to the information that may be provided in consequence of [F208the countersigning of] [F208a person acting as the registered person in relation to] applications under this Part.

(5)In this section “relevant matter” has the same meaning as in section [F209113A].

[F210(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.]

[F211(7)The Secretary of State may by order made by statutory instrument amend subsection (3A) for the purpose of altering the information specified in that subsection.

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

Extent Information

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

Textual Amendments

F193S. 120A inserted (E.W.N.I.) (19.6.2001) by 2001 c. 16, s. 134(1); S.I. 2001/2223, art. 2(1)(c)

F194Words in s. 120A inserted (6.4.2006 for E.W., 3.12.2007 for N.I.) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 35 para. 8; S.I. 2006/751, art. 2(c)(ii); S.I. 2007/3340, art. 2(b)

F199S. 120A(3)(b) substituted (10.9.2012 for E.W.N.I.) by Policing and Crime Act 2009 (c. 26), ss. 96(2), 116(1); S.I. 2012/2235, art. 2(a)

F200S. 120A(3A)-(3D) inserted (10.9.2012 for E.W.N.I.) by Policing and Crime Act 2009 (c. 26), ss. 96(3), 116(1); S.I. 2012/2235, art. 2(a)

F201S. 120A(3A)(b)(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. 42(2), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(i)

F202S. 120A(3B)(3C) 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. 42(3), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(i)

F203Words in s. 120A(3D) 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. 42(4)(a) (with s. 97); S.I. 2012/2234, art. 2(aa)(i)

F204Words in s. 120A(3D) 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. 42(4)(b) (with s. 97); S.I. 2012/2234, art. 2(aa)(i)

F205Words in s. 120A(3D) 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. 42(4)(c), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(i)

F211S. 120A(7)(8) inserted (10.9.2012 for E.W.N.I.) by Policing and Crime Act 2009 (c. 26), ss. 96(4), 116(1); S.I. 2012/2235, art. 2(a)

Modifications etc. (not altering text)

C25S. 120A(3) applied (13.8.2001) by S.I. 2001/1194, reg. 3A(4) (as inserted by S.I. 2001/2498, reg. 2(3))

Commencement Information

I18S. 120A in force at 3.12.2007 for N.I. by S.I. 2007/3342, art. 2(c)

[F297120ARefusal and cancellation of registration: ScotlandS

(1)The Scottish Ministers may refuse to include a person in, or may remove a person from, a register maintained under section 120 for the purposes of this Part if it appears to them that the registration of that person is likely to make it possible for information to become available to an individual who, in their opinion, is not a suitable person to have access to that information.

(2)The Scottish Ministers may also remove a person from any such register if it appears to them that the registration of that person has resulted in information becoming known to such an individual.

(3)In determining, for the purposes of this section, whether an individual is a suitable person to have access to information, the Scottish Ministers may have regard, in particular, to—

(a)any information relating to the individual which concerns a relevant matter (“relevant matter” having the same meaning as in section [F298113A]);

(b)whether that person is [F299barred from regulated work with children or adults (within the meaning of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14))];

(c)any information provided to them under subsection (4);

(d)any information provided to them by the chief officer of a police force in England and Wales or Northern Ireland in response to a request by them for such information as is available to that officer, relates to any such matter as is mentioned in paragraph (b) of subsection (4) and concerns such matter as is mentioned in paragraph (c) of that subsection;

(e)anything which has been done—

(i)under subsection (1) or (2) or section 122(3); or

(ii)in England and Wales or Northern Ireland under the provisions of this Act which apply in England and Wales or Northern Ireland and correspond to subsection (1) or (2),

and any information on the basis of which that thing was done.

(4)A chief constable of a police force in Scotland shall comply, as soon as practicable after receiving it, with any request by the Scottish Ministers to provide them with information which—

(a)is available to him;

(b)relates to—

(i)an applicant for registration under section 120;

(ii)a person so registered;

(iii)an individual who is likely to have access to information in consequence of the countersigning of applications [F300, or the making of declarations,] by a particular applicant for such registration or by a particular person so registered; and

(c)concerns a matter which they have notified the chief constable is a matter which in their opinion is relevant to the determination of the suitability of individuals for having access to information which may be provided by virtue of this Part.

(5)The Scottish Ministers shall pay to a police authority [F301such fee as they consider appropriate].

[F302(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.]

[F303(7)In the case of such a body the reference in subsection (5) to a police authority must be construed as a reference to such body as is prescribed.]]

