UKPGA-1997-50 — Police Act 1997

preamble

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part I

The National Criminal Intelligence Service

s. 1 — The Service Authority for the National Criminal Intelligence Service.

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s. 2 — General functions of the NCIS Service Authority and NCIS.

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s. 3 — Objectives.

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s. 4 — Service plans.

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s. 5 — Annual reports.

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s. 6 — Appointment of Director General.

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s. 7 — Removal of Director General by the Authority.

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s. 8 — Deputy Director General.

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s. 9 — Members of NCIS.

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s. 9A — Removal of certain members appointed under section 9

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s. 10 — General function of Director General.

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s. 11 — Reports by Director General to the Authority.

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s. 12 — Responsibility for co-ordination of police and Security Service activities.

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s. 13 — Officers and employees.

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s. 14 — Appointment of clerk.

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s. 15 — Appointment of persons not employed by the NCIS Service Authority.

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s. 16 — NCIS service fund.

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s. 16A — Budget statement

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s. 17 — Grants from the Secretary of State

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s. 17A — Provision supplemental to section 17

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s. 18 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 18A — Financing by the Scottish Ministers

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s. 19 — Charges.

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s. 20 — Acceptance of gifts and loans.

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s. 21 — Pensions and gratuities.

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s. 21A — Accounts

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s. 22 — Collaboration agreements.

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s. 23 — Aid by and for NCIS.

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s. 24 — Provision of special services.

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s. 25 — General duty of the Secretary of State and the Scottish Ministers

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s. 26 — Setting of objectives.

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s. 27 — Setting of performance targets.

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s. 28 — Codes of practice.

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s. 28A — Codes of practice for Director General of NCIS

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s. 29 — Removal of Director General etc.

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s. 30 — Power to give directions to NCIS Service Authority

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s. 31 — Reports from NCIS Service Authority.

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s. 31A — Power to give directions as to action plans

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s. 31B — Procedure for giving directions by the Secretary of State

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s. 31C — Procedure for giving directions by the Scottish Ministers

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s. 32 — Reports from Director General.

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s. 33 — Criminal statistics.

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s. 34 — Inquiries.

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s. 34A — Regulations for NCIS

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s. 35 — Regulations as to standard of equipment.

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s. 36 — Common services.

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s. 37 — Discipline regulations.

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s. 38 — Appeals.

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s. 39 — Complaints.

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s. 40 — Information as to the manner of dealing with complaints etc.

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s. 41 — Arrangements for consultation.

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s. 42 — Liability for wrongful acts of constables etc.

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s. 43 — Causing disaffection.

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s. 44 — Orders governing NCIS Service Authority.

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s. 45 — Orders and regulations.

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s. 46 — Interpretation of Part I.

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Part II

The National Crime Squad

s. 47 — The Service Authority for the National Crime Squad.

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s. 48 — General functions of the NCS Service Authority and the National Crime Squad.

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s. 49 — Objectives.

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s. 50 — Service plans.

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s. 51 — Annual reports.

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s. 52 — Appointment of Director General.

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s. 53 — Removal of Director General by the Authority.

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s. 54 — Deputy Director General.

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s. 55 — Members of the National Crime Squad.

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s. 55A — Removal of certain members appointed under section 55

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s. 56 — General function of Director General.

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s. 57 — Reports by Director General to the Authority.

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s. 58 — Officers and employees.

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s. 59 — Appointment of clerk.

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s. 60 — Appointment of persons not employed by the NCS Service Authority.

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s. 61 — NCS service fund.

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s. 61A — Budget statement

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s. 62 — Grants from the Secretary of State

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s. 62A — Provision supplemental to section 62

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s. 63 — Initial financing of NCS Service Authority.

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s. 64 — Charges.

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s. 65 — Acceptance of gifts and loans.

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s. 66 — Pensions and gratuities.

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s. 66A — Accounts

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s. 67 — Revenue accounts and capital finance.

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s. 68 — Financial administration.

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s. 69 — Provision of special services.

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s. 70 — General duty of Secretary of State.

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s. 71 — Setting of objectives.

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s. 72 — Setting of performance targets.

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s. 73 — Codes of practice.

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s. 73A — Codes of practice for Director General of NCS

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s. 74 — Removal of Director General etc.

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s. 75 — Power to give directions to NCS Service Authority

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s. 76 — Reports from NCS Service Authority.

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s. 76A — Power to give directions as to action plans

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s. 76B — Procedure for giving directions under sections 75 and 76A

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s. 77 — Reports from Director General.

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s. 78 — Criminal statistics.

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s. 79 — Inquiries.

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s. 79A — Regulations for NCS

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s. 80 — Regulations as to standard of equipment.

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s. 80A — Regulation of procedures and practices

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s. 81 — Discipline regulations.

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s. 82 — Appeals.

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s. 83 — Complaints.

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s. 84 — Information as to the manner of dealing with complaints etc.

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s. 85 — Arrangements for consultation.

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s. 86 — Liability for wrongful acts of constables etc.

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s. 87 — Causing disaffection.

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s. 88 — Application to NCS Service Authority of local authority enactments.

Schedule 6 (which amends local authority enactments applying to police authorities so as to apply those enactments in a similar way to the NCS Service Authority) shall have effect.

s. 89 — Orders and regulations.

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s. 90 — Interpretation of Part II.

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Part III

Authorisation of Action in Respect of Property

s. 91 — The Commissioners.

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s. 92 — Effect of authorisation under Part III.

No entry on or interference with property or with wireless telegraphy shall be unlawful if it is authorised by an authorisation having effect under this Part.

s. 93 — Authorisations to interfere with property etc.

s. 93(1)

Where subsection (2) applies, an authorising officer may authorise—

s. 93(1)(a)

the taking of such action, in respect of such property in the relevant area, as he may specify,

s. 93(1)(ab)

the taking of such action falling within subsection (1A), in respect of property outside the relevant area, as he may specify, or

s. 93(1)(b)

the taking of such action in the relevant area as he may specify, in respect of wireless telegraphy.

s. 93(1A)

The action falling within this subsection is action for maintaining or retrieving any equipment, apparatus or device the placing or use of which in the relevant area has been authorised under this Part or the Investigatory Powers Act 2016 or Part II of the Regulation of Investigatory Powers Act 2000 or under any enactment contained in or made under an Act of the Scottish Parliament which makes provision equivalent to that made by Part II of that Act of 2000.

s. 93(1B)

Subsection (1) applies where the authorising officer is a National Crime Agency officer giving an authorisation on an application made by virtue of subsection (3)(b)(i), an officer of Revenue and Customs , an immigration officer or the chair of the Competition and Markets Authority with the omission of—

s. 93(1B)(a)

the words “in the relevant area”, in each place where they occur; and

s. 93(1B)(b)

paragraph (ab).

s. 93(2)

This subsection applies where the authorising officer believes—

s. 93(2)(a)

that it is necessary for the action specified to be taken for the purpose of preventing or detecting —

s. 93(2)(a)(i)

serious crime, or

s. 93(2)(a)(ii)

the use of an unmanned aircraft in the commission of a relevant offence, and

s. 93(2)(b)

that the taking of the action is proportionate to what the action seeks to achieve.

s. 93(2A)

Subsection (2) applies where the authorising officer is the Chief Constable or the Deputy Chief Constable of the Police Service of Northern Ireland as if the reference in subsection (2)(a) to preventing or detecting serious crime included a reference to the interests of national security.

s. 93(2AA)

Where the authorising officer is the chair of the Competition and Markets Authority, the only purpose falling within subsection (2)(a) is the purpose of preventing or detecting an offence under section 188 of the Enterprise Act 2002.

s. 93(2AB)

Where the authorising officer is the Chief Constable of the Civil Nuclear Constabulary, the only purpose falling within subsection (2)(a) is the purpose of preventing or detecting the use of an unmanned aircraft in the commission of a relevant offence.

s. 93(2AC)

In the case of an England and Wales prison authorisation, the only purpose falling within subsection (2)(a) is the purpose of preventing or detecting the use of an unmanned aircraft in the commission of a relevant offence.

s. 93(2AD)

In the case of a Northern Ireland prison authorisation, the only purpose falling within subsection (2)(a) is the purpose of preventing or detecting the use of an unmanned aircraft in the commission of a relevant offence.

s. 93(2AE)

In the case of a Scottish penal institution authorisation, the only purpose falling within subsection (2)(a) is the purpose of preventing or detecting the use of an unmanned aircraft in the commission of a relevant offence.

s. 93(2B)

The matters to be taken into account in considering whether the requirements of subsection (2) are satisfied in the case of any authorisation shall include whether what it is thought necessary to achieve by the authorised action could reasonably be achieved by other means.

s. 93(3)

An authorising officer shall not give an authorisation under this section except on an application made—

s. 93(3)(za)

if the authorising officer is within subsection (5)(a) to (c)—

s. 93(3)(za)(i)

by a member of the officer's police force;...

s. 93(3)(za)(ii)

in a case where the chief officer of police of that force (“the authorising force”) has made an agreement under section 22A of the Police Act 1996 with the chief officer of police of one or more other police forces, by a member of a collaborative force; or

s. 93(3)(za)(iii)

in a case where the chief officer of police of the authorising force has made an agreement under that section with the Director General of the National Crime Agency, by a National Crime Agency officer (but see subsection (3AA));

s. 93(3)(zb)

if the authorising officer is within subsection (5)(d), by a constable of the Police Service of Scotland;

s. 93(3)(a)

if the authorising officer is within subsection (5)(e), (ea) or (ee), by a member of his police force,

s. 93(3)(aa)

if the authorising officer is within subsection (5)(eb) to (ed), by a member, as the case may be, of the Royal Navy Police, the Royal Military Police or the Royal Air Force Police;

s. 93(3)(aaa)

if the authorising officer is within subsection (5)(eda), by a member of the tri-service serious crime unit;

s. 93(3)(aab)

if the authorising officer is within subsection (5)(edb), by the investigating officer designated to take charge of the investigation under regulation 36(2)(a) of the Service Police (Complaints etc.) Regulations 2023 or a person designated under paragraph (2)(b) of that regulation to assist the person designated under sub-paragraph (a);

s. 93(3)(ab)

if the authorising officer is within subsection (5)(ef), by a member of the Civil Nuclear Constabulary;

s. 93(3)(b)

if the authorising officer is within subsection (5)(f)—

s. 93(3)(b)(i)

by a National Crime Agency officer, or

s. 93(3)(b)(ii)

in a case where the Director General of the National Crime Agency has made an agreement under section 22A of the Police Act 1996 with the chief officer of police of one or more police forces, by a member of a collaborative force;

s. 93(3)(d)

if the authorising officer is within subsection (5)(h), by an officer of Revenue and Customs ,...

s. 93(3)(da)

if the authorising officer is within subsection (5)(ha), by an immigration officer;

s. 93(3)(db)

in the case of an England and Wales prison authorisation, by—whose duties as such an officer are exercisable in relation to the relevant England and Wales institution (and, where that institution is a contracted out institution, such an officer who is temporarily attached to that institution is to be taken to have duties exercisable in relation to it);

s. 93(3)(db)(i)

a prison officer,

s. 93(3)(db)(ii)

an officer of a young offender institution,

s. 93(3)(db)(iii)

an officer of a secure training centre, or

s. 93(3)(db)(iv)

an officer of a secure college,

s. 93(3)(dc)

in the case of a Northern Ireland prison authorisation, by—whose duties as such an officer or member of staff are exercisable in relation to the relevant Northern Ireland institution;

s. 93(3)(dc)(i)

a prison officer, or

s. 93(3)(dc)(ii)

a member of custodial staff for a juvenile justice centre,

s. 93(3)(dd)

in the case of a Scottish penal institution authorisation, by a Scottish prison officer whose duties as such an officer are exercisable in relation to the relevant Scottish penal institution (and, where that institution is a contracted out Scottish penal institution, a Scottish prison officer who is temporarily attached to that institution is to be taken to have duties exercisable in relation to it);

s. 93(3)(e)

if the authorising officer is within subsection (5)(i), by an officer of the Competition and Markets Authority.

s. 93(3)(ea)

if the authorising officer is within subsection (5)(ia), by a staff officer of the Police Investigations and Review Commissioner.

s. 93(3)(f)

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s. 93(3A)

For the purposes of subsection (3)(za)(ii)—

s. 93(3A)(a)

a police force is a collaborative force if—

s. 93(3A)(a)(i)

its chief officer of police is a party to the agreement mentioned in that provision; and

s. 93(3A)(a)(ii)

its members are permitted by the terms of the agreement to make applications for authorisations under this section to the authorising officer of the authorising force; and

s. 93(3A)(b)

a reference to a police force is to the following—

s. 93(3A)(b)(i)

any police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London);

s. 93(3A)(b)(ii)

the metropolitan police force; and

s. 93(3A)(b)(iii)

the City of London police force.

s. 93(3AA)

A National Crime Agency officer may make an application by virtue of subsection (3)(za)(iii) only if permitted by the terms of the agreement mentioned in that provision to make applications for authorisations under this section to the authorising officer of the authorising force.

