SCHEDULE 1 Modifications to provisions of Part 5 of the Police Act 1997

2.  In section 113A (criminal record certificates)—

(a) in subsection (1)(a) omit “in the prescribed manner and form”;

(b) after subsection (2) insert—

“(2A) But an application for a criminal record certificate need not be countersigned by a registered person if—

(a) the application is transmitted to the Secretary of State electronically by a registered person who satisfies conditions determined by the Secretary of State, and

(b) it is transmitted in accordance with requirements determined by the Secretary of State.”;

(c) in subsection (4) for “the registered person who countersigned” substitute “whoever acted as the registered person in relation to”;

(d) in subsection (6)—

(i) for the definition of “exempted question” substitute—

““exempted question” means a question which—

(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; and–

(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;”,

(ii) for the definition of “relevant matter” substitute—

““relevant matter” means—

(a)

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

(b)

a caution, including a caution that is spent for the purposes of Schedule 2 to that Act.”;

(e) after subsection (7)(1) insert—

“(8) 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 the Secretary of State under subsection (2A).”.

(1)

Paragraph 14(1) and (2) of Schedule 9 to the 2006 Act, which is extended to the Isle of Man by Article 4, inserted new subsections (7) and (8) into section 113A but new subsection (8) is omitted by paragraph 2(a) of Schedule 2 to this Order.