Extent Information

E7This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

Modifications etc. (not altering text)

[F212120AARefusal, cancellation or suspension of registration on other groundsU.K.

(1)Regulations may make provision enabling [F213the Secretary of State] [F213DBS] in prescribed cases to refuse to register a person who, in the opinion of [F213the Secretary of State] [F213DBS], is likely to [F214countersign] [F214act as the registered person in relation to] fewer applications under this Part in any period of twelve months than a prescribed minimum number.

(2)Subsection (3) applies where a registered person—

(a)is, in the opinion of [F215the Secretary of State] [F215DBS], no longer likely to wish to [F216countersign] [F216act as the registered person in relation to] applications under this Part,

(b)has, in any period of twelve months during which he was registered, [F217countersigned] [F217acted as the registered person in relation to] fewer applications under this Part than the minimum number specified in respect of him by regulations under subsection (1), or

(c)has failed to comply with any condition of his registration.

(3)Subject to section 120AB, [F218the Secretary of State] [F218DBS] may—

(a)suspend that person’s registration for such period not exceeding 6 months as [F218the Secretary of State] [F218DBS] thinks fit, or

(b)remove that person from the register.

[F219(4)Subsection (6) applies if an application is made under section 120 by an individual who—

(a)has previously been a registered person; and

(b)has been removed from the register (otherwise than at that individual's own request).

(5)Subsection (6) also applies if an application is made under section 120 by a body corporate or unincorporate which—

(a)has previously been a registered person; and

(b)has been removed from the register (otherwise than at its own request).

(6)[F220The Secretary of State] [F220DBS] may refuse the application.]

Textual Amendments

F212Ss. 120AA, 120AB inserted (6.4.2006 for E.W., 3.12.2007 for N.I.) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 35 para. 9; S.I. 2006/751, art. 2(c)(ii); S.I. 2007/3340, art. 2(b)

F219S. 120AA(4)-(6) 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. 81, 120 (with s. 97); S.I. 2012/2234, art. 2(t)

Commencement Information

I19S. 120AA in force at 3.12.2007 for N.I. by S.I. 2007/3342, art. 2(d)

120ABProcedure for cancellation or suspension under section 120AAU.K.

(1)Before cancelling or suspending a person’s registration by virtue of section 120AA, [F221the Secretary of State] [F221DBS] must send [F222him] [F222its] written notice of his intention to do so.

(2)Every such notice must—

(a)give [F223the Secretary of State’s] [F223DBS's] reasons for proposing to cancel or suspend the registration, and

(b)inform the person concerned of his right under subsection (3) to make representations.

(3)A person who receives such a notice may, within 21 days of service, make representations in writing to [F224the Secretary of State] [F224DBS] as to why the registration should not be cancelled or suspended.

(4)After considering such representations, [F225the Secretary of State] [F225DBS] must give the registered person written notice—

(a)that at the end of a further period of six weeks beginning with the date of service, the person’s registration will be cancelled or suspended, or

(b)that [F226he] [F226it] does not propose to take any further action.

(5)If no representations are received within the period mentioned in subsection (3) [F227the Secretary of State] [F227DBS] may cancel or suspend the person’s registration at the end of the period mentioned in that subsection.

(6)Subsection (1) does not prevent [F228the Secretary of State] [F228DBS] from imposing on the registered person a lesser sanction than that specified in the notice under that subsection.

(7)Any notice under this section that is required to be given in writing may be given by being transmitted electronically.

(8)This section does not apply where—

(a)[F229the Secretary of State] [F229DBS] is satisfied, in the case of a registered person other than a body, that the person has died or is incapable, by reason of physical or mental impairment, of [F230countersigning] [F230acting as the registered person in relation to] applications under this Part, or

(b)the registered person has requested to be removed from the register.

(9)The Secretary of State may by regulations amend subsection (4)(a) by substituting for the period there specified, such other period as may be specified in the regulations.]

Textual Amendments

F212Ss. 120AA, 120AB inserted (6.4.2006 for E.W., 3.12.2007 for N.I.) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 35 para. 9; S.I. 2006/751, art. 2(c)(ii); S.I. 2007/3340, art. 2(b)

Commencement Information

I20S. 120AB in force at 3.12.2007 for N.I. by S.I. 2007/3342, art. 2(e)

[F231120ACRegistered persons: information on progress of an applicationE+W

(1)[F232DBS] must, in response to a request from a person who is acting as the registered person in relation to an application under section 113A or 113B, inform that person whether or not a certificate has been issued in response to the application.