s. 93(3AB)

For the purposes of subsection (3)(b), a police force?is a collaborative force if—Paragraph (b) of subsection (3A) applies for the purposes of this subsection.

s. 93(3AB)(a)

its chief officer of police is a party to the agreement mentioned in that provision, and

s. 93(3AB)(b)

its members are permitted by the terms of the agreement to make applications for authorisations under this section to the authorising officer mentioned in that provision.

s. 93(3ZA)

An authorisation under this section may be given by the authorising officer within subsection (5)(ia) only where it relates to the taking of action in pursuance of paragraph (b)(i) of section 33A of the Police, Public Order and Criminal Justice (Scotland) Act 2006.

s. 93(3ZB)

An authorisation under this section may be given by the authorising officer within subsection (5)(edb) only where it relates to the carrying out of the functions of the Service Police Complaints Commissioner.

s. 93(3B)

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s. 93(3C)

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s. 93(3D)

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s. 93(3E)

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s. 93(4)

For the purposes of subsection (2), conduct which constitutes one or more offences shall be regarded as serious crime if, and only if,—and, where the authorising officer is within subsection (5)(h), the conduct relates to an assigned matter within the meaning of section 1(1) of the Customs and Excise Management Act 1979 or, where the authorising officer is within subsection (5)(ha), any of the offences is an immigration or nationality offence.

s. 93(4)(a)

it involves the use of violence, results in substantial financial gain or is conduct by a large number of persons in pursuit of a common purpose, or

s. 93(4)(b)

the offence or one of the offences is an offence for which a person who has attained the age of twenty-one and has no previous convictions could reasonably be expected to be sentenced to imprisonment for a term of three years or more,

s. 93(4A)

For the purposes of subsection (2), “relevant offence” means—

s. 93(4A)(a)

an offence under any of these provisions of the Prison Act 1952—

s. 93(4A)(a)(i)

section 39 (assisting a prisoner to escape);

s. 93(4A)(a)(ii)

section 40B (conveyance etc of List A articles into or out of prison);

s. 93(4A)(a)(iii)

section 40C (conveyance etc of List B or C articles into or out of prison);

s. 93(4A)(a)(iv)

section 40CB (throwing articles into prison);

s. 93(4A)(b)

an offence under any of these provisions of the Prison Act (Northern Ireland) 1953—

s. 93(4A)(b)(i)

section 29(1) (assisting escape from lawful custody);

s. 93(4A)(b)(ii)

section 33 (facilitating escape by conveying things into prison);

s. 93(4A)(b)(iii)

section 34A (conveyance etc of List A articles into or out of prison);

s. 93(4A)(b)(iv)

section 34B (conveyance etc of List B or C articles into or out of prison);

s. 93(4A)(c)

an offence at common law in Scotland committed by assisting a prisoner in a penal institution in Scotland in escaping or attempting to escape from the institution;

s. 93(4A)(d)

an offence at common law in Scotland committed by, intending to facilitate the escape of a prisoner from a penal institution in Scotland, doing any of the following things—

s. 93(4A)(d)(i)

bringing, throwing or otherwise conveying anything into the institution;

s. 93(4A)(d)(ii)

causing another person to bring, throw or otherwise convey anything into the institution;

s. 93(4A)(d)(iii)

giving anything to a prisoner or leaving anything in any place (whether inside or outside the institution);

s. 93(4A)(e)

an offence under either of these provisions of the Prisons (Scotland) Act 1989—

s. 93(4A)(e)(i)

section 41 (unlawful introduction of proscribed articles into a prison);

s. 93(4A)(e)(ii)

section 41ZA (provision to and use by prisoners of personal communication devices);

s. 93(4A)(f)

an offence under section 1(2) of the Aviation and Maritime Security Act 1990 (endangering safety at aerodromes);

s. 93(4A)(g)

an offence under any of these provisions of the Air Navigation Order 2016—

s. 93(4A)(g)(i)

article 94A (certain unmanned aircraft: permission for flights over or near aerodromes);

s. 93(4A)(g)(ii)

article 239(4) (prohibited or restricted flying);

s. 93(4A)(g)(iii)

article 240 (endangering safety of an aircraft);

s. 93(4A)(g)(iv)

article 241 (endangering safety of any person or property);

s. 93(4A)(g)(v)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 93(4A)(g)(vi)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 93(4A)(ga)

an offence under any of these provisions of the Unmanned Aircraft (Offences and Consequential Amendments) Regulations 2025 (S.I. 2025/1284)—

s. 93(4A)(ga)(i)

regulation 2(2) (various requirements under the Unmanned Aircraft Implementing Regulation relating to UAS operators);

s. 93(4A)(ga)(ii)

regulation 3(2) (various requirements under the Unmanned Aircraft Implementing Regulation relating to remote pilots);

s. 93(4A)(h)

an offence under regulation 3(3) of the Unmanned Aircraft (Offences and Consequential Amendments) Regulations 2025 committed by the contravention of a relevant requirement set out or referred to in any of the following provisions of those Regulations—

s. 93(4A)(h)(i)

regulation 3(5)(a), (h), (i) or (j);

s. 93(4A)(h)(ii)

regulation 3(6);

s. 93(4A)(h)(iii)

regulation 3(7)(e), but only insofar as that requirement (to comply with authorised limitations and conditions) regulates the operation of an unmanned aircraft during flight;

s. 93(4A)(h)(iv)

regulation 3(7)(f), (g) or (i);

s. 93(4A)(h)(v)

regulation 3(8), but only insofar as that requirement (conditions under which operations in the framework of the model aircraft clubs or associations may be conducted) regulates the operation of an unmanned aircraft during flight.

s. 93(4A)(i)

an offence under any of these provisions of the National Security Act 2023—

s. 93(4A)(i)(i)

section 4 (entering etc a prohibited place for a purpose prejudicial to the UK);

s. 93(4A)(i)(ii)

section 5 (unauthorised entry etc to a prohibited place);

s. 93(4A)(i)(iii)

section 11(4) (failure to comply with an order in relation to a cordoned area).

s. 93(4B)

The Secretary of State may by regulations made by statutory instrument amend subsection (4A) to add or remove an offence.

s. 93(4C)

The Secretary of State may not make regulations under subsection (4B) unless a draft of the statutory instrument containing the regulations has been laid before Parliament and approved by a resolution of each House of Parliament.

s. 93(5)

In this section “authorising officer” means—

s. 93(5)(a)

the chief constable of a police force maintained under section 2 of the Police Act 1996 (maintenance of police forces for areas in England and Wales except London);

s. 93(5)(b)

the Commissioner, or an Assistant Commissioner, of Police of the Metropolis;

s. 93(5)(c)

the Commissioner of Police for the City of London;

s. 93(5)(d)

the chief constable of the Police Service of Scotland, or any deputy chief constable or assistant chief constable of the Police Service of Scotland who is designated for the purposes of this paragraph by the chief constable;

s. 93(5)(e)

the Chief Constable or a Deputy Chief Constable of the Police Service of Northern Ireland;

s. 93(5)(ea)

the Chief Constable of the Ministry of Defence Police;

s. 93(5)(eb)

the Provost Marshal of the Royal Navy Police;

s. 93(5)(ec)

the Provost Marshal of the Royal Military Police;

s. 93(5)(ed)

the Provost Marshal of the Royal Air Force Police;

s. 93(5)(eda)

the Provost Marshal for serious crime;

s. 93(5)(edb)

the Service Police Complaints Commissioner;

s. 93(5)(ee)

the Chief Constable of the British Transport Police;

s. 93(5)(ef)

the Chief Constable of the Civil Nuclear Constabulary;

s. 93(5)(f)

the Director General of the National Crime Agency, or any other National Crime Agency officer who is designated for the purposes of this paragraph by that Director General;

s. 93(5)(h)

an officer of Revenue and Customs who is a senior official within the meaning of the Regulation of Investigatory Powers Act 2000 and who is designated for the purposes of this paragraph by the Commissioners for Her Majesty's Revenue and Customs; ...

s. 93(5)(ha)

an immigration officer who is a senior official within the meaning of the Regulation of Investigatory Powers Act 2000 and who is designated for the purposes of this paragraph by the Secretary of State;

s. 93(5)(hb)

a member of senior management for prisons in England and Wales—

s. 93(5)(hb)(i)

whose duties as a member of senior management for prisons in England and Wales are exercisable in relation to the relevant England and Wales institution, and

s. 93(5)(hb)(ii)

who is designated for the purposes of this paragraph by the Secretary of State;

s. 93(5)(hc)

a member of senior management for prisons in Northern Ireland whose duties as a member of senior management for prisons in Northern Ireland are exercisable in relation to the relevant Northern Ireland institution;

s. 93(5)(hd)

a member of senior management for penal institutions in Scotland—

s. 93(5)(hd)(i)

whose duties as a member of senior management for penal institutions in Scotland are exercisable in relation to the relevant Scottish penal institution, and

s. 93(5)(hd)(ii)

who is designated for the purposes of this paragraph by the Scottish Ministers;

s. 93(5)(i)

the chair of the Competition and Markets Authority.

s. 93(5)(ia)

the Police Investigations and Review Commissioner.

s. 93(5)(j)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 93(6)

In this section “relevant area”—and in each case includes the adjacent United Kingdom waters.

s. 93(6)(a)

in relation to a person within paragraph (a), (b) or (c) of subsection (5) to whom an application is made by virtue of subsection (3)(za)(i), means the area in England and Wales for which his police force is maintained;

s. 93(6)(aa)

in relation to a person within any of those paragraphs to whom an application is made by virtue of subsection (3)(za)(ii), means the area in England and Wales—

s. 93(6)(aa)(i)

for which any collaborative force (within the meaning of subsection (3A)) is maintained; and

s. 93(6)(aa)(ii)

which is specified in relation to members of that force in the agreement mentioned in subsection (3)(za)(ii);

s. 93(6)(ab)

in relation to a person within any of those paragraphs to whom an application is made by virtue of subsection (3)(za)(iii), means the area in England and Wales for which—and which is specified in relation to NCA officers in the agreement mentioned in that provision;

s. 93(6)(ab)(i)

the person's police force is maintained, or

s. 93(6)(ab)(ii)

any other police force whose chief officer of police is a party to the agreement mentioned in subsection (3)(za)(iii) is maintained,

s. 93(6)(b)

in relation to a person within paragraph (d) or (ia) of subsection (5), means Scotland;

s. 93(6)(c)

in relation to a person within paragraph (e) of that subsection, means Northern Ireland;

s. 93(6)(ca)

in relation to a person within paragraph (ea), means any place where, under section 2 of the Ministry of Defence Police Act 1987, the members of the Ministry of Defence Police have the powers and privileges of a constable;

s. 93(6)(cb)

in relation to a person within paragraph (ee), means the United Kingdom;

s. 93(6)(cbza)

in relation to a person within subsection (5)(ef), means any place where, under section 56 of the Energy Act 2004, the members of the Civil Nuclear Constabulary have the powers and privileges of a constable;

s. 93(6)(cba)

in relation to a person within subsection (5)(f) to whom an application is made by virtue of subsection (3)(b)(ii), means the area in England and Wales—

s. 93(6)(cba)(i)

for which any collaborative force (within the meaning of subsection (3AB)) is maintained, and

s. 93(6)(cba)(ii)

which is specified in relation to members of that force in the agreement mentioned in subsection (3)(b)(ii);

s. 93(6)(cbb)

in relation to an England and Wales prison authorisation, means the area of—together with such area or areas adjoining the boundary of that prison, institution, centre or college as the authorising officer considers it necessary and proportionate for the authorisation to relate to;

s. 93(6)(cbb)(i)

a prison in England or Wales,

s. 93(6)(cbb)(ii)

a young offender institution in England or Wales,

s. 93(6)(cbb)(iii)

a secure training centre in England or Wales, or

s. 93(6)(cbb)(iv)

a secure college in England or Wales,

s. 93(6)(cbc)

in relation to a Northern Ireland prison authorisation, means the area of—together with such area or areas adjoining the boundary of that prison or centre as the authorising officer considers it necessary and proportionate for the authorisation to relate to;

s. 93(6)(cbc)(i)

a prison in Northern Ireland,

s. 93(6)(cbc)(ii)

a young offenders centre in Northern Ireland,

s. 93(6)(cbc)(iii)

a remand centre in Northern Ireland, or

s. 93(6)(cbc)(iv)

a juvenile justice centre in Northern Ireland,

s. 93(6)(cbd)

in relation to a Scottish penal institution authorisation, means the area of a penal institution in Scotland together with such area or areas adjoining the boundary of that institution as the authorising officer considers it necessary or proportionate for the authorisation to relate to;

s. 93(6)(cc)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 93(6)(d)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 93(6)(e)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 93(6)(f)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 93(6A)

For the purposes of any authorisation by a person within paragraph (eb), (ec) , (ed), (eda) or (edb) of subsection (5) property is in the relevant area or action in respect of wireless telegraphy is taken in the relevant area if, as the case may be—

s. 93(6A)(a)

the property is owned, occupied, in the possession of or being used by a person who is subject to service law or is a civilian subject to service discipline; or

s. 93(6A)(b)

the action is taken in relation to the use of wireless telegraphy by such a person.

