http://www.legislation.gov.uk/ukpga/2003/44/schedule/35Criminal Justice Act 2003An Act to make provision about criminal justice (including the powers and duties of the police) and about dealing with offenders; to amend the law relating to jury service; to amend Chapter 1 of Part 1 of the Crime and Disorder Act 1998 and Part 5 of the Police Act 1997; to make provision about civil proceedings brought by offenders; and for connected purposes.texttext/xmlenStatute Law Database2026-04-10Expert Participation2026-03-31 SCHEDULES SCHEDULE 35Criminal record certificates: amendments of Part 5 of Police Act 1997Section 3281The Police Act 1997 (c. 50) is amended as follows.2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31Section 113 (criminal record certificates) is amended as follows.2In subsection (1)—aat the beginning there is inserted “ Subject to subsection (4A) ”,bin paragraph (a), after “prescribed” there is inserted “ manner and ”, andcin paragraph (b), after “pays” there is inserted “ in the prescribed manner ”.3After subsection (4) there is inserted—4AThe Secretary of State may treat an application under this section as an application under section 115 if—ain his opinion the certificate is required for a purpose prescribed under subsection (2) of that section,bthe registered person provides him with the statement required by subsection (2) of that section, andcthe applicant consents and pays to the Secretary of State the amount (if any) by which the fee payable in relation to an application under section 115 exceeds the fee paid in relation to the application under this section..41Section 115 (enhanced criminal record certificates) is amended as follows.2In subsection (1)—aat the beginning there is inserted “ Subject to subsection (9A), ”,bin paragraph (a), after “prescribed” there is inserted “ manner and ”, andcin paragraph (b), after “pays” there is inserted “ in the prescribed manner ”.3In subsection (2), for paragraphs (a) to (c) there is substituted “ for such purposes as may be prescribed under this subsection ”.4Subsections (3) to (5) and subsections (6C) to (6E) are omitted.5After subsection (9) there is inserted—9AThe Secretary of State may treat an application under this section as an application under section 113 if in his opinion the certificate is not required for a purpose prescribed under subsection (2).9BWhere by virtue of subsection (9A) the Secretary of State treats an application under this section as an application under section 113, he must refund to the applicant the amount (if any) by which the fee paid in relation to the application under this section exceeds the fee payable in relation to an application under section 113.5In section 116 (enhanced criminal record certificates: judicial appointments and Crown employment), in subsection (2)(b), for the words from “to which” onwards there is substituted “ of such description as may be prescribed ”.61Section 120 (registered persons) is amended as follows.2For subsection (2) there is substituted—2Subject to regulations under section 120ZA and 120AA and to section 120A the Secretary of State shall include in the register any person who—aapplies to him in writing to be registered,bsatisfies the conditions in subsections (4) to (6), andchas not in the period of two years ending with the date of the application been removed from the register under section 120A or 120AA.3Subsection (3) is omitted.7After section 120 there is inserted—Regulations about registration120ZA1The Secretary of State may by regulations make further provision about registration.2Regulations under this section may in particular make provision for—athe payment of fees,bthe information to be included in the register,cthe registration of any person to be subject to conditions,dthe nomination by—ia body corporate or unincorporate, oriia 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, andethe refusal by the Secretary of State, 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.3The provision which may be made by virtue of subsection (2)(c) includes provision—afor the registration or continued registration of any person to be subject to prescribed conditions or, if the regulations so provide, such conditions as the Secretary of State thinks fit, andbfor the Secretary of State to vary or revoke those conditions.4The conditions imposed by virtue of subsection (2)(c) may in particular include conditions—arequiring a registered person, before he countersigns an application at an individual’s request, to verify the identity of that individual in the prescribed manner,brequiring an application under section 113 or 115 to be transmitted by electronic means to the Secretary of State by the registered person who countersigns it, andcrequiring a registered person to comply with any code of practice for the time being in force under section 122.8At the end of the sidenote to section 120A (refusal and cancellation of registration) there is