(2)Subsections (3) and (4) apply if, at the time a request is made under subsection (1), a certificate has been issued.

(3)In the case of a certificate under section 113A, if it was a certificate stating that there is no relevant matter recorded in central records, [F233DBS] may inform the person who made the request that the certificate was such a certificate.

(4)In the case of a certificate under section 113B, if it was a certificate—

(a)stating that there is no relevant matter recorded in central records and no information provided in accordance with subsection (4) of that section, and

(b)if section 113BA(1) or 113BB(1) applies to the certificate, containing no suitability information indicating that the person to whom the certificate is issued—

(i)is barred from regulated activity relating to children or to vulnerable adults, or

(ii)is subject to a direction under 128 of the Education and Skills Act 2008 or section 167A of the Education Act 2002,

[F234DBS] may inform the person who made the request that the certificate was such a certificate.

(5)If no certificate has been issued, [F235DBS] must inform the person who made the request of such other matters relating to the processing of the application as [F235DBS] considers appropriate.

(6)Subject to subsections (2) to (4), nothing in this section permits [F236DBS] to inform a person who is acting as the registered person in relation to an application under section 113A or 113B of the content of any certificate issued in response to the application.

(7)[F237DBS] may refuse a request under subsection (1) if it is made after the end of a prescribed period beginning with the day on which the certificate was issued.

(8)In this section—

  • central records” and “relevant matter” have the same meaning as in section 113A,

  • suitability information” means information required to be included in a certificate under section 113B by virtue of section 113BA or 113BB.

(9)Expressions in subsection (4)(b) and in the Safeguarding Vulnerable Groups Act 2006 have the same meaning in that paragraph as in that Act.

Textual Amendments

F231Ss. 120AC, 120AD 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) for specified purposes) by Protection of Freedoms Act 2012 (c. 9), ss. 79(3), 120 (with s. 97); S.I. 2012/2234, art. 2(r)

120ADRegistered persons: copies of certificates in certain circumstancesE+W

(1)Subsection (2) applies if—

(a)[F238DBS] gives up-date information in relation to a criminal record certificate or enhanced criminal record certificate,

(b)the up-date information is advice to apply for a new certificate or (as the case may be) request another person to apply for such a certificate, and

(c)the person whose certificate it is in respect of which the up-date information is given applies for a new criminal record certificate or (as the case may be) enhanced criminal record certificate.

(2)[F239DBS] must, in response to a request made within the prescribed period by the person who is acting as the registered person in relation to the application, send to that person a copy of any certificate issued in response to the application if the registered person—

(a)has counter-signed the application or transmitted it to [F239DBS] under section 113A(2A) or 113B(2A),

(b)has informed [F239DBS] that the applicant for the new certificate has not, within such period as may be prescribed, sent a copy of it to a person of such description as may be prescribed, and

(c)no prescribed circumstances apply.

(3)The power under subsection (2)(b) to prescribe a description of person may be exercised to describe the registered person or any other person.

(4)In this section “up-date information” has the same meaning as in section 116A.]

Textual Amendments

F231Ss. 120AC, 120AD 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) for specified purposes) by Protection of Freedoms Act 2012 (c. 9), ss. 79(3), 120 (with s. 97); S.I. 2012/2234, art. 2(r)

121 Performance by constables on central service in Scotland of functions under this Part.U.K.

[F240In Scotland a constable engaged on central service (within the meaning of section 38 of the M2Police (Scotland) Act 1967) may perform functions under this Part (other than functions [F241 in relation to the making of regulations or orders]) on behalf of the Secretary of State; and without prejudice to the application of subsection (5) of section 119 in respect of any other person performing functions on behalf of the Secretary of State, that subsection shall apply in respect of any constable performing functions by virtue of this section as the subsection applies in respect of the Secretary of State.]

Textual Amendments

Commencement Information

I21S. 121 in force at 1.3.2002 for E.W. by S.I. 2002/413, art. 2

S. 121 in force at 25.4.2002 for S. by S.S.I. 2002/124, art. 4

Marginal Citations

122 Code of practice.E+W+N.I.

(1)The Secretary of State shall publish, and may from time to time revise, a code of practice in connection with the use of information provided to [F242, or the discharge of any function by,] registered persons under this Part.

(2)The Secretary of State shall lay before Parliament the code of practice under this section as soon as practicable after publication and after revision.