s. 93(6B)

In subsection (6A) “subject to service law” and “civilian subject to service discipline” have the same meanings as in the Armed Forces Act 2006.

s. 93(6C)

For the purposes of this section, an offence is an immigration or nationality offence if conduct constituting the offence—

s. 93(6C)(a)

relates to the entitlement of one or more persons who are not nationals of the United Kingdom to enter, transit across, or be in, the United Kingdom (including conduct which relates to conditions or other controls on any such entitlement), or

s. 93(6C)(b)

is undertaken for the purposes of, or otherwise in relation to, any of these enactments—

s. 93(6C)(b)(i)

the British Nationality Act 1981;

s. 93(6C)(b)(ii)

the Hong Kong Act 1985;

s. 93(6C)(b)(iii)

the Hong Kong (War Wives and Widows) Act 1996;

s. 93(6C)(b)(iv)

the British Nationality (Hong Kong) Act 1997;

s. 93(6C)(b)(v)

the British Overseas Territories Act 2002;

s. 93(6C)(b)(vi)

an instrument made under any of those Acts.

s. 93(7)

The powers conferred by, or by virtue of, this section are additional to any other powers which a person has as a constable either at common law or under or by virtue of any other enactment and are not to be taken to affect any of those other powers.

s. 93(8)

In this section—“England and Wales prison authorisation” means an authorisation where the authorising officer is within subsection (5)(hb);“contracted out institution” means—a prison or young offender institution that is a contracted out prison within the meaning of Part 4 of the Criminal Justice Act 1991 (see section 84(4) of that Act and the definition of “prison” in section 92(1) of that Act), a contracted out secure training centre within the meaning of sections 7 to 14 of the Criminal Justice and Public Order Act 1994 (see section 15 of that Act), or a contracted-out secure college within the meaning of Schedule 10 to the Criminal Justice and Courts Act 2015 (see paragraph 1 of that Schedule);“contracted out Scottish penal institution” means a penal institution for the running of which a contract under section 106 of the Criminal Justice and Public Order Act 1994 is for the time being in force;“member of custodial staff for a juvenile justice centre” means a person who is authorised by the managers of a juvenile justice centre to take charge of a person detained by them;“member of senior management for penal institutions in Scotland” means a person—who is a member of staff of the Scottish Administration of a seniority designated for the purposes of this section by the Scottish Ministers, and whose duties are exercisable in relation to penal institutions in Scotland generally, or any type of such institutions;“member of senior management for prisons in England and Wales” means a person—who is a senior official within the meaning of the Regulation of Investigatory Powers Act 2000, and whose duties as a senior official are exercisable in relation to prisons, young offender institutions, secure training centres or secure colleges in England and Wales;“member of senior management for prisons in Northern Ireland” means a person—who is a senior official within the meaning of the Regulation of Investigatory Powers Act 2000, and whose duties as a senior official are exercisable in relation to prisons, young offenders centres, remand centres or juvenile justice centres in Northern Ireland;“Northern Ireland prison authorisation” means an authorisation where the authorising officer is within subsection (5)(hc);“Northern Ireland prison officer” means a person appointed under section 2(2) of the Prison Act (Northern Ireland) 1953 (including any person whose duties are exercisable in relation to a young offenders centre or remand centre in Northern Ireland);“penal institution” has the meaning given by section 108 of the Criminal Justice (Scotland) Act 2016;“prison”, in relation to Northern Ireland, has the meaning given in section 47(1A) of the Prison Act (Northern Ireland) 1953;“prisoner”, in relation to a penal institution, means a person who is detained or imprisoned in such an institution;“relevant England and Wales institution”, in relation to an England and Wales prison authorisation, means the prison, young offender institution, secure training centre or secure college in England and Wales to which the authorisation relates;“relevant Northern Ireland institution”, in relation to a Northern Ireland prison authorisation, means the prison, young offenders centre, remand centre or juvenile justice centre in Northern Ireland to which the authorisation relates;“relevant Scottish penal institution”, in relation to a Scottish penal institution authorisation, means the penal institution in Scotland to which the authorisation relates;“Scottish penal institution authorisation” means an authorisation where the authorising officer is within subsection (5)(hd);“Scottish prison officer” means a person who holds a post, otherwise than as a medical officer, to which the person has been appointed for the purposes of section 3(1A) of the Prisons (Scotland) Act 1989;“unmanned aircraft” means any aircraft operating or designed to operate autonomously or to be piloted remotely without a pilot on board.

s. 94 — Authorisations given in absence of authorising officer.

s. 94(1)

Subsection (2) applies where it is not reasonably practicable for an authorising officer to consider an application for an authorisation under section 93 and—

s. 94(1)(a)

if the authorising officer is within paragraph (b) , (e) or (f) of section 93(5), it is also not reasonably practicable for the application to be considered by any of the other persons within the paragraph concerned; . . . ...

s. 94(1)(b)

if the authorising officer is within paragraph (a) or (c) of section 93(5), it is also not reasonably practicable for the application to be considered by his designated deputy ...

s. 94(1)(ba)

in the case of an England and Wales prison authorisation, it is also not reasonably practicable for the application to be considered by the authorising officer's designated deputy;

s. 94(1)(bb)

in the case of a Northern Ireland prison authorisation, it is also not reasonably practicable for the application to be considered by the authorising officer's designated deputy; or

s. 94(1)(bc)

in the case of a Scottish penal institution authorisation, it is also not reasonably practicable for the application to be considered by the authorising officer's designated deputy.

s. 94(1)(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 94(2)

Where this subsection applies, the powers conferred on the authorising officer by section 93 may, in an urgent case, be exercised—

s. 94(2)(a)

where the authorising officer is within paragraph (a) or (d) of subsection (5) of that section, by a person holding the rank of assistant chief constable in his force;

s. 94(2)(b)

where the authorising officer is within paragraph (b) of that subsection, by a person holding the rank of commander in the metropolitan police force;

s. 94(2)(c)

where the authorising officer is within paragraph (c) of that subsection, by a person holding the rank of commander in the City of London police force;

s. 94(2)(d)

where the authorising officer is within paragraph (e) of that subsection, by a person holding the rank of assistant chief constable in the Police Service of Northern Ireland;

s. 94(2)(da)

where the authorising officer is within paragraph (ea) of that subsection, by a person holding the rank of deputy or assistant chief constable in the Ministry of Defence Police;

s. 94(2)(db)

where the authorising officer is within paragraph (eb) of that subsection, by a person holding the position of assistant Provost Marshal in the Royal Navy Police;

s. 94(2)(dc)

where the authorising officer is within paragraph (ec) or (ed) of that subsection, by a person holding the position of deputy Provost Marshal in the Royal Military Police or, as the case may be, in the Royal Air Force Police;

s. 94(2)(dca)

where the authorising officer is within paragraph (eda) of that subsection, by a person holding the position of deputy Provost Marshal in the tri-service serious crime unit;

s. 94(2)(dcb)

where the authorising officer is within paragraph (edb) of that subsection, by a person designated by the Service Police Complaints Commissioner for the purposes of this section;

s. 94(2)(dd)

where the authorising officer is within paragraph (ee) of that subsection, by a person holding the rank of deputy or assistant chief constable in the British Transport Police;

s. 94(2)(de)

where the authorising officer is within paragraph (ef) of that subsection, by a person holding the rank of deputy or assistant chief constable in the Civil Nuclear Constabulary;

s. 94(2)(e)

where the authorising officer is within paragraph (f) of that subsection, by a person designated for the purposes of this section by the Director General of the National Crime Agency;

s. 94(2)(f)

where the authorising officer is within paragraph (h) of that subsection, by an officer of Revenue and Customs who is a senior official within the meaning of the Regulation of Investigatory Powers Act 2000 and who is designated by the Commissioners for Her Majesty's Revenue and Customs for the purposes of this section.

s. 94(2)(fa)

where the authorising officer is within paragraph (ha) of that subsection, by a senior official (within the meaning of the Regulation of Investigatory Powers Act 2000) in the department of the Secretary of State by whom functions relating to immigration are exercisable who is designated by the Secretary of State for the purposes of this section;

s. 94(2)(fb)

in the case of an England and Wales prison authorisation, by a person—

s. 94(2)(fb)(i)

who is a member of the civil service (within the meaning of Chapter 1 of Part 1 of the Constitutional Reform and Governance Act 2010 — see section 1(4) of that Act),

s. 94(2)(fb)(ii)

whose duties are exercisable in relation to the relevant England and Wales institution, and

s. 94(2)(fb)(iii)

who is designated for the purposes of this paragraph by the Secretary of State;

s. 94(2)(fc)

in the case of a Northern Ireland prison authorisation, by a person—

s. 94(2)(fc)(i)

who is a member of the Northern Ireland Civil Service,

s. 94(2)(fc)(ii)

whose duties are exercisable in relation to the relevant Northern Ireland institution, and

s. 94(2)(fc)(iii)

who is designated for the purposes of this paragraph by the Department of Justice in Northern Ireland;

s. 94(2)(fd)

in the case of a Scottish penal institution authorisation, by a person—

s. 94(2)(fd)(i)

who is a member of staff of the Scottish Administration,

s. 94(2)(fd)(ii)

whose duties are exercisable in relation to the relevant Scottish penal institution, and

s. 94(2)(fd)(iii)

who is designated for the purposes of this paragraph by the Scottish Ministers;

s. 94(2)(g)

where the authorising officer is within paragraph (i) of that subsection, by an officer of the Competition and Markets Authority designated by it for the purposes of this section.

s. 94(2)(ga)

where the authorising officer is within paragraph (ia) of that subsection, by a staff officer of the Police Investigations and Review Commissioner who is designated by the Commissioner for the purposes of this section.

s. 94(2)(h)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 94(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 94(4)

In subsection (1), “designated deputy”—

s. 94(4)(a)

in the case of an authorising officer within paragraph (a) of section 93(5), means—

s. 94(4)(a)(i)

the person who is the appropriate deputy chief constable for the purposes of section 12A(1) of the Police Act 1996, or

s. 94(4)(a)(ii)

the person holding the rank of assistant chief constable designated to act under section 12A(2) of that Act;

s. 94(4)(aa)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 94(4)(b)

in the case of an authorising officer within paragraph (c) of section 93(5), means the person authorised to act . . . under section 25 of the City of London Police Act 1839; . . .

s. 94(4)(ba)

in the case of an England and Wales prison authorisation, a member of senior management for prisons in England and Wales who is designated for the purposes of this paragraph by the Secretary of State;

s. 94(4)(bb)

in the case of a Northern Ireland prison authorisation, a member of senior management for prisons in Northern Ireland who is designated for the purposes of this paragraph by the Department of Justice in Northern Ireland;

s. 94(4)(bc)

in the case of a Scottish penal institution authorisation, a member of senior management for penal institutions in Scotland who is designated for the purpose of this paragraph by the Scottish Ministers.

s. 94(4)(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 94(4)(d)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 94(4A)

In this section “England and Wales prison authorisation”, “member of senior management for prisons in England and Wales” and “relevant England and Wales institution” have the same meanings as in section 93.

s. 94(4B)

In this section “member of senior management for prisons in Northern Ireland”, “Northern Ireland prison authorisation” and “relevant Northern Ireland institution” have the same meanings as in section 93.

s. 94(4C)

In this section, “member of senior management for penal institutions in Scotland”, “Scottish penal institution authorisation” and “relevant Scottish penal institution” have the same meanings as in section 93.

s. 94(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 94(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 94(7)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 95 — Authorisations: form and duration etc.

s. 95(1)

An authorisation shall be in writing, except that in an urgent case an authorisation (other than one given by virtue of section 94) may be given orally.

s. 95(2)

An authorisation shall, unless renewed under subsection (3), cease to have effect—

s. 95(2)(a)

if given orally or by virtue of section 94, at the end of the period of 72 hours beginning with the time when it took effect;

s. 95(2)(b)

in any other case, at the end of the period of three months beginning with the day on which it took effect.

s. 95(3)

If at any time before an authorisation would cease to have effect the authorising officer who gave the authorisation, or in whose absence it was given, considers it necessary for the authorisation to continue to have effect for the purpose for which it was issued, he may, in writing, renew it for a period of three months beginning with the day on which it would cease to have effect.

s. 95(4)

A person shall cancel an authorisation given by him if satisfied that the authorisation is one in relation to which the requirements of paragraphs (a) and (b) of section 93(2) are no longer satisfied.

s. 95(5)

An authorising officer shall cancel an authorisation given in his absence if satisfied that the authorisation is one in relation to which the requirements of paragraphs (a) and (b) of section 93(2) are no longer satisfied.

s. 95(6)

If the authorising officer who gave the authorisation is within paragraph (b) , (d), (e) or (f) of section 93(5), the power conferred on that person by subsections (3) and (4) above shall also be exercisable by each of the other persons within the paragraph concerned.