inserted “ on grounds related to disclosure ”.9After section 120A there is inserted—Refusal, cancellation or suspension of registration on other grounds120AA1Regulations may make provision enabling the Secretary of State in prescribed cases to refuse to register a person who, in the opinion of the Secretary of State, is likely to countersign fewer applications under this Part in any period of twelve months than a prescribed minimum number.2Subsection (3) applies where a registered person—ais, in the opinion of the Secretary of State, no longer likely to wish to countersign applications under this Part,bhas, in any period of twelve months during which he was registered, countersigned fewer applications under this Part than the minimum number specified in respect of him by regulations under subsection (1), orchas failed to comply with any condition of his registration.3Subject to section 120AB, the Secretary of State may—asuspend that person’s registration for such period not exceeding 6 months as the Secretary of State thinks fit, orbremove that person from the register.Procedure for cancellation or suspension under section 120AA120AB1Before cancelling or suspending a person’s registration by virtue of section 120AA, the Secretary of State must send him written notice of his intention to do so.2Every such notice must—agive the Secretary of State’s reasons for proposing to cancel or suspend the registration, andbinform the person concerned of his right under subsection (3) to make representations.3A person who receives such a notice may, within 21 days of service, make representations in writing to the Secretary of State as to why the registration should not be cancelled or suspended.4After considering such representations, the Secretary of State must give the registered person written notice—athat 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, orbthat he does not propose to take any further action.5If no representations are received within the period mentioned in subsection (3) the Secretary of State may cancel or suspend the person’s registration at the end of the period mentioned in that subsection.6Subsection (1) does not prevent the Secretary of State from imposing on the registered person a lesser sanction than that specified in the notice under that subsection.7Any notice under this section that is required to be given in writing may be given by being transmitted electronically.8This section does not apply where—athe Secretary of State 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 countersigning applications under this Part, orbthe registered person has requested to be removed from the register.9The 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.10After section 122 there is inserted—Delegation of functions of Secretary of State122A1The 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.2A function is relevant for the purposes of subsection (1) if it does not consist of a power—ato make regulations, orbto publish or revise a code of practice or to lay any such code before Parliament.3A delegation under subsection (1) may be varied or revoked at any time.11After section 124 (offences: disclosure) there is inserted—Further offences: disclosure of information obtained in connection with delegated function124A1Any person who is engaged in the discharge of functions conferred by this Part on the Secretary of State 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,—ato another person engaged in the discharge of those functions,bto the chief officer of a police force in connection with a request under this Part to provide information to the Secretary of State, orcto an applicant or registered person who is entitled under this Part to the information disclosed to him.2Where information is disclosed to a person and the disclosure—ais an offence under subsection (1), orbwould 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.3Subsection (1) does not apply to a disclosure of information which is made—awith the written consent of the person to whom the information relates,bto a government department,cto a person appointed to an office by virtue of any enactment,din accordance with an obligation to provide information under or by virtue of any enactment, orefor some other purpose specified in regulations made by the Secretary of State.4A 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.5In 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.12In section 125 (regulations)—asubsection (3) is omitted, andbin subsection (4), the words “to which subsection (3) does not apply” are omitted.Sch. 35 para. 3 partly in force; Sch. 35 para. 3 not in force at Royal Assent, see s. 336(3); Sch. 35 para. 3(1)(2)(b)(c) in force at 29.1.2004 by S.I. 2004/81, art. 4(2)(o)(i)Sch. 35 para. 4 partly in force; Sch. 35 para. 4 not in force at Royal Assent, see s. 336(3); Sch. 35 para. 4(1)(2)(b)(c) in force at 29.1.2004 and Sch. 35 para. 4(3) in force for certain purposes at 29.1.2004 by S.I. 2004/81, art. 4(2)(o)(i)(ii)Sch. 35 para. 5 wholly in force at 1.4.2008; Sch. 35 para. 5 not in force at Royal Assent, see. s. 336(3); Sch. 35 para. 5 in force for certain purposes at 29.1.2004 by S.I. 2004/81, art. 4(2)(o)(ii); Sch. 35 para. 5 in force for E.W. at 6.4.2006 in so far as it is not already in force by S.I. 2006/751, art. 2 and in force for N.I. at 1.4.2008 by S.I. 2008/694, art. 2Sch. 35 para. 3 repealed (6.4.2006 for E.W., otherwise prosp.) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 174, 178, Sch. 17 Pt. 2; S.I. 2006/378, art. 7(f)(ix)Sch. 35 para. 4 repealed (6.4.2006 for E.W., otherwise prosp.) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 174, 178, Sch. 17 Pt. 2; S.I. 2006/378, art. 7(f)(ix)Sch. 35: extent widened (7.4.2005) from E.W. to E.W.N.I. as a result of the amendment to s. 337(5) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 167(a), 178(1)(a)Sch. 35: extent widened (7.4.2005) from E.W. to E.W.N.I. as a result of the amendment to s. 337(5) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 167(a), 178(1)(a)Sch. 35: extent widened (7.4.2005) from E.W. to E.W.N.I. as a result of the amendment to s. 337(5) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 167(a), 178(1)(a)Sch. 35: extent widened (7.4.2005) from E.W. to E.W.N.I. as a result of the amendment to s. 337(5) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 167(a), 178(1)(a)Sch. 35: extent widened (7.4.2005) from E.W. to E.W.N.I. as a result of the amendment to s. 337(5) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 167(a), 178(1)(a)Sch. 35: extent widened (7.4.2005) from E.W. to E.W.N.I. as a result of the amendment to s. 337(5) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 167(a), 178(1)(a)Sch. 35 para. 6 wholly in force at 3.12.2007; Sch. 35 para. 6 not in force at Royal Assent, see s. 336(3); Sch. 35 para. 6 in force for E.W. at 6.4.2006 by S.I. 2006/751, art. 2 and Sch. 35 para. 6(1)(2)(3) in force for N.I. at 3.12.2007 by S.I. 2007/3340, art. 2(b)Sch. 35: extent widened (7.4.2005) from E.W. to E.W.N.I. as a result of the amendment to s. 337(5) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 167(a), 178(1)(a)Sch. 35 para. 8 wholly in force at 3.12.2007; Sch. 35 para. 8 not in force at Royal Assent, see s. 336(3); Sch. 35 para. 8 in force for E.W. at 6.4.2006 by S.I. 2006/751, art. 2 and Sch. 35 para. 8 in force for N.I. at 3.12.2007 by S.I. 2007/3340, art. 2(b)Sch. 35: extent widened (7.4.2005) from E.W. to E.W.N.I. as a result of the amendment to s. 337(5) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 167(a), 178(1)(a)Sch. 35 para. 9 wholly in force at 3.12.2007; Sch. 35 para. 9 not in force at Royal Assent, see s. 336(3); Sch. 35 para. 9 in force for E.W. at 6.4.2006 by S.I. 2006/751, art. 2 and Sch. 35 para. 9 in force for N.I. at 3.12.2007 by S.I. 2007/3340, art. 2(b)Sch. 35: extent widened (7.4.2005) from E.W. to E.W.N.I. as a result of the amendment to s. 337(5) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 167(a), 178(1)(a)Sch. 35 para. 12 wholly in force at 3.12.2007; Sch. 35 para. 12 not in force at Royal Assent, see s. 336(3); Sch. 35 para. 12 in force for E.W. at 6.4.2006 by S.I. 2006/751, art. 2 and Sch. 35 para. 12(a)(b) in force for N.I. at 3.12.2007 by S.I. 2007/3340, art. 2(b)Sch. 35: extent widened (7.4.2005) from E.W. to E.W.N.I. as a result of the amendment to s. 337(5) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 167(a), 178(1)(a)Sch. 35: extent widened (7.4.2005) from E.W. to E.W.N.I. as a result of the amendment to s. 337(5) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 167(a), 178(1)(a)Sch. 35: extent widened (7.4.2005) from E.W. to E.W.N.I. as a result of the amendment to s. 337(5) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 167(a), 178(1)(a)Sch. 35 para. 1 wholly in force at 3.12.2007; Sch. 35 para. 1 not in force at Royal Assent, see s. 336(3); Sch. 35 para. 1 in force for E.W. at 29.1.2004 by S.I. 2004/81, art. 4(2)(o)(i) and in force for N.I. at 3.12.2007 by S.I. 2007/3340, art. 2(b)Sch. 35 para. 7 wholly in force at 3.12.2007; Sch. 35 para. 7 not in force at Royal Assent, see s. 336(3); Sch. 35 para. 7 in force for E.W. at 29.1.2004 by S.I. 2004/81, art. 4(2)(o)(i) and in force for N.I. at 3.12.2007 by S.I. 2007/3340, art. 2(b)Sch. 35 para. 10 wholly in force at 3.12.2007; Sch. 35 para. 10 not in force at Royal Assent, see s. 336(3); Sch. 35 para. 10 in force for E.W. at 29.1.2004 by S.I. 2004/81, art. 4(2)(o)(i) and in force for N.I. at 3.12.2007 by S.I. 2007/3340, art. 2(b)Sch. 35 para. 11 wholly in force at 3.12.2007; Sch. 35 para. 11 not in force at Royal Assent, see s. 336(3); Sch. 35 para. 11 in force for E.W. at 29.1.2004 by S.I. 2004/81, art. 4(2)(o)(i) and in force for N.I. at 3.12.2007 by S.I. 2007/3340, art. 2(b)Sch. 35 para. 2 repealed (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112, 116, Sch. 8 Pt. 8; S.I. 2010/125, art. 2(q)(u)