(3)[F243Subsection (3A) applies if [F244the Secretary of State] [F244DBS] thinks that the [F245registered person who countersigned] [F245person who acted as the registered person in relation to] an application for a certificate under section 113A or 113B]

(a)has failed to comply with the code of practice under this section, or

(b)[F246countersigned] [F246acted as the registered person] at the request of a body which, or individual who, has failed to comply with the code of practice.

[F247(3A)[F248The Secretary of State] [F248DBS] may—

(a)refuse to issue the certificate;

(b)suspend the registration of the person;

(c)cancel the registration of the person.

(3B)Section 120AB applies if [F249the Secretary of State] [F249DBS] proposes to suspend or cancel a person's registration under subsection (3A) above as it applies if [F250he] [F250it] proposes to suspend or cancel a person's registration by virtue of section 120AA.]

Extent Information

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

Textual Amendments

F242Words in s. 122(1) inserted (E.W.N.I.) (20.1.2009) by Safeguarding Vulnerable Groups Act 2006 (c. 47), ss. 29(2), 65 (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/39, art. 2(1)(d)

F243Words in s. 122(3) substituted (E.W.N.I.) (20.1.2009) by Safeguarding Vulnerable Groups Act 2006 (c. 47), ss. 29(3), 65 (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/39, art. 2(1)(d)

F247S. 122(3A)(3B) inserted (E.W.N.I.) (20.1.2009) by Safeguarding Vulnerable Groups Act 2006 (c. 47), ss. 29(4), 65 (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/39, art. 2(1)(d)

Commencement Information

I22S. 122(1)(2) in force at 19.3.2001 for E.W. by S.I. 2001/1097, art. 2(1); s. 122(3) in force at 1.3.2002 for E.W. by S.I. 2002/413, art. 2

S. 122(1)(2) in force at 1.1.2002 for S. by S.S.I. 2001/482, art. 2(1); s. 122(3) in force at 25.4.2002 for S. by S.S.I. 2002/124, art. 4

I23S. 122 in force at 3.12.2007 for N.I. by S.I. 2007/3342, art. 2(f)

122 Code of practice.S

(1)The Secretary of State shall publish, and may from time to time revise, a code of practice in connection with the use of information provided to [F304, or the discharge of any function by,] registered persons under this Part.

(2)The Secretary of State shall lay before Parliament the code of practice under this section as soon as practicable after publication and after revision.

(3)The Secretary of State may refuse to issue a certificate under section [F305113A or 113B] [F306, or make a disclosure under section 52 or 53 of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14),] if he believes that the registered person who countersigned the application [F307or, as the case may be, made the declaration in relation to the disclosure request]

(a)has failed to comply with the code of practice under this section, or

(b)countersigned [F308or, as the case may be, made the declaration] acted as the registered person at the request of a body which, or individual who, has failed to comply with the code of practice.

[F309(4)Where the Scottish Ministers have reason to believe that—

(a)a registered person; or

(b)a body or individual at whose request a registered person

[F310(i)]has countersigned or is likely to countersign an application under section [F311113A or 113B] [F312; or

(ii)has made or is likely to make a declaration in relation to a disclosure request made under section 52 or 53 of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14)]

has failed to comply with the code of practice, they may remove the registered person from the register or impose conditions on him as respects his continuing to be listed in the register.]

Extent Information

E8This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland only

Textual Amendments

F310S. 122(4)(b)(i): words in s. 122(4)(b) renumbered as s. 122(4)(b)(i) (S.) (28.2.2011) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), s. 101(2), sch. 4 para. 39(b)(i) (with ss. 90, 99); S.S.I. 2011/157, art. 2(a) (with art. 4)

Commencement Information

I22S. 122(1)(2) in force at 19.3.2001 for E.W. by S.I. 2001/1097, art. 2(1); s. 122(3) in force at 1.3.2002 for E.W. by S.I. 2002/413, art. 2

S. 122(1)(2) in force at 1.1.2002 for S. by S.S.I. 2001/482, art. 2(1); s. 122(3) in force at 25.4.2002 for S. by S.S.I. 2002/124, art. 4

I23S. 122 in force at 3.12.2007 for N.I. by S.I. 2007/3342, art. 2(f)

[F251122ADelegation of functions of Secretary of StateE+W+N.I.

[F252(1)The Secretary of State may, to such extent and subject to such conditions as he thinks fit, delegate any relevant function of his under this Part to such person as he may determine.

(2)A function is relevant for the purposes of subsection (1) if it does not consist of a power—

(a)to make regulations, or

(b)to publish or revise a code of practice or to lay any such code before Parliament.