s. 95(7)

Nothing in this section shall prevent a designated deputy from exercising the powers conferred on an authorising officer within paragraph (a) , (c) or (d) or (c) of section 93(5) by subsections (3), (4) and (5) above.

s. 96 — Notification of authorisations etc.

s. 96(1)

Where a person gives, renews or cancels an authorisation, he shall, as soon as is reasonably practicable and in accordance with arrangements made by the Investigatory Powers Commissioner, give notice in writing that he has done so to a Judicial Commissioner.

s. 96(2)

Subject to subsection (3), a notice under this section shall specify such matters as the Secretary of State may by order prescribe.

s. 96(3)

A notice under this section of the giving or renewal of an authorisation shall specify—

s. 96(3)(a)

whether section 97 applies to the authorisation or renewal, and

s. 96(3)(b)

where that section does not apply by virtue of subsection (3) of that section, the grounds on which the case is believed to be one of urgency.

s. 96(4)

Where a notice is given to a Judicial Commissioner under this section, he shall, as soon as is reasonably practicable, scrutinise the notice.

s. 96(5)

An order under subsection (2) shall be made by statutory instrument.

s. 96(6)

A statutory instrument which contains an order under subsection (2) shall not be made unless a draft has been laid before, and approved by a resolution of, each House of Parliament.

s. 97 — Authorisations requiring approval.

s. 97(1)

An authorisation to which this section applies shall not take effect until—

s. 97(1)(a)

it has been approved in accordance with this section by a Judicial Commissioner, and

s. 97(1)(b)

the person who gave the authorisation has been notified under subsection (4).

s. 97(2)

Subject to subsection (3), this section applies to an authorisation if, at the time it is given, the person who gives it believes—

s. 97(2)(a)

that any of the property specified in the authorisation—

s. 97(2)(a)(i)

is used wholly or mainly as a dwelling or as a bedroom in a hotel, or

s. 97(2)(a)(ii)

constitutes office premises, or

s. 97(2)(b)

that the action authorised by it is likely to result in any person acquiring knowledge of—

s. 97(2)(b)(i)

matters subject to legal privilege,

s. 97(2)(b)(ii)

confidential personal information, or

s. 97(2)(b)(iii)

confidential journalistic material.

s. 97(3)

This section does not apply to an authorisation where the person who gives it believes that the case is one of urgency.

s. 97(4)

Where a Judicial Commissioner receives a notice under section 96 which specifies that this section applies to the authorisation, he shall as soon as is reasonably practicable—

s. 97(4)(a)

decide whether to approve the authorisation or refuse approval, and

s. 97(4)(b)

give written notice of his decision to the person who gave the authorisation.

s. 97(5)

A Judicial Commissioner shall approve an authorisation if, and only if, he is satisfied that there are reasonable grounds for believing the matters specified in section 93(2).

s. 97(6)

Where a Judicial Commissioner refuses to approve an authorisation, he shall, as soon as is reasonably practicable, make a report of his findings to the authorising officer who gave it or in whose absence it was given ....

s. 97(6A)

The reference in subsection (6) to the authorising officer who gave the authorisation or in whose absence it was given shall be construed, in the case of an authorisation given by or in the absence of a person within paragraph (b) or (e) of section 93(5), as a reference to the Commissioner of Police or, as the case may be, Chief Constable mentioned in the paragraph concerned.

s. 97(6B)

The reference in subsection (6) to the authorising officer who gave the authorisation or in whose absence it was given shall be construed—

s. 97(6B)(a)

in the case of an authorisation given by a person within paragraph (f) of section 93(5), as a reference to that person, and

s. 97(6B)(b)

in the case of an authorisation given in the absence of such a person, as a reference to a National Crime Agency officer who is designated for the purposes of this section by the Director General of that Agency.

s. 97(7)

This section shall apply in relation to a renewal of an authorisation as it applies in relation to an authorisation (the references in subsection (2)(a) and (b) to the authorisation being construed as references to the authorisation renewed).

s. 97(8)

In this section— “office premises” has the meaning given in section 1(2) of the Offices, Shops and Railway Premises Act 1963; “hotel” means premises used for the reception of guests who desire to sleep in the premises.

s. 98 — Matters subject to legal privilege.

s. 98(1)

Subject to subsection (5) below, in section 97 “matters subject to legal privilege” means matters to which subsection (2), (3) or (4) below applies.

s. 98(2)

This subsection applies to communications between a professional legal adviser and— which are made in connection with the giving of legal advice to the client.

s. 98(2)(a)

his client, or

s. 98(2)(b)

any person representing his client,

s. 98(3)

This subsection applies to communications— which are made in connection with or in contemplation of legal proceedings and for the purposes of such proceedings.

s. 98(3)(a)

between a professional legal adviser and his client or any person representing his client, or

s. 98(3)(b)

between a professional legal adviser or his client or any such representative and any other person,

s. 98(4)

This subsection applies to items enclosed with or referred to in communications of the kind mentioned in subsection (2) or (3) and made—

s. 98(4)(a)

in connection with the giving of legal advice, or

s. 98(4)(b)

in connection with or in contemplation of legal proceedings and for the purposes of such proceedings.

s. 98(5)

For the purposes of section 97—

s. 98(5)(a)

communications and items are not matters subject to legal privilege when they are in the possession of a person who is not entitled to possession of them, and

s. 98(5)(b)

communications and items held, or oral communications made, with the intention of furthering a criminal purpose are not matters subject to legal privilege.

s. 99 — Confidential personal information.

s. 99(1)

In section 97 “confidential personal information” means—

s. 99(1)(a)

personal information which a person has acquired or created in the course of any trade, business, profession or other occupation or for the purposes of any paid or unpaid office, and which he holds in confidence, and

s. 99(1)(b)

communications as a result of which personal information—

s. 99(1)(b)(i)

is acquired or created as mentioned in paragraph (a), and

s. 99(1)(b)(ii)

is held in confidence.

s. 99(2)

For the purposes of this section “personal information” means information concerning an individual (whether living or dead) who can be identified from it and relating—

s. 99(2)(a)

to his physical or mental health, or

s. 99(2)(b)

to spiritual counselling or assistance given or to be given to him.

s. 99(3)

A person holds information in confidence for the purposes of this section if he holds it subject—

s. 99(3)(a)

to an express or implied undertaking to hold it in confidence, or

s. 99(3)(b)

to a restriction on disclosure or an obligation of secrecy contained in any enactment (including an enactment contained in an Act passed after this Act).

s. 100 — Confidential journalistic material.

s. 100(1)

In section 97 “confidential journalistic material” means—

s. 100(1)(a)

material acquired or created for the purposes of journalism which—

s. 100(1)(a)(i)

is in the possession of persons who acquired or created it for those purposes,

s. 100(1)(a)(ii)

is held subject to an undertaking, restriction or obligation of the kind mentioned in section 99(3), and

s. 100(1)(a)(iii)

has been continuously held (by one or more persons) subject to such an undertaking, restriction or obligation since it was first acquired or created for the purposes of journalism, and

s. 100(1)(b)

communications as a result of which information is acquired for the purposes of journalism and held as mentioned in paragraph (a)(ii).

s. 100(2)

For the purposes of subsection (1), a person who receives material, or acquires information, from someone who intends that the recipient shall use it for the purposes of journalism is to be taken to have acquired it for those purposes.

s. 101 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 102 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 103 — Quashing of authorisations etc.

s. 103(1)

Where, at any time, a Judicial Commissioner is satisfied that, at the time an authorisation was given or renewed, there were no reasonable grounds for believing the matters specified in section 93(2), he may quash the authorisation or, as the case may be, renewal.

s. 103(2)

Where, in the case of an authorisation or renewal to which section 97 does not apply, a Judicial Commissioner is at any time satisfied that, at the time the authorisation was given or, as the case may be, renewed,— he may quash the authorisation or, as the case may be, renewal.

s. 103(2)(a)

there were reasonable grounds for believing any of the matters specified in subsection (2) of section 97, and

s. 103(2)(b)

there were no reasonable grounds for believing the case to be one of urgency for the purposes of subsection (3) of that section,

s. 103(3)

Where a Judicial Commissioner quashes an authorisation or renewal under subsection (1) or (2), he may order the destruction of any records relating to information obtained by virtue of the authorisation (or, in the case of a renewal, relating wholly or partly to information so obtained after the renewal) other than records required for pending criminal or civil proceedings.

s. 103(4)

If a Judicial Commissioner is satisfied that, at any time after an authorisation was given or, in the case of an authorisation renewed under section 95, after it was renewed, there were no reasonable grounds for believing the matters specified in section 93(2), he may cancel the authorisation.

s. 103(5)

Where— he may order the destruction of any records relating, wholly or partly, to information which was obtained by virtue of the authorisation after that time (other than records required for pending criminal or civil proceedings).

s. 103(5)(a)

an authorisation has ceased to have effect (otherwise than by virtue of subsection (1) or (2)), and

s. 103(5)(b)

a Judicial Commissioner is satisfied that, at any time during the period of the authorisation, there were no reasonable grounds for believing the matters specified in section 93(2),

s. 103(6)

Where a Judicial Commissioner exercises his powers under subsection (1), (2) or (4), he shall, if he is satisfied that there are reasonable grounds for doing so, order that the authorisation shall be effective, for such period as he shall specify, so far as it authorises the taking of action to retrieve anything left on property in accordance with the authorisation.

s. 103(7)

Where a Judicial Commissioner (other than the Investigatory Powers Commissioner) exercises a power conferred by this section, he shall, as soon as is reasonably practicable, make a report of his findings— and subsection (6A) of section 97 shall apply for the purposes of this subsection as it applies for the purposes of subsection (6) of that section.

s. 103(7)(a)

to the authorising officer who gave the authorisation or in whose absence it was given, and

s. 103(7)(b)

to the Investigatory Powers Commissioner;

s. 103(8)

Where— the order shall not become operative until any period for appealing against the decision has expired and, where an appeal is made, a decision dismissing it has been made by the Investigatory Powers Commissioner.

s. 103(8)(a)

a decision is made under subsection (1) or (2) and an order for the destruction of records is made under subsection (3), or

s. 103(8)(b)

a decision to order the destruction of records is made under subsection (5),

s. 103(9)

A Judicial Commissioner may exercise any of the powers conferred by this section notwithstanding any approval given under section 97.

s. 104 — Appeals by authorising officers.

s. 104(1)

An authorising officer who gives an authorisation, or in whose absence it is given, may, within the prescribed period, appeal to the Investigatory Powers Commissioner (except where the original decision was made by that Commissioner) against—

s. 104(1)(a)

any refusal to approve the authorisation or any renewal of it under section 97;

s. 104(1)(b)

any decision to quash the authorisation, or any renewal of it, under subsection (1) of section 103;

s. 104(1)(c)

any decision to quash the authorisation, or any renewal of it, under subsection (2) of that section;

s. 104(1)(d)

any decision to cancel the authorisation under subsection (4) of that section;

s. 104(1)(e)

any decision to order the destruction of records under subsection (5) of that section;

s. 104(1)(f)

any refusal to make an order under subsection (6) of that section;

s. 104(1)(g)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 104(2)

In subsection (1), “the prescribed period” means the period of seven days beginning with the day on which the refusal, decision or, as the case may be, determination appealed against is reported to the authorising officer.

s. 104(3)

In determining an appeal within subsection (1)(a), the Investigatory Powers Commissioner shall, if he is satisfied that there are reasonable grounds for believing the matters specified in section 93(2), allow the appeal and direct the Judicial Commissioner concerned to approve the authorisation or renewal under that section.

s. 104(4)

In determining— the Investigatory Powers Commissioner shall allow the appeal unless he is satisfied that, at the time the authorisation was given or, as the case may be, renewed there were no reasonable grounds for believing the matters specified in section 93(2).

s. 104(4)(a)

an appeal within subsection (1)(b), . . .

s. 104(4)(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 104(5)

In determining— the Investigatory Powers Commissioner shall allow the appeal unless he is satisfied as mentioned in section 103(2).

s. 104(5)(a)

an appeal within subsection (1)(c), . . .

s. 104(5)(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 104(6)

In determining— the Investigatory Powers Commissioner shall allow the appeal unless he is satisfied that at the time to which the decision relates there were no reasonable grounds for believing the matters specified in section 93(2).

s. 104(6)(a)

an appeal within subsection (1)(d) or (e), . . .

s. 104(6)(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 104(7)

In determining an appeal within subsection (1)(f), the Investigatory Powers Commissioner shall allow the appeal and order that the authorisation shall be effective to the extent mentioned in section 103(6), for such period as he shall specify, if he is satisfied that there are reasonable grounds for making such an order.

s. 104(8)

Where an appeal is allowed under this section, the Investigatory Powers Commissioner shall—

s. 104(8)(a)

in the case of an appeal within subsection (1)(b) or (c), also quash any order made by the Judicial Commissioner concerned to destroy records relating to information obtained by virtue of the authorisation concerned, . . .

s. 104(8)(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 105 — Appeals by authorising officers: supplementary.

