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

Modifications etc. (not altering text)

C2Pt. 5 explained (7.7.2008 for specified purposes, 3.3.2011 for specified purposes, 10.3.2015 in so far as not already in force) by Data Protection Act 1998 (c. 29), s. 56(4) (as amended (19.5.2008) by 2006 c. 47, ss. 63, 65, Sch. 9 para. 15(3) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2008/1320, art. 3; S.I. 2008/1592, art. 2; S.I. 2011/601, art. 2; S.I. 2015/312, art. 2)

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

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

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

117 Disputes about [F1accuracy of certificates] [F1certificates and up-date information].E+W

(1)Where an applicant for a certificate under any of sections 112 to 116 believes that the information contained in the certificate is inaccurate he may make an application [F2in writing] to [F3the Secretary of State] [F3DBS] for a new certificate.

[F4(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 [F5DBS] for a decision as to whether or not the information is inaccurate.]

[F6(1A)Where any person other than the applicant believes that the information contained in a certificate under any of sections 112 to 116 is inaccurate, that person may make an application in writing to the Department for a decision as to whether or not the information is inaccurate.]

[F7(1B)Where a person believes that the wrong up-date information has been given under section 116A in relation to the person's certificate, the person may make an application in writing to [F8DBS] for corrected up-date information.]

(2)[F9The Secretary of State] [F9DBS] shall consider any application under this section; and where [F10he] [F10it] is of the opinion that the information in the certificate is inaccurate [F11, or that the wrong up-date information has been given,] [F10he] [F10it] shall issue a new certificate [F12or (as the case may be) corrected up-date information].

[F13(2A)In this section—

  • “corrected up-date information”, in relation to a certificate, means information which includes—

    (a)

    information that the wrong up-date information was given in relation to the certificate on a particular date, and

    (b)

    new up-date information in relation to the certificate,

  • “up-date information” has the same meaning as in section 116A.]

[F14(3)[F15Subject to subsection (3A),] An application under this section may, in particular, request a review of any information contained in a certificate by virtue of section 113B(4).

[F16(3A)But an application under this section may not request a review of information contained in a certificate by virtue of section 113B(4) which was or could have been the subject of an appeal under section 20 of the Age of Criminal Responsibility (Scotland) Act 2019.]

[F17(4)The Scottish Ministers, on receiving [F18a request mentioned in subsection (3)], must ask the chief officer of the relevant police force who provided that information to reconsider whether—

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

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

[F19(5)This section does not apply to any information which could be the subject of an application under section 116ZB(2).]

Textual Amendments

F1Words in s. 117 title substituted (E.W.) (17.6.2013) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 108(2) (with s. 97); S.I. 2013/1180, art. 2(e)(i)

F4S. 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

I1S. 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

I2S. 117 in force at 1.4.2008 for N.I. by S.I. 2008/692, art. 2(i)