(3)A delegation under subsection (1) may be varied or revoked at any time.]]

Textual Amendments

Commencement Information

I24S. 122A in force at 3.12.2007 for N.I. by S.I. 2007/3342, art. 2(g)

[F253122BDelegation of functions of Scottish MinistersS

(1)The Scottish Ministers may, to such extent and subject to such conditions as they think appropriate, delegate any of their functions under this Part (other than excepted functions) to such person as they may determine.

(2)An excepted function is a function—

(a)relating to the making of regulations or orders;

(b)relating to the publishing or revising of a code of practice;

(c)relating to the laying of a code of practice before the Scottish Parliament;

(d)relating to the determination of an appropriate fee under section 113B(5A) or 119(3); or

(e)under section 125A.

(3)A delegation under subsection (1) may be varied or revoked at any time.

(4)No proceedings are competent against a person performing functions delegated under this section by reason of an inaccuracy in the information made available or provided to the person in accordance with section 119.]

123 Offences: falsification, &c.U.K.

(1)A person commits an offence if, with intent to deceive, he—

(a)makes a false certificate under this Part,

(b)alters a certificate under this Part,

(c)uses a certificate under this Part which relates to another person in a way which suggests that it relates to himself, or

(d)allows a certificate under this Part which relates to him to be used by another person in a way which suggests that it relates to that other person.

(2)A person commits an offence if he knowingly makes a false statement for the purpose of obtaining, or enabling another person to obtain, a certificate under this Part.

(3)A person who is guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.

Commencement Information

I25S. 123 in force at 1.3.2002 for E.W. by S.I. 2002/413, art. 2

S. 123 in force at 25.4.2002 for S. by S.S.I. 2002/124, art. 4

I26S. 123 in force at 3.12.2007 for N.I. by S.I. 2007/3342, art. 2(h)

124 Offences: disclosure.U.K.

(1)A member, officer or employee of a body registered under section 120 commits an offence if he discloses information provided following an application under section [F254113A or 113B] unless he discloses it, in the course of his duties,—

(a)to another member, officer or employee of the registered body,

(b)to a member, officer or employee of a body at the request of which the registered body [F255countersigned] [F255acted as the registered person in relation to] the application, or

(c)to an individual at whose request the registered body [F255countersigned] [F255acted as the registered person in relation to] the relevant application.

(2)Where information is provided under section [F256113A or 113B] following an application [F257countersigned] [F257in relation to which the person who acted as the registered person did so] at the request of a body which is not registered under section 120, a member, officer or employee of the body commits an offence if he discloses the information unless he discloses it, in the course of his duties, to another member, officer or employee of that body.

(3)Where information is provided under section [F258113A or 113B] following an application [F259countersigned by or at the request of an individual] [F259in relation to which an individual acted as the registered person, or in relation to which the person who acted as the registered person did so at the request of an individual]

(a)the individual commits an offence if he discloses the information unless he discloses it to an employee of his for the purpose of the employee’s duties, and

(b)an employee of the individual commits an offence if he discloses the information unless he discloses it, in the course of his duties, to another employee of the individual.

(4)Where information provided under section [F260113A or 113B] is disclosed to a person and the disclosure—

(a)is an offence under this section, or

(b)would be an offence under this section but for subsection [F261(5) or] (6)(a), (d), (e) or (f),

the person to whom the information is disclosed commits an offence (subject to [F262subsections (5) and (6)] [F262subsection (6)]) if he discloses it to any other person.

(5)[F263Subsections (1) to (4) do not apply to a disclosure of information provided in accordance with section [F264113B(5)] which is made with the written consent of the chief officer who provided the information.]

(6)Subsections (1) to (4) do not apply to a disclosure of information contained in a certificate under section [F265113A or 113B] which is made—

(a)with the written consent of the applicant for the certificate, or

(b)to a government department, or

(c)to a person appointed to an office by virtue of any enactment, or

(d)in accordance with an obligation to provide information under or by virtue of any enactment, or

(e)for the purposes of answering an exempted question (within the meaning of section [F266113A]) of a kind specified in regulations made by the Secretary of State, or

(f)for some other purpose specified in regulations made by the Secretary of State.

(7)A person who is guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 3 on the standard scale, or to both.