s. 105(1)

Where the Investigatory Powers Commissioner determines an appeal under section 104—

s. 105(1)(a)

he shall give notice of his determination—

s. 105(1)(a)(i)

to the authorising officer concerned, and

s. 105(1)(a)(ii)

to the Judicial Commissioner against whose refusal, decision or determination the appeal was made, . . .

s. 105(1)(a)(iii)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 105(1)(b)

if he dismisses the appeal, he shall make a report of his findings—

s. 105(1)(b)(i)

to the authorising officer concerned,

s. 105(1)(b)(ii)

to the Judicial Commissioner against whose refusal, decision or determination the appeal was made, and

s. 105(1)(b)(iii)

... to the Prime Minister and the Scottish Ministers.

s. 105(2)

Subject to subsection (1)(b), the Investigatory Powers Commissioner shall not give any reasons for a determination under section 104.

s. 105(3)

Nothing in section 104 shall prevent a designated deputy from exercising the powers conferred by subsection (1) of that section on an authorising officer within paragraph (a) or (c) of section 93(5).

s. 106 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 107 — Supplementary provisions relating to Commissioners.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 108 — Interpretation of Part III.

s. 108(1)

In this Part— “Assistant Commissioner of Police of the Metropolis” includes the Deputy Commissioner of Police of the Metropolis; “authorisation” means an authorisation under section 93; “authorising officer” has the meaning given by section 93(5); “criminal proceedings” includes proceedings (whether or not before a court) in respect of a service offence within the meaning of the Armed Forces Act 2006; ... “designated deputy” has the meaning given in section 94(4); “the Investigatory Powers Commissioner” and “Judicial Commissioner” have the same meanings as in the Investigatory Powers Act 2016 (see section 263(1) of that Act); “tri-service serious crime unit” means the unit described in section 375(1A) of the Armed Forces Act 2006; “United Kingdom waters” has the meaning given in section 30(5) of the Police Act 1996; and “wireless telegraphy” has the same meaning as in the Wireless Telegraphy Act 2006 and, in relation to wireless telegraphy, “interfere” has the same meaning as in that Act.

s. 108(1A)

A reference in this Part to a staff officer of the Police Investigations and Review Commissioner is to any person who—

s. 108(1A)(a)

is a member of the Commissioner's staff appointed under paragraph 7A of schedule 4 to the Police, Public Order and Criminal Justice (Scotland) Act 2006, or

s. 108(1A)(b)

is a member of the Commissioner's staff appointed under paragraph 7 of that schedule to whom paragraph 7B(2) of that schedule applies.

s. 108(2)

Where, under this Part, notice of any matter is required to be given in writing, the notice may be transmitted by electronic means.

s. 108(3)

For the purposes of this Part, an authorisation (or renewal) given— shall be treated as an authorisation (or renewal) given in the absence of the authorising officer concerned; and references to the authorising officer in whose absence an authorisation (or renewal) was given shall be construed accordingly.

s. 108(3)(a)

by the designated deputy of an authorising officer, or

s. 108(3)(b)

by a person on whom an authorising officer’s powers are conferred by section 94,

Part IV

Police Information Technology Organisation

s. 109 — Police Information Technology Organisation.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 110 — Relationship between the Organisation and the Secretary of State.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 111 — Interpretation of Part IV.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part V

Certificates of Criminal Records, &c.

s. 112 — Criminal conviction certificates.

s. 112(1)

The Secretary of State DBS shall issue a criminal conviction certificate to any individual who—

s. 112(1)(a)

makes an application...,

s. 112(1)(aa)

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

s. 112(1)(b)

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

s. 112(2)

A criminal conviction certificate is a certificate which—

s. 112(2)(a)

gives the prescribed details of every conviction or conditional caution of the applicant which is recorded in central records, or

s. 112(2)(b)

states that there is no such conviction are no such convictions and conditional cautions.

s. 112(3)

In this section— “central records” means such records of convictions and conditional cautions held for the use of police forces generally as may be prescribed; “conditional caution” means a caution given under section 22 of the Criminal Justice Act 2003 (c. 44) or section 66A of the Crime and Disorder Act 1998, other than one that is spent for the purposes of Schedule 2 to the Rehabilitation of Offenders Act 1974. “conviction” means a conviction within the meaning of the Rehabilitation of Offenders Act 1974, other than a spent conviction.

s. 112(4)

Where an applicant has received a criminal conviction certificate, the Secretary of State DBS may refuse to issue another certificate to that applicant during such period as may be prescribed.

s. 113 — Criminal record certificates.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 113A — Criminal record certificates

s. 113A(1)

DBS must issue a criminal record certificate to any individual who—

s. 113A(1)(a)

makes an application...,

s. 113A(1)(aa)

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

s. 113A(1)(b)

pays in the prescribed manner any prescribed fee.

s. 113A(2)

The application must—

s. 113A(2)(a)

be countersigned by a registered person, and

s. 113A(2)(b)

be accompanied by a statement by the registered person that the certificate is required for the purposes of an exempted question.

s. 113A(2A)

But an application for a criminal record certificate need not be countersigned by a registered person if—

s. 113A(2A)(a)

the application is transmitted to DBS electronically by a registered person who satisfies conditions determined by DBS, and

s. 113A(2A)(b)

it is transmitted in accordance with requirements determined by DBS.

s. 113A(3)

A criminal record certificate is a certificate which—

s. 113A(3)(a)

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

s. 113A(3)(b)

states that there is no such matter.

s. 113A(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 113A(5)

DBS may treat an application under this section as an application under section 113B if—

s. 113A(5)(a)

in its opinion the certificate is required for a purpose prescribed under subsection (2) of that section,

s. 113A(5)(b)

the registered person provides it with the statement required by that subsection, and

s. 113A(5)(c)

the applicant consents and pays to DBS the amount (if any) by which the fee payable in relation to an application under that section exceeds the fee paid in relation to the application under this section.

s. 113A(6)

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 which—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—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;“relevant matter”, in this section as it has effect in England and Wales, means—any of the following convictions—a conviction of an offence within subsection (6D); a conviction in respect of which a custodial sentence or a sentence of service detention was imposed;... a current conviction; or a conviction which is not a spent conviction within the meaning of the Rehabilitation of Offenders Act 1974;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a caution given in respect of an offence within subsection (6D) where the person was aged 18 or over on the date it was given; a current caution; a caution which is not spent for the purposes of Schedule 2 to the Rehabilitation of Offenders Act 1974.

s. 113A(6D)

The offences referred to in paragraphs (a)(i) and (c) of the definition of “relevant matter” in subsection (6), as it has effect in England and Wales, are as follows—

s. 113A(6D)(a)

murder;

s. 113A(6D)(b)

an offence under section 67(1A) of the Medicines Act 1968 (prescribing, etc. a medicinal product in contravention of certain conditions);

s. 113A(6D)(c)

an offence under any of sections 126 to 129 of the Mental Health Act 1983;

s. 113A(6D)(d)

an offence specified in the Schedule to the Disqualification from Caring for Children (England) Regulations 2002;

s. 113A(6D)(e)

an offence specified in Schedule 15 to the Criminal Justice Act 2003 (specified offences for the purposes of Chapter 5 of Part 12 of that Act (dangerous offenders));

s. 113A(6D)(f)

an offence under the following provisions of the Mental Capacity Act 2005—

s. 113A(6D)(f)(i)

section 44 (ill-treatment or neglect);

s. 113A(6D)(f)(ii)

paragraph 4 of Schedule 1 (applications and procedure for registration);

s. 113A(6D)(f)(iii)

paragraph 4 of Schedule 4 (duties of attorney in event of incapacity of donor);

s. 113A(6D)(g)

an offence under section 7, 9 or 19 of the Safeguarding Vulnerable Groups Act 2006 (offences in respect of regulated activity);

s. 113A(6D)(h)

an offence specified in section 17(3)(a), (b) or (c) of the Health and Social Care Act 2008 (cancellation of registration), apart from an offence under section 76 of that Act (disclosure of confidential personal information);

s. 113A(6D)(i)

an offence specified in the Schedule to the Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria and Miscellaneous Provisions) Regulations 2009;

s. 113A(6D)(j)

an offence specified in Schedule 2 or 3 to the Childcare (Disqualification) Regulations 2009;

s. 113A(6D)(k)

an offence which has been superseded (directly or indirectly) by an offence within paragraphs (a) to (j);

s. 113A(6D)(l)

an offence of—or an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) committed in relation to any such offence;

s. 113A(6D)(l)(i)

attempting or conspiring to commit any offence falling within paragraphs (a) to (k), or

s. 113A(6D)(l)(ii)

inciting or aiding, abetting, counselling or procuring the commission of any such offence,

s. 113A(6D)(m)

an offence under the law of Scotland or Northern Ireland or any territory outside the United Kingdom which corresponds to an offence under the law of England and Wales within any of paragraphs (a) to (l);

s. 113A(6D)(n)

any offence under section 42 of the Armed Forces Act 2006 in relation to which the corresponding offence under the law of England and Wales (within the meaning of that section) is an offence within any of paragraphs (a) to (l);

s. 113A(6D)(o)

an offence under section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957 of which the corresponding civil offence (within the meaning of that Act) is an offence within any of paragraphs (a) to (l).

s. 113A(6E)

For the purposes of the definition of “relevant matter” as it has effect in England and Wales—

s. 113A(6E)(a)

“conviction” has the same meaning as in the Rehabilitation of Offenders Act 1974, and includes a spent conviction within the meaning of that Act;

s. 113A(6E)(b)

“caution” includes a caution which is spent for the purposes of Schedule 2 to that Act but excludes a disregarded caution within the meaning of Chapter 4 of Part 5 of the Protection of Freedoms Act 2012;

s. 113A(6E)(c)

a person’s conviction is a current conviction if—

s. 113A(6E)(c)(i)

the person was aged 18 or over on the date of the conviction and that date fell within the 11 year period ending with the day on which the certificate is issued, or

s. 113A(6E)(c)(ii)

the person was aged under 18 on the date of conviction and that date fell within the period of 5 years and 6 months ending with the day on which the certificate is issued;

s. 113A(6E)(d)

a caution given to a person is a current caution if—

s. 113A(6E)(d)(i)

the person was aged 18 or over on the date it was given and that date fell within the 6 year period ending with the day on which the certificate is issued,...

s. 113A(6E)(d)(ii)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 113A(6E)(e)

“custodial sentence” and “sentence of service detention” have the same meaning as in section 5(8) of the Rehabilitation of Offenders Act 1974.

s. 113A(6F)

Section 139(1) and (4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (which amends section 5(8) of the Rehabilitation of Offenders Act 1974) is to be treated for the purposes of subsection (6E)(e) as being in force when subsection (6E)(e) comes into force.

s. 113A(7)

The Secretary of State may by order amend the definitions of “central records” and “relevant matter” in subsection (6).

s. 113A(8)

The power to make an order under subsection (7) is exercisable by statutory instrument, but no such order may be made unless a draft of the instrument containing the order is laid before and approved by resolution of each House of Parliament.

s. 113A(9)

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—

s. 113A(9)(a)

countersigns the application, or

s. 113A(9)(b)

transmits the application to DBS under subsection (2A).

s. 113A(10)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 113B — Enhanced criminal record certificates

“central records”, “exempted question”, and “relevant matter” have the same meaning as in section 113A; “relevant chief officer” means any chief officer of a police force who is identified by DBS for the purposes of making a request under subsection (4). ...

s. 113B(1)

DBS must issue an enhanced criminal record certificate to any individual who—

s. 113B(1)(a)

makes an application...,

s. 113B(1)(aa)

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

s. 113B(1)(b)

pays in the prescribed manner any prescribed fee.

s. 113B(2)

The application must—

s. 113B(2)(a)

be countersigned by a registered person, and

s. 113B(2)(b)

be accompanied by a statement by the registered person that the certificate is required for the purposes of an exempted question asked for a prescribed purpose.

s. 113B(2A)

But an application for an enhanced criminal record certificate need not be countersigned by a registered person if—

s. 113B(2A)(a)

the application is transmitted to DBS electronically by a registered person who satisfies conditions determined by DBS, and

s. 113B(2A)(b)

it is transmitted in accordance with requirements determined by DBS.

s. 113B(3)

An enhanced criminal record certificate is a certificate which—

s. 113B(3)(a)

gives the prescribed details of every relevant matter relating to the applicant which is recorded in central records and any information provided in accordance with subsection (4), or

s. 113B(3)(b)

states that there is no such matter or information.

s. 113B(4)

Before issuing an enhanced criminal record certificate DBS must request any relevant chief officer to provide any information which...—

s. 113B(4)(a)

the chief officer reasonably believes to be relevant for the purpose described in the statement under subsection (2), and

s. 113B(4)(b)

in the chief officer's opinion, ought to be included in the certificate.

s. 113B(4A)

In exercising functions under subsection (4) a relevant chief officer must have regard to any guidance for the time being published by the Secretary of State.

s. 113B(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 113B(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 113B(7)

DBS may treat an application under this section as an application under section 113A if in its opinion the certificate is not required for a purpose prescribed under subsection (2).

