Police Act 1997

113 Criminal record certificates. U.K.

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

(a) makes an application under this section in the prescribed form countersigned by a registered person, and

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

(2) An application under this section must be accompanied by a statement by the registered person that the certificate is required for the purposes of an exempted question.

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

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

(b) states that there is no such matter.

[F1 (3A) If an application under this section is accompanied by a statement by the registered person that the certificate is required for the purpose of considering the applicant’s [F2 suitability to be employed, supplied to work, found work or given work in] a position (whether paid or unpaid) within subsection (3B), the criminal record certificate shall also state—

(a) whether the applicant is included in the list kept under section 1 of the Protection of Children Act 1999, or the list kept for the purposes of regulations made under section 218(6) of the M1 Education Reform Act 1988; and

(b) if he is included in either list, such details of his inclusion as may be prescribed, including (in the case of the latter list) the grounds on which he is so included.

(3B) A position is within this subsection if it is—

(a) a child care position within the meaning of the Protection of Children Act 1999;

(b) a position employment or further employment in which may be prohibited or restricted by regulations made under subsection (6) of section 218 of the M2 Education Reform Act 1988;

(c) a position such that the holder’s access to persons aged under 19 may be prohibited or restricted by regulations under subsection (6A) of that section; or

(d) a position of such other description as may be prescribed;

and the reference to employment or further employment in paragraph (b) shall be construed in accordance with subsection (13) of that section.]

(4) The Secretary of State shall send a copy of a criminal record certificate to the registered person who countersigned the application.

(5) In this section—

• “central records” means such records of convictions and cautions held for the use of police forces generally as may be prescribed;

• “exempted question” means a question in relation to which section 4(2)(a) or (b) of the M3 Rehabilitation of Offenders Act 1974 (effect of rehabilitation) has been excluded by an order of the Secretary of State under section 4(4);

• “relevant matter” means—

  (i)

  a conviction within the meaning of the Rehabilitation of Offenders Act 1974, including a spent conviction, and

  (ii)

  a caution.

Textual Amendments

F1 S. 113(3A)(3B) inserted (E.W.N.I.) (12.3.2002 for E.W., otherwise prosp.) by 1999 c. 14, ss. 8(1), 14(2); S.I. 2002/1436, art. 2

F2 Words in s. 113(3A) substituted (2.7.2001 (E.), 1.4.2002 (W.) and otherwise prosp.) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 25(1); S.I. 2001/2041, art. 2(1)(d)(i) (with transitional provisions and savings in art. 3, Sch.); S.I. 2002/920, art. 3(3)(d) (subject to art. 3(2)(4)-(10), Schs. 1-3)

Commencement Information

I1 S. 113 partly in force; s. 113 not in force at Royal Assent, see s. 135(1); s. 113 in force for E.W. at 1.3.2002 and in force for S. at 25.4.2002 by S.I. 2002/413, art. 2 and S.S.I. 2002/124, art. 4

Marginal Citations

M1 1988 c.40.

M2 1988 c.40.

M3 1974 c. 53.