Textual Amendments

F261Words in s. 124(4)(b) 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. 115(2)(a), Sch. 10 Pt. 6 (with s. 97); S.I. 2012/2234, art. 2(aa)(cc)(x)

F262Words in s. 124(4)(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), s. 120, Sch. 9 para. 115(2)(b) (with s. 97); S.I. 2012/2234, art. 2(aa)(x)

F263S. 124(5) 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. 115(3), Sch. 10 Pt. 6 (with s. 97); S.I. 2012/2234, art. 2(aa)(cc)(x)

F266Word in s. 124(6)(e) substituted (1.4.2006 for S., 6.4.2006 for E.W., 3.12.2007 for N.I.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(4)(e)(8), Sch. 14 para. 12(c); S.S.I. 2006/166, art. 2(1)(e); S.I. 2006/378, art. 7(c); S.I. 2007/3341, art. 2(d)

Commencement Information

I27S. 124 in force at 1.3.2002 for E.W. by S.I. 2002/413, art. 2

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

I28S. 124 in force at 3.12.2007 for N.I. by S.I. 2007/3342, art. 2(i)

[F267124AFurther offences: disclosure of information obtained in connection with delegated functionE+W+N.I.

(1)Any person who is engaged in the discharge of functions conferred by this Part on [F268the Secretary of State] [F268DBS] commits an offence if he discloses information which has been obtained by him in connection with those functions and which relates to a particular person unless he discloses the information, in the course of his duties,—

(a)to another person engaged in the discharge of those functions,

(b)to the chief officer of a police force in connection with a request under this Part to provide information to [F268the Secretary of State] [F268DBS], or

(c)to an applicant or registered person who is entitled under this Part to the information disclosed to him.

(2)Where information is disclosed to a person and the disclosure—

(a)is an offence under subsection (1), or

(b)would be an offence under subsection (1) but for subsection (3)(a), (d) or (e),

the person to whom the information is disclosed commits an offence if he discloses it to any other person.

(3)Subsection (1) does not apply to a disclosure of information which is made—

(a)with the written consent of the person to whom the information relates,

(b)to a government department,

(c)to a person appointed to an office by virtue of any enactment,

(d)in accordance with an obligation to provide information under or by virtue of any enactment, or

(e)for some other purpose specified in regulations made by the Secretary of State.

(4)A person who is guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 3 on the standard scale, or to both.

(5)In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003, the reference in subsection (4) to 51 weeks is to be read as a reference to 6 months.

[F269(6)For the purposes of this section the reference to a police force includes any body mentioned in subsections (10)(a) to (i) and (11) of section 113B and the reference to a chief officer must be construed accordingly.]

[F270(6A)For the purposes of this section the reference to an applicant includes a person who makes a request under section 116A(1), 120AC(1) or 120AD(2).]]

Extent Information

E4This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only

Textual Amendments

F270S. 124A(6A) 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. 116(3) (with s. 97); S.I. 2012/2234, art. 2(aa)(xi)

Commencement Information

I29S. 124A in force at 3.12.2007 for N.I. by S.I. 2007/3342, art. 2(j)

[F271124AReview of certain decisions as to registrationS

(1)Where the Scottish Ministers decide to refuse to include a person in the register maintained for the purposes of this Part or, other than by virtue of [F313section 120ZB(2)(h)], to remove him from that register they shall notify him in writing of that decision and of their reason for so deciding and shall send a copy of that notification to the Secretary of State.

(2)If the person considers that the information upon which the decision was based may have been inaccurate he may, by written notice to the Scottish Ministers setting out his reason for so considering, require them to review the decision; and they shall notify him in writing of the results of their review and of any consequential change in the decision and shall send a copy of—

(a)the notice; and

(b)the notification,

to the Secretary of State.

(3)Any notification given by the Scottish Ministers under subsection (1) or (2) shall include information as to the provisions of any regulations made under [F314section 120ZB(2)(j)].

(4)The Scottish Ministers may, for the purposes of this section, make regulations as to procedure; and such regulations may, in particular, make provision in relation to—

(a)information to be included in any notification under subsection (1) or (2); and

(b)the period within which—

(i)a requirement may be made under subsection (2); or

(ii)a decision under subsection (1) is to be implemented.]

Extent Information

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

Textual Amendments

F271Ss. 124A, 124B inserted (S.) (1.4.2006 for the insertion of s. 124A) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 70(8), 89(2); S.S.I. 2006/168, art. 2

[F271124BScottish annotated list of certificated personsU.K.

(1)The Scottish Ministers shall maintain an annotated list for the purposes of this Part and shall include in that list all persons to whom a criminal record certificate, or as the case may be an enhanced criminal record certificate, has been issued under any of sections 113 to 116 of this Act.