s. 113B(8)

If by virtue of subsection (7) DBS treats an application under this section as an application under section 113A, it 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 113A.

s. 113B(9)

In this section—

s. 113B(10)

For the purposes of this section references to a police force include any of the following— and any reference to the chief officer of a police force includes the person responsible for the direction of a body mentioned in this subsection.

s. 113B(10)(a)

the Royal Navy Police;

s. 113B(10)(c)

the Royal Military Police;

s. 113B(10)(d)

the Royal Air Force Police;

s. 113B(10)(e)

the Ministry of Defence Police;

s. 113B(10)(f)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 113B(10)(g)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 113B(10)(h)

the British Transport Police;

s. 113B(10)(i)

the Civil Nuclear Constabulary;

s. 113B(10)(j)

the States of Jersey Police Force;

s. 113B(10)(k)

the salaried police force of the Island of Guernsey;

s. 113B(10)(l)

the Isle of Man Constabulary;

s. 113B(10)(m)

a body with functions in any country or territory outside the British Islands which correspond to those of a police force in any part of the United Kingdom,

s. 113B(11)

For the purposes of this section each of the following must be treated as if it were a police force—

s. 113B(11)(a)

the Commissioners for Her Majesty's Revenue and Customs (and for this purpose a reference to the chief officer of a police force must be taken to be a reference to any one of the Commissioners);

s. 113B(11)(b)

the National Crime Agency(and for this purpose a reference to the chief officer of a police force must be taken to be a reference to the Director General of the Agency);

s. 113B(11)(ba)

the tri-service serious crime unit (and for this purpose a reference to the chief officer of a police force must be taken to be a reference to the Provost Marshal for serious crime);

s. 113B(11)(c)

such other department or body as is prescribed (and regulations may prescribe in relation to the department or body the person to whom a reference to the chief officer is to be taken to be).

s. 113B(12)

For the purposes of this Part a person acts as the registered person in relation to an application for an enhanced criminal record certificate if the person—

s. 113B(12)(a)

countersigns the application, or

s. 113B(12)(b)

transmits the application to DBS under subsection (2A).

s. 113B(13)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 113BA — Suitability information relating to children

s. 113BA(1)

In such cases as are prescribed, an enhanced criminal record certificate must also include suitability information relating to children.

s. 113BA(2)

Suitability information relating to children is—

s. 113BA(2)(a)

whether the applicant is barred from regulated activity relating to children;

s. 113BA(2)(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 113BA(2)(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 113BA(2)(d)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 113BA(2)(e)

whether the applicant is subject to a direction under section 128 of the Education and Skills Act 2008 (prohibition on participation in management of independent educational institution in England) or section 167A of the Education Act 2002 (prohibition on participation in management of independent school in Wales).

s. 113BA(3)

Expressions used in this section and in the 2006 Act have the same meaning in this section as in that Act, except that “prescribed” must be construed in accordance with section 125 of this Act.

s. 113BA(4)

“The 2006 Act” means the Safeguarding Vulnerable Groups Act 2006.

s. 113BB — Suitability information relating to vulnerable adults

s. 113BB(1)

In such cases as are prescribed, an enhanced criminal record certificate must also include suitability information relating to vulnerable adults.

s. 113BB(2)

Suitability information relating to vulnerable adults is —

s. 113BB(2)(a)

whether the applicant is barred from regulated activity relating to vulnerable adults;

s. 113BB(2)(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 113BB(2)(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 113BB(2)(d)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 113BB(3)

Expressions used in this section and in the 2006 Act have the same meaning in this section as in that Act, except that “prescribed” must be construed in accordance with section 125 of this Act.

s. 113BB(4)

“The 2006 Act” means the Safeguarding Vulnerable Groups Act 2006.

s. 113BC — Suitability information: power to amend

s. 113BC(1)

The Secretary of State may by order made by statutory instrument—

s. 113BC(1)(a)

amend section 113BA for the purpose of altering the meaning of suitability information relating to children;

s. 113BC(1)(b)

amend section 113BB for the purpose of altering the meaning of suitability information relating to vulnerable adults;

s. 113BC(1)(c)

amend section 120AC(4)(b) in consequence of an order made under paragraph (a) or (b).

s. 113BC(1)(c)

amend section 120AC(4)(b) in consequence of an order made under paragraph (a) or (b).

s. 113BC(2)

Such an order is subject to annulment in pursuance of a resolution of either House of Parliament.

s. 113CA — Suitability information relating to children

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 113CB — Suitability information relating to protected adults

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 113CC — Suitability information: supplementary

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 113C — Criminal record certificates: suitability relating to children

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 113D — Criminal record certificates: suitability relating to adults

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 113E — Criminal record certificates: specified children's and adults' lists: urgent cases

s. 113E(1)

Subsection (2) applies to an application under section 113A or 113B if—

s. 113E(1)(a)

it is accompanied by a children's suitability statement,

s. 113E(1)(b)

the registered person requests an urgent preliminary response, and

s. 113E(1)(c)

the applicant pays in the prescribed manner such additional fee as is prescribed in respect of the application.

s. 113E(2)

The Secretary of State DBS must notify the registered person—

s. 113E(2)(a)

if the applicant is not included in a specified children's list, of that fact;

s. 113E(2)(b)

if the applicant is included in such a list, of the details prescribed for the purposes of section 113C(1)(b) above;

s. 113E(2)(c)

if the applicant is not subject to a specified children's direction, of that fact;

s. 113E(2)(d)

if the applicant is subject to such a direction, of the grounds on which the direction was given and the details prescribed for the purposes of section 113C(1)(d) above.

s. 113E(3)

Subsection (4) applies to an application under section 113A or 113B if—

s. 113E(3)(a)

it is accompanied by an adults' suitability statement,

s. 113E(3)(b)

the registered person requests an urgent preliminary response, and

s. 113E(3)(c)

the applicant pays in the prescribed manner such additional fee as is prescribed in respect of the application.

s. 113E(4)

The Secretary of State DBS must notify the registered person either—

s. 113E(4)(a)

that the applicant is not included in a specified adults' list, or

s. 113E(4)(b)

that a criminal record certificate or enhanced criminal record certificate will be issued in due course.

s. 113E(5)

In this section— “criminal record certificate” has the same meaning as in section 113A; “enhanced criminal record certificate” has the same meaning as in section 113B; “children's suitability statement” “, specified children's direction” and “specified children's list” have the same meaning as in section 113C; “adults' suitability statement” and “specified adults' list” have the same meaning as in section 113D.

s. 113F — Criminal record certificates: supplementary

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 114 — Criminal record certificates: Crown employment.

s. 114(1)

The Secretary of State DBS shall issue a criminal record certificate to any individual who—

s. 114(1)(a)

makes an application under this section...,

s. 114(1)(aa)

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

s. 114(1)(aa)

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

s. 114(1)(b)

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

s. 114(2)

An application under this section must be accompanied by a statement by a Minister of the Crown that the certificate is required for the purposes of an exempted question asked in the course of considering the applicant’s suitability for an appointment by or under the Crown.

s. 114(3)

Sections 113A(3) to (6), 120AC and 120AD shall apply in relation to this section with any necessary modifications.

s. 115 — Enhanced criminal record certificates.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 116 — Enhanced criminal record certificates: judicial appointments and Crown employment.

s. 116(1)

The Secretary of State DBS shall issue an enhanced criminal record certificate to any individual who—

s. 116(1)(a)

makes an application under this section...,

s. 116(1)(aa)

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

s. 116(1)(aa)

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

s. 116(1)(b)

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

s. 116(2)

An application under this section must be accompanied by a statement by a Minister of the Crown, or a person nominated by a Minister of the Crown, that the certificate is required for the purposes of an exempted question asked in the course of considering the applicant’s suitability for—

s. 116(2)(a)

a judicial appointment, or

s. 116(2)(b)

an appointment by or under the Crown to a position of such description as may be prescribed.

s. 116(3)

Sections 113B(3) to (11), 113BA to 113BC, 120AC and 120AD shall apply in relation to this section with any necessary modifications.

s. 116ZA — Copies of criminal record certificate or enhanced criminal record certificate

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 116ZB — Application for an order for a new criminal record certificate or enhanced criminal record certificate

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 116A — Up-dating certificates

s. 116A(1)

DBS must, on the request of a relevant person and subject to subsection (2), give up-date information to that person about—which is subject to up-date arrangements.

s. 116A(1)(a)

a criminal conviction certificate,

s. 116A(1)(b)

a criminal record certificate, or

s. 116A(1)(c)

an enhanced criminal record certificate,

s. 116A(2)

DBS may impose conditions about—

s. 116A(2)(a)

the information to be supplied in connection with such a request for the purpose of enabling the Secretary of State to decide whether the person is a relevant person,

s. 116A(2)(b)

any other information to be supplied in connection with such a request.

s. 116A(3)

For the purposes of subsection (1) a certificate is subject to up-date arrangements if condition A, B or C is met and the arrangements have not ceased to have effect in accordance with a notice given under section 118(3B).

s. 116A(4)

Condition A is that—

s. 116A(4)(a)

the individual who applied for the certificate made an application at the same time to DBS for the certificate to be subject to up-date arrangements,

s. 116A(4)(b)

the individual has paid in the prescribed manner any prescribed fee,

s. 116A(4)(c)

DBS has granted the application for the certificate to be subject to up-date arrangements, and

s. 116A(4)(d)

the period of 12 months beginning with the date on which the grant comes into force has not expired.

s. 116A(5)

Condition B is that—

s. 116A(5)(a)

the individual whose certificate it is has made an application to DBS to renew or (as the case may be) further renew unexpired up-date arrangements in relation to the certificate,

s. 116A(5)(b)

the individual has paid in the prescribed manner any prescribed fee,

s. 116A(5)(c)

DBS has granted the application,

s. 116A(5)(d)

the grant has come into force on the expiry of the previous up-date arrangements, and

s. 116A(5)(e)

the period of 12 months beginning with the date on which the grant has come into force has not expired.

s. 116A(6)

Condition C is that—

s. 116A(6)(a)

the certificate was issued under section 117(2) or 117A(5)(b), and

s. 116A(6)(b)

the certificate which it superseded—

s. 116A(6)(b)(i)

was subject to up-date arrangements immediately before it was superseded, and

s. 116A(6)(b)(ii)

would still be subject to those arrangements had it not been superseded.

s. 116A(7)

DBS must not grant an application as mentioned in subsection (4)(c) or (5)(c) unless any fee prescribed under subsection (4)(b) or (as the case may be) (5)(b) has been paid in the manner so prescribed.

s. 116A(8)

In this section “up-date information” means—

s. 116A(8)(a)

in relation to a criminal conviction certificate or a criminal record certificate—

s. 116A(8)(a)(i)

information that there is no information recorded in central records which would be included in a new certificate but is not included in the current certificate, or

s. 116A(8)(a)(ii)

advice to apply for a new certificate or (as the case may be) request another person to apply for such a certificate,

s. 116A(8)(b)

in relation to an enhanced criminal record certificate which includes suitability information relating to children or vulnerable adults—

s. 116A(8)(b)(i)

information that there is no information recorded in central records, no information of the kind mentioned in section 113B(4), and no information of the kind mentioned in section 113BA(2) or (as the case may be) 113BB(2), which would be included in a new certificate but is not included in the current certificate, or

s. 116A(8)(b)(ii)

advice to apply for a new certificate or (as the case may be) request another person to apply for such a certificate, and

s. 116A(8)(c)

in relation to any other enhanced criminal record certificate—

s. 116A(8)(c)(i)

information that there is no information recorded in central records, nor any information of the kind mentioned in section 113B(4), which would be included in a new certificate but is not included in the current certificate, or

s. 116A(8)(c)(ii)

advice to apply for a new certificate or (as the case may be) request another person to apply for such a certificate.

s. 116A(9)

If up-date information is given under subsection (8)(a)(i), (8)(b)(i) or (8)(c)(i) and the certificate to which that information relates is one to which subsection (10) applies, the up-date information must include that fact.

s. 116A(10)

This subsection applies to a certificate which—

s. 116A(10)(a)

in the case of a criminal conviction certificate, states that there are no convictions or conditional cautions of the applicant recorded in central records,

s. 116A(10)(b)

in the case of a criminal record certificate, is as described in section 120AC(3), and

s. 116A(10)(c)

in the case of an enhanced criminal record certificate, is as described in section 120AC(4).

s. 116A(11)

In this section—“central records” has the same meaning as in section 113A,“criminal record certificate” includes a certificate under section 114,“enhanced criminal record certificate” includes a certificate under section 116,“exempted question” has the same meaning as in section 113A,“relevant person” means—in relation to a criminal conviction certificate—the individual whose certificate it is, or any person authorised by the individual, in relation to a criminal record certificate—the individual whose certificate it is, or any person who is authorised by the individual and is seeking the information for the purposes of an exempted question, and in relation to an enhanced criminal record certificate—the individual whose certificate it is, or any person who is authorised by the individual and is seeking the information for the purposes of an exempted question asked for a purpose prescribed under section 113B(2)(b).

