C1C10C3C2C5C6C7 Part V Certificates of Criminal Records, &c.

Annotations:
Modifications etc. (not altering text)
C1

Pt. 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)

C10

Pt. 5 explained (7.7.2008 for specified purposes, 3.3.2011 for specified purposes, 10.3.2015 in so far as not already in force) by Data Protection Act 1998 (c. 29), s. 56(4) (as amended (19.5.2008) by 2006 c. 47, ss. 63, 65, Sch. 9 para. 15(3) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2008/1320, art. 3; S.I. 2008/1592, art. 2; S.I. 2011/601, art. 2; S.I. 2015/312, art. 2)

C5

Pt. 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)

C6

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

C7

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

I1I2C4C8C9116 Enhanced criminal record certificates: judicial appointments and Crown employment.

1

F9The Secretary of StateF9DBS shall issue an enhanced criminal record certificate to any individual who—

a

makes an application under this section F2...,

F8aa

is aged 16 or over at the time of making the application,

F12aa

except in prescribed circumstances, is aged 16 or over at the time of making the application, and

F1b

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

F1b

pays in the prescribed manner any prescribed fee

2

An application under this section must be accompanied by a statement by F6a Minister of the Crown, or a person nominated by a Minister of the Crown,F6a 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 F4to which subsection (3) or (4) of section 115 appliesF4of such description as may be prescribed.

F52A

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

F3Sections 113B(3) to (11) F11and F10113BA to 113BCF11, 113BA to 113BC, 120AC and 120ADF7113CA to 113CC shall apply in relation to this section with any necessary modifications.