(2)The Scottish Ministers may make regulations about the maintenance of the list; and such regulations may, in particular, provide for—

(a)the information to be included in the list;

(b)the details to be provided, for the purposes of this section, by persons applying to be issued a criminal record certificate or enhanced criminal record certificate or countersigning any such application;

(c)the procedure to be followed as respects the exercise of such discretion as is afforded them by subsection (3).

(3)The Scottish Ministers may, as respects a person included in the list, if they are satisfied that it is appropriate to do so, notify the registered person who countersigned his application for the certificate in question (or on whose behalf that application was countersigned) or whomever else made the requisite statement which accompanied that application, about any relevant matter relating to the listed person (“relevant matter” having the same meaning as in section 113(5)) of which they become aware after issuing that certificate.

(4)The Scottish Ministers are not to be satisfied as is mentioned in subsection (3) unless they are satisfied that the exempted question for the purpose of which the certificate was required remains relevant for the person to whom notification would, under that subsection, be given.

(5)Regulations under paragraph (c) of subsection (2)—

(a)shall provide for there to be an opportunity for a listed person to make representations as respects whether the Scottish Ministers should be satisfied as is mentioned in subsection (3) and require them to have regard to those representations before giving notification under that subsection; and

(b)may require the person who would receive that notification (not being a person who is a Minister of the Crown) to provide them with such information as is in his possession and to which it would be appropriate for them to have regard as respects the exercise of the discretion mentioned in that paragraph.]

Textual Amendments

F271Ss. 124A, 124B inserted (S.) (1.4.2006 for the insertion of s. 124A) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 70(8), 89(2); S.S.I. 2006/168, art. 2

125 Regulations.U.K.

(1)Anything authorised or required by any provision of this Part to be prescribed shall be prescribed by regulations made by the Secretary of State.

(2)Regulations under this Part shall be made by statutory instrument.

F272(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)A statutory instrument F273... shall be subject to annulment pursuant to a resolution of either House of Parliament.

(5)Regulations under this Part may make different provision for different cases.

[F274(6)If the power mentioned in subsection (1) is exercised by the Scottish Ministers, the reference in [F275subsection (3)][F275subsection (4)] to each House of Parliament must be construed as a reference to the Scottish Parliament.]

Textual Amendments

Commencement Information

I30S. 125 in force at 19.3.2001 for E.W. by S.I. 2001/1097, art. 2(1)

S. 125 in force at 1.1.2002 for S. by S.S.I. 2001/482, art. 2(1)

I31S. 125 in force at 3.12.2007 for N.I. by S.I. 2007/3342, art. 2(k)

[F276125AForm of applicationsS

(1)It is for the Scottish Ministers to determine the form and manner in which applications must be made for the purposes of sections 112(1)(a), 113A(1)(a), 113B(1)(a), 114(1)(a), 116(1)(a), 117(1), and 120(2).

(2)The Scottish Ministers may, in particular, determine that such applications may be made in electronic form (and may be signed or countersigned electronically).

(3)The Scottish Ministers need not consider any such application unless it is made in the form and manner determined by them (or in a form and manner as close to that as circumstances permit).]

Textual Amendments

[F277125BForm of applicationsE+W+N.I.

(1)[F278The Secretary of State] [F278DBS] may determine the form, manner and contents of an application for the purposes of any provision of this Part.

(2)A determination may, in particular, impose requirements about the form or manner in which an electronic application is to be signed or countersigned.

[F279(3)In this section “application” includes a request under section 116A(1), 120AC(1) or 120AD(2).]]

Textual Amendments

F277S. 125B inserted (E.W.N.I.) (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 97(1), 116(1); S.I. 2010/125, art. 2(n)

F279S. 125B(3) 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. 117 (with s. 97); S.I. 2012/2234, art. 2(aa)(xii)

126 Interpretation of Part V.U.K.

(1)In this Part—

  • caution” means a caution given to a person in England and Wales or Northern Ireland in respect of an offence which, at the time when the caution is given, he has admitted;

  • certificate” means any one or more documents issued in response to a particular application [F280but does not include any documents issued in response to—

    (a)

    a request under section 116A(1),

    (b)

    an application as mentioned in section 116A(4)(a) or (5)(a), or

    (c)

    a request under section 120AC or 120AD];