s. 117 — Disputes about accuracy of certificates certificates and up-date information.

s. 117(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 in writing to the Secretary of State DBS for a new certificate.

s. 117(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 DBS for a decision as to whether or not the information is inaccurate.

s. 117(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.

s. 117(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 DBS for corrected up-date information.

s. 117(2)

The Secretary of State DBS shall consider any application under this section; and where he it is of the opinion that the information in the certificate is inaccurate, or that the wrong up-date information has been given, he it shall issue a new certificate or (as the case may be) corrected up-date information.

s. 117(2A)

In this section— “corrected up-date information”, in relation to a certificate, means information which includes— information that the wrong up-date information was given in relation to the certificate on a particular date, and new up-date information in relation to the certificate, “up-date information” has the same meaning as in section 116A.

s. 117A — Other disputes about section 113B(4) information

s. 117A(1)

Subsection (2) applies if a person believes that information provided in accordance with section 113B(4) and included in a certificate under section 113B or 116 —

s. 117A(1)(a)

is not relevant for the purpose described in the statement under section 113B(2) or (as the case may be) 116(2), or

s. 117A(1)(b)

ought not to be included in the certificate.

s. 117A(2)

The person may apply in writing to the independent monitor appointed under section 119B for a decision as to whether the information is information which falls within subsection (1)(a) or (b) above.

s. 117A(3)

The independent monitor, on receiving such an application, must ask such chief officer of a police force as the independent monitor considers appropriate to review whether the information concerned is information which—

s. 117A(3)(a)

the chief officer reasonably believes to be relevant for the purpose described in the statement under section 113B(2) or (as the case may be) 116(2), and

s. 117A(3)(b)

in the chief officer's opinion, ought to be included in the certificate.

s. 117A(4)

In exercising functions under subsection (3), the chief officer concerned must have regard to any guidance for the time being published under section 113B(4A).

s. 117A(5)

If, following a review under subsection (3), the independent monitor considers that any of the information concerned is information which falls within subsection (1)(a) or (b)—

s. 117A(5)(a)

the independent monitor must inform DBS of that fact, and

s. 117A(5)(b)

on being so informed, DBS must issue a new certificate.

s. 117A(6)

In issuing such a certificate, DBS must proceed as if the information which falls within subsection (1)(a) or (b) had not been provided under section 113B(4).

s. 117A(7)

In deciding for the purposes of this section whether information is information which falls within subsection (1)(a) or (b), the independent monitor must have regard to any guidance for the time being published under section 113B(4A).

s. 117A(8)

Subsections (10) and (11) of section 113B apply for the purposes of this section as they apply for the purposes of that section.

s. 117B — Review of criminal record certificates

Schedule 8A (which provides for an independent review of certain criminal record certificates) has effect.

s. 118 — Evidence of identity.

s. 118(1)

The Secretary of State DBS may refuse to issue a certificate under this Part, or to consider an application as mentioned in section 116A(4)(a) or (5)(a) or an application under section 117, 117A or 120, unless the application is supported by such evidence of identity as he it may require.

s. 118(2)

In particular, the Secretary of State DBS may refuse to issue a certificate or consider an application unless the applicant—

s. 118(2)(a)

has his fingerprints taken at such place and in such manner as may be prescribed, and

s. 118(2)(b)

pays the prescribed fee to such person as may be prescribed.

s. 118(2A)

For the purpose of verifying evidence of identity supplied in pursuance of subsection (1) the Secretary of State DBS may obtain such information as he it thinks is appropriate from data held—

s. 118(2A)(a)

by the United Kingdom Passport Agency;

s. 118(2A)(b)

by the Driver and Vehicle Licensing Agency;

s. 118(2A)(c)

by Driver and Vehicle Licensing Northern Ireland;

s. 118(2A)(d)

by the Secretary of State in connection with keeping records of national insurance numbers;

s. 118(2A)(e)

by such other persons or for such purposes as is prescribed.

s. 118(3)

Regulations dealing with the taking of fingerprints may make provision requiring their destruction in specified circumstances and by specified persons.

s. 118(3A)

DBS by notice given in writing may require a person who has a certificate which is subject to up-date arrangements under section 116A to attend at a place and time specified in the notice to provide fingerprints for the sole purpose of enabling DBS to verify whether information in the possession of DBS that DBS considers may be relevant to the person's certificate does relate to that person.

s. 118(3B)

If a person fails to comply with a requirement imposed under subsection (3A), DBS by notice given in writing may inform that person that, from a date specified in the notice, the person's certificate is to cease to be subject to up-date arrangements.

s. 118(4)

Regulations prescribing a fee for the purposes of subsection (2)(b) shall make provision for a refund in cases of an application under section 117 or 117A where a new certificate is issued.

s. 119 — Sources of information.

s. 119(1)

Any person who holds records of convictions or cautions for the use of police forces generally shall make those records available to the Secretary of State DBS for the purpose of enabling him it to carry out a relevant function.

s. 119(1ZA)

Any person who holds records of convictions or cautions for the use of police forces generally must make those records available to the Disclosure and Barring Service for the purpose of enabling it to carry out its functions under paragraph 1, 2, 7 or 8 of Schedule 1 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007.

s. 119(1A)

The Secretary of State may require the Disclosure and Barring Service to make available specified information for the purpose of enabling the Secretary of State to carry out functions under this Part in relation to—

s. 119(1A)(a)

any application for a certificate or for registration;

s. 119(1A)(aa)

the provision of up-date information under section 116A; or

s. 119(1A)(b)

the determination of whether a person should continue to be a registered person.

s. 119(1B)

The Secretary of State DBS may require the chief officer of a police force to make available such information as he it may specify for the purpose of deciding whether to make a request to that chief officer under section 113B(4).

s. 119(2)

Where the chief officer of a police force receives a request under section 113B or 116... he shall comply with it as soon as practicable.

s. 119(2A)

Where, in connection with the provision of up-date information under section 116A, the chief officer of a police force receives a request for information of the kind mentioned in section 113B(4), the chief officer of police must comply with it as soon as practicable.

s. 119(2B)

Subsection (2A) (as inserted by section 10(1) of the 2019 Act) applies in relation to the following persons as it applies in relation to the chief constable of the Police Service of Scotland—

s. 119(2B)(a)

the chief constable of—

s. 119(2B)(a)(i)

a police force in England and Wales;

s. 119(2B)(a)(ii)

the Police Service of Northern Ireland;

s. 119(2B)(a)(iii)

the Ministry of Defence Police;

s. 119(2B)(a)(iv)

the British Transport Police;

s. 119(2B)(a)(v)

the Civil Nuclear Constabulary;

s. 119(2B)(b)

the Provost Marshal of—

s. 119(2B)(b)(i)

the Royal Navy Police;

s. 119(2B)(b)(ii)

the Royal Military Police;

s. 119(2B)(b)(iii)

the Royal Air Force Police;

s. 119(2B)(c)

the Director General of the National Crime Agency.

s. 119(3)

The Secretary of State DBS shall pay to the appropriate local policing body or police authority,... such fee as he the Secretary of State thinks appropriate for information provided in accordance with section 120A(4) or subsection (2) of this section.

s. 119(4)

Any person who holds records of fingerprints for the use of police forces generally shall make those records available to the Secretary of State DBS for the purpose of enabling him it to carry out his its functions under this Part in relation to—

s. 119(4)(a)

any application for a certificate or for registration;

s. 119(4)(aa)

any application as mentioned in section 116A(4)(a) or (5)(a); or

s. 119(4)(b)

the determination of whether a person should continue to be a registered person.

s. 119(4A)

DBS may require the Secretary of State to provide it with the information and advice specified in section 113CD(2) to (6) for the purpose of enabling DBS to carry out its functions under section 113CD.

s. 119(4A)

The Department of Justice may provide to the Disclosure and Barring Service any information it holds for the purposes of this Part in order to enable the Disclosure and Barring Service to determine whether, in relation to any person, paragraph 1, 2, 3, 5, 7, 8, 9 or 11 of Schedule 1 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 applies or appears to apply.

s. 119(5)

No proceedings shall lie against the Secretary of State DBS or the Disclosure and Barring Service by reason of an inaccuracy in the information made available or provided to him it or it in accordance with this section.

s. 119(6)

For the purposes of this section references to a police force include any body mentioned in subsections (10)(a) to (i) and (11) of section 113B and references to a chief officer must be construed accordingly.

s. 119(7)

In the case of such a body the reference in subsection (3) to the appropriate local policing body or police authority must be construed as a reference to such body as is prescribed.

s. 119(8)

In this section a relevant function is a function of the Secretary of State DBS—

s. 119(8)(a)

under this Part in relation to any application for a certificate or for registration;

s. 119(8)(aa)

under this Part in relation to any request under section 116A(1);

s. 119(8)(b)

under this Part in relation to the determination of whether a person should continue to be a registered person;

s. 119(8)(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 119(8)(d)

under paragraph 1, 2, 7 or 8 of Schedule 3 to the Safeguarding Vulnerable Groups Act 2006(considering whether criteria prescribed for the purpose of that paragraph apply to an individual).

s. 119A — Further sources of information: Scotland

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 119B — Independent monitor

s. 119B(1)

There is to be an independent monitor for the purposes of this Part.

s. 119B(2)

The independent monitor is a person appointed by the Secretary of State—

s. 119B(2)(a)

for such period, not exceeding three years, as the Secretary of State decides;

s. 119B(2)(b)

on such terms as the Secretary of State decides.

s. 119B(3)

A person may be appointed for a further period or periods.

s. 119B(4)

The Secretary of State may terminate the appointment of the independent monitor before the end of the period mentioned in subsection (2)(a) by giving the monitor notice of the termination not less than three months before it is to take effect.

s. 119B(4A)

Before appointing a person to be the independent monitor, or terminating the appointment of the independent monitor, the Secretary of State must consult the Department of Justice in Northern Ireland.

s. 119B(5)

The independent monitor must review—

s. 119B(5)(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 119B(5)(b)

a sample of cases in which a certificate issued under section 113B has included information in pursuance of subsection (4)(b) of that section;

s. 119B(5)(c)

a sample of cases in which the chief officer of a police force has decided that information must not be included in a certificate or report in pursuance of section 113B(4)(b) or disclosed in pursuance of section 113B(5)(c) and (6)(b);

s. 119B(5)(ca)

a sample of cases in which the chief officer of a police force has decided that information should be disclosed or not disclosed to DBS for the purpose of the provision by DBS of up-date information under section 116A.

s. 119B(5)(d)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 119B(5)(e)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 119B(6)

The purpose of a review under subsection (5) is to ensure compliance with Article 8 of the European Convention of Human Rights.

s. 119B(7)

The independent monitor must in relation to each year make a report to the Secretary of State about the performance of police forces in exercising their functions under this Part.

s. 119B(8)

The independent monitor may make recommendations to the Secretary of State as to—

s. 119B(8)(a)

any guidance issued by the Secretary of State or which the monitor thinks it would be appropriate for the Secretary of State to issue;

s. 119B(8)(b)

any changes to any enactment which the monitor thinks may be appropriate.

s. 119B(8A)

The independent monitor has the functions conferred on the monitor by section 117A.

s. 119B(8A)

The independent monitor has the functions conferred on the monitor by section 117A.

s. 119B(9)

The chief officer of a police force must provide to the independent monitor such information as the monitor reasonably requires in connection with the exercise of his functions under this section or section 117A.

s. 120 — Registered persons.

s. 120(1)

For the purposes of this Part a registered person is a person who is listed in a register to be maintained by DBS for the purposes of this Part.

s. 120(2)

DBS shall include in the register any person who—

s. 120(2)(a)

applies to it in writing to be registered, and

s. 120(2)(b)

satisfies the conditions in subsections (4) to (6),...

s. 120(2)(c)

...

s. 120(2A)

Subsection (2) is subject to—

s. 120(2A)(a)

regulations under section 120ZA,

s. 120(2A)(b)

section 120A, and

s. 120(2A)(c)

section 120AA and regulations made under that section.

s. 120(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 120(4)

A person applying for registration under this section must be—

s. 120(4)(a)

a body corporate or unincorporate,

s. 120(4)(b)

a person who is appointed to an office by virtue of any enactment and who, in the case of an individual, is aged 18 or over, or

s. 120(4)(c)

an individual aged 18 or over who employs others in the course of a business.

s. 120(5)

A body applying for registration under this section must satisfy DBS that it—

s. 120(5)(a)

is likely to ask exempted questions, or

s. 120(5)(b)

is likely to act as the registered person in relation to applications under section 113A or 113B at the request of bodies or individuals asking exempted questions.

s. 120(6)

A person, other than a body, applying for registration under this section must satisfy DBS that he is likely to ask exempted questions.

s. 120(7)

In this section “exempted question” has the same meaning as in section 113A.

s. 120ZA — Regulations about registration

s. 120ZA(1)

The Secretary of State may by regulations make further provision about registration.

s. 120ZA(2)