  • chief officer” means—

    (i)

    a chief officer of police of a police force in England and Wales,

    (ii)

    a chief constable of a police force in Scotland, and

    (iii)

    the Chief Constable of the [F281Police Service of Northern Ireland];

  • [F282DBS” means the Disclosure and Barring Service established by section 87(1) of the Protection of Freedoms Act 2012;]

  • government department” includes a Northern Ireland department;

  • Minister of the Crown” includes a Northern Ireland department;

  • [F283office-holder in the Scottish Administration” has the same meaning as in the Scotland Act 1998 (c. 46);]

  • police authority” means—

    (i)

    a police authority for an area in [F284Scotland] or a joint police board (within the meaning of the M3Police (Scotland) Act 1967), and

    (ii)

    the [F285Northern Ireland Policing Board];

  • police force” means—

    (i)

    a police force in Great Britain, and

    (ii)

    the [F281Police Service of Northern Ireland] and the [F281Police Service of Northern Ireland Reserve];

  • prescribed” shall be construed in accordance with section 125(1).

(2)In the application of this Part to Northern Ireland, a reference to the M4Rehabilitation of Offenders Act 1974, or to a provision of that Act, shall be construed as a reference to the M5Rehabilitation of Offenders (Northern Ireland) Order 1978 or, as the case may be, to the corresponding provision of that order.

[F286(3)In the application of this Part to Northern Ireland a reference to the Safeguarding Vulnerable Groups Act 2006, or to a provision of that Act, shall be construed as a reference to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 or, as the case maybe, to the corresponding provision of that Order.]

[F287(3)In the application of this Part to Scotland references to the Secretary of State must be construed as references to the Scottish Ministers.

(4)Subsection (3) does not apply to section 118(2A)(d) or 124A(1) and (2).]

Textual Amendments

F280Words in s. 126(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) for specified purposes) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 118 (with s. 97); S.I. 2012/2234, art. 2(aa)(xiii)

F281Words in s. 126(1) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 20(2)(a)(b); S.R. 2001/396, art. 2, Sch.

F285Words in s. 126(1) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 20(3); S.R. 2001/396, art. 2, Sch.

Commencement Information

I32S. 126 in force at 1.3.2002 for E.W. by S.I. 2002/413, art. 2

S. 126 in force at 25.4.2002 for S. by S.S.I. 2002/124, art. 4

I33S. 126 in force at 3.12.2007 for N.I. by S.I. 2007/3342, art. 2(l)

Marginal Citations

[F288126APart 5: Modifications for Northern IrelandU.K.

(1)This Part applies to Northern Ireland subject to the following modifications.

(2)Any reference to the Secretary of State, except in—

(a)section 118(2A)(d),

(b)[F289section 119(1), (3), (5) and (8),]

(c)section 119B(2), (4) and (4A), and

(d)section 122A as it applies to a function of the Secretary of State under [F290section 119 or] 119B(2), (4) or (4A),

shall be construed as a reference to the Department of Justice in Northern Ireland.

(3)[F291Section 119 has effect subject to the following modifications—

(a)in subsection (1), in relation to a relevant function within subsection (8)(a) or (b), any reference to the Secretary of State shall be construed as a reference to the Department of Justice in Northern Ireland;

(b)in subsection (3), except in relation to a request for the purposes of the provision of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 that corresponds to section 24 of the Safeguarding Vulnerable Groups Act 2006, any reference to the Secretary of State shall be construed as a reference to the Department of Justice in Northern Ireland;

(c)subsections (5) and (8) have effect as if any reference to the Secretary of State included a reference to the Department of Justice in Northern Ireland.]

(4)The following provisions shall not have effect—

(a)section 113A(8);

(b)in section 113BC—

(i)in subsection (1) the words “made by statutory instrument”;

(ii)subsection (2);

(c)in section 120A—

(i)in subsection (7) the words “made by statutory instrument”;

(ii)subsection (8);

(d)section 125(2), (4) and (6).

(5)In section 122 any reference to Parliament shall be construed as a reference to the Northern Ireland Assembly.

(6)In relation to the delegation of any function of the Department of Justice, any reference in section 122A to Parliament shall be construed as a reference to the Northern Ireland Assembly.

(7)Any power of the Department of Justice under this Part to make orders or regulations shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

(8)No order shall be made by the Department of Justice under section 113A(7) unless a draft of it has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

(9)Any other order or regulations made under this Part by the Department of Justice shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).

(10)Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of this Part in relation to the laying of anything before the Northern Ireland Assembly as it applies in relation to the laying of a statutory document under an enactment.]