Regulations under this section may in particular make provision for—

s. 120ZA(2)(a)

the payment of fees,

s. 120ZA(2)(b)

the information to be included in the register,

s. 120ZA(2)(c)

the registration of any person to be subject to conditions,

s. 120ZA(2)(d)

the nomination by—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 or the transmitting of applications under section 113A(2A) or 113B(2A), and

s. 120ZA(2)(d)(i)

a body corporate or unincorporate, or

s. 120ZA(2)(d)(ii)

a person appointed to an office by virtue of any enactment,

s. 120ZA(2)(e)

the refusal by the Secretary of State DBS, 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.

s. 120ZA(3)

The provision which may be made by virtue of subsection (2)(c) includes provision—

s. 120ZA(3)(a)

for 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 DBS thinks fit, and

s. 120ZA(3)(b)

for the Secretary of State DBS to vary or revoke those conditions.

s. 120ZA(4)

The conditions imposed by virtue of subsection (2)(c) may in particular include conditions—

s. 120ZA(4)(a)

requiring a registered person, before acting as the registered person in relation to an application at an individual’s request, to verify the identity of that individual in the prescribed manner,

s. 120ZA(4)(b)

requiring an application under section 113A or 113B to be transmitted by electronic means to the Secretary of State DBS by the person who acts as the registered person in relation to the application, and

s. 120ZA(4)(c)

requiring a registered person to comply with any code of practice for the time being in force under section 122.

s. 120ZB — Regulations about registration

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 120A — Refusal and cancellation of registration on grounds related to disclosure

s. 120A(1)

DBS may refuse to include a person in the register maintained for the purposes of this Part if it appears to it that the registration of that person is likely to make it possible for information to become available to an individual who, in DBS's opinion, is not a suitable person to have access to that information.

s. 120A(2)

DBS may remove a person from the register if it appears to DBS—

s. 120A(2)(a)

that the registration of that person is likely to make it possible for information to become available to an individual who, in DBS's opinion, is not a suitable person to have access to that information; or

s. 120A(2)(b)

that the registration of that person has resulted in information becoming known to such an individual.

s. 120A(3)

In determining for the purposes of this section whether an individual is a suitable person to have access to any information, DBS may have regard, in particular, to—

s. 120A(3)(a)

any information relating to that person which concerns a relevant matter;

s. 120A(3)(b)

any information relating to the person of a kind specified in subsection (3A);

s. 120A(3)(c)

any information provided to DBS under subsection (4).

s. 120A(3A)

The information is—

s. 120A(3A)(a)

whether the person is barred from regulated activity;

s. 120A(3A)(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 120A(3A)(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 120A(3A)(d)

whether the person is subject to a direction under section 167A of the Education Act 2002 (prohibition on participation in management of independent school).

s. 120A(3B)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 120A(3C)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 120A(3D)

Expressions used in subsection (3A) and in the Safeguarding Vulnerable Groups Act 2006 have the same meaning in that subsection as in that Act....

s. 120A(4)

It shall be the duty of the chief officer of any police force to comply, as soon as practicable after receiving it, with any request by DBS to provide DBS with information which—

s. 120A(4)(a)

is available to the chief officer;

s. 120A(4)(b)

relates to— and

s. 120A(4)(b)(i)

an applicant for registration;

s. 120A(4)(b)(ii)

a registered person; or

s. 120A(4)(b)(iii)

an individual who is likely to have access to information in consequence of a particular applicant for registration, or a particular registered person, acting as the registered person in relation to applications under this Part;

s. 120A(4)(c)

concerns a matter which DBS has notified to the chief officer to be a matter which, in the opinion of DBS, is relevant to the determination of the suitability of individuals for having access to the information that may be provided in consequence of a person acting as the registered person in relation to applications under this Part.

s. 120A(5)

In this section “relevant matter” has the same meaning as in section 113A.

s. 120A(6)

For the purposes of this section references to a police force include any body mentioned in subsections (10)(a) to (i) and (11) of section 113B and references to a chief officer must be construed accordingly.

s. 120A(7)

The Secretary of State may by order made by statutory instrument amend subsection (3A) for the purpose of altering the information specified in that subsection.

s. 120A(8)

Such an order is subject to annulment in pursuance of a resolution of either House of Parliament.

s. 120AA — Refusal, cancellation or suspension of registration on other grounds

s. 120AA(1)

Regulations may make provision enabling DBS in prescribed cases to refuse to register a person who, in the opinion of DBS, is likely to act as the registered person in relation to fewer applications under this Part in any period of twelve months than a prescribed minimum number.

s. 120AA(2)

Subsection (3) applies where a registered person—

s. 120AA(2)(a)

is, in the opinion of DBS, no longer likely to wish to act as the registered person in relation to applications under this Part,

s. 120AA(2)(b)

has, in any period of twelve months during which he was registered, acted as the registered person in relation to fewer applications under this Part than the minimum number specified in respect of him by regulations under subsection (1), or

s. 120AA(2)(c)

has failed to comply with any condition of his registration.

s. 120AA(3)

Subject to section 120AB, DBS may—

s. 120AA(3)(a)

suspend that person’s registration for such period not exceeding 6 months as DBS thinks fit, or

s. 120AA(3)(b)

remove that person from the register.

s. 120AA(4)

Subsection (6) applies if an application is made under section 120 by an individual who—

s. 120AA(4)(a)

has previously been a registered person; and

s. 120AA(4)(b)

has been removed from the register (otherwise than at that individual's own request).

s. 120AA(5)

Subsection (6) also applies if an application is made under section 120 by a body corporate or unincorporate which—

s. 120AA(5)(a)

has previously been a registered person; and

s. 120AA(5)(b)

has been removed from the register (otherwise than at its own request).

s. 120AA(6)

DBS may refuse the application.

s. 120AB — Procedure for cancellation or suspension under section 120AA

s. 120AB(1)

Before cancelling or suspending a person’s registration by virtue of section 120AA, the Secretary of State DBS must send him its written notice of his intention to do so.

s. 120AB(2)

Every such notice must—

s. 120AB(2)(a)

give the Secretary of State’s DBS's reasons for proposing to cancel or suspend the registration, and

s. 120AB(2)(b)

inform the person concerned of his right under subsection (3) to make representations.

s. 120AB(3)

A person who receives such a notice may, within 21 days of service, make representations in writing to the Secretary of State DBS as to why the registration should not be cancelled or suspended.

s. 120AB(4)

After considering such representations, the Secretary of State DBS must give the registered person written notice—

s. 120AB(4)(a)

that 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, or

s. 120AB(4)(b)

that he it does not propose to take any further action.

s. 120AB(5)

If no representations are received within the period mentioned in subsection (3) the Secretary of State DBS may cancel or suspend the person’s registration at the end of the period mentioned in that subsection.

s. 120AB(6)

Subsection (1) does not prevent the Secretary of State DBS from imposing on the registered person a lesser sanction than that specified in the notice under that subsection.

s. 120AB(7)

Any notice under this section that is required to be given in writing may be given by being transmitted electronically.

s. 120AB(8)

This section does not apply where—

s. 120AB(8)(a)

the Secretary of State DBS 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 acting as the registered person in relation to applications under this Part, or

s. 120AB(8)(b)

the registered person has requested to be removed from the register.

s. 120AB(9)

The 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.

s. 120AC — Registered persons: information on progress of an application

s. 120AC(1)

DBS must, in response to a request from a person who is acting as the registered person in relation to an application under section 113A or 113B, inform that person whether or not a certificate has been issued in response to the application.

s. 120AC(2)

Subsections (3) and (4) apply if, at the time a request is made under subsection (1), a certificate has been issued.

s. 120AC(3)

In the case of a certificate under section 113A, if it was a certificate stating that there is no relevant matter recorded in central records, DBS may inform the person who made the request that the certificate was such a certificate.

s. 120AC(4)

In the case of a certificate under section 113B, if it was a certificate— DBS may inform the person who made the request that the certificate was such a certificate.

s. 120AC(4)(a)

stating that there is no relevant matter recorded in central records and no information provided in accordance with subsection (4) of that section, and

s. 120AC(4)(b)

if section 113BA(1) or 113BB(1) applies to the certificate, containing no suitability information indicating that the person to whom the certificate is issued—

s. 120AC(4)(b)(i)

is barred from regulated activity relating to children or to vulnerable adults, or

s. 120AC(4)(b)(ii)

is subject to a direction under 128 of the Education and Skills Act 2008 or section 167A of the Education Act 2002,

s. 120AC(5)

If no certificate has been issued, DBS must inform the person who made the request of such other matters relating to the processing of the application as DBS considers appropriate.

s. 120AC(6)

Subject to subsections (2) to (4), nothing in this section permits DBS to inform a person who is acting as the registered person in relation to an application under section 113A or 113B of the content of any certificate issued in response to the application.

s. 120AC(7)

DBS may refuse a request under subsection (1) if it is made after the end of a prescribed period beginning with the day on which the certificate was issued.

s. 120AC(8)

In this section— “central records” and “relevant matter” have the same meaning as in section 113A, “suitability information” means information required to be included in a certificate under section 113B by virtue of section 113BA or 113BB.

s. 120AC(9)

Expressions in subsection (4)(b) and in the Safeguarding Vulnerable Groups Act 2006 have the same meaning in that paragraph as in that Act.

s. 120AD — Registered persons: copies of certificates in certain circumstances

s. 120AD(1)

Subsection (2) applies if—

s. 120AD(1)(a)

DBS gives up-date information in relation to a criminal record certificate or enhanced criminal record certificate,

s. 120AD(1)(b)

the up-date information is advice to apply for a new certificate or (as the case may be) request another person to apply for such a certificate, and

s. 120AD(1)(c)

the person whose certificate it is in respect of which the up-date information is given applies for a new criminal record certificate or (as the case may be) enhanced criminal record certificate.

s. 120AD(2)

DBS must, in response to a request made within the prescribed period by the person who is acting as the registered person in relation to the application, send to that person a copy of any certificate issued in response to the application if the registered person—

s. 120AD(2)(a)

has counter-signed the application or transmitted it to DBS under section 113A(2A) or 113B(2A),

s. 120AD(2)(b)

has informed DBS that the applicant for the new certificate has not, within such period as may be prescribed, sent a copy of it to a person of such description as may be prescribed, and

s. 120AD(2)(c)

no prescribed circumstances apply.

s. 120AD(3)

The power under subsection (2)(b) to prescribe a description of person may be exercised to describe the registered person or any other person.

s. 120AD(4)

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

s. 121 — Performance by constables on central service in Scotland of functions under this Part.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 122 — Code of practice.

s. 122(1)

The Secretary of State shall publish, and may from time to time revise, a code of practice in connection with the use of information provided to, or the discharge of any function by, registered persons under this Part.

s. 122(1A)

The reference in subsection (1) to the use of information provided to registered persons under this Part includes a reference to the use of information provided in accordance with section 116A(1) to relevant persons (within the meaning of that section) who are not registered persons under this Part.

s. 122(2)

The Secretary of State shall lay before Parliament the code of practice under this section as soon as practicable after publication and after revision.

s. 122(3)

Subsection (3A) applies if the Secretary of State DBS thinks that the registered person who countersigned person who acted as the registered person in relation to an application for a certificate under section 113A or 113B—

s. 122(3)(a)

has failed to comply with the code of practice under this section, or

s. 122(3)(b)

countersigned acted as the registered person at the request of a body which, or individual who, has failed to comply with the code of practice.

s. 122(3A)

The Secretary of State DBS may—

s. 122(3A)(a)

refuse to issue the certificate;

s. 122(3A)(b)

suspend the registration of the person;

s. 122(3A)(c)

cancel the registration of the person.

s. 122(3B)

Section 120AB applies if the Secretary of State DBS proposes to suspend or cancel a person's registration under subsection (3A) above as it applies if he it proposes to suspend or cancel a person's registration by virtue of section 120AA.

s. 122A — Delegation of functions of Secretary of State

s. 122A(1)

The 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.

s. 122A(2)

A function is relevant for the purposes of subsection (1) if it does not consist of a power—

s. 122A(2)(a)

to make regulations, or

s. 122A(2)(b)

to publish or revise a code of practice or to lay any such code before Parliament.

s. 122A(3)

A delegation under subsection (1) may be varied or revoked at any time.

s. 122B — Delegation of functions of Scottish Ministers

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 123 — Offences: falsification, &c.

s. 123(1)

A person commits an offence if, with intent to deceive, he—

s. 123(1)(a)

makes a false certificate under this Part,

s. 123(1)(b)

alters a certificate under this Part,

s. 123(1)(c)

uses a certificate under this Part which relates to another person in a way which suggests that it relates to himself, or

s. 123(1)(d)

allows a certificate under this Part which relates to him to be used by another person in a way which suggests that it relates to that other person.

s. 123(2)

A person commits an offence if he knowingly makes a false statement for the purpose of obtaining, or enabling another person to obtain, a certificate under this Part.

s. 123(3)

A person who is guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.

s. 124 — Offences: disclosure.

s. 124(1)

A member, officer or employee of a body registered under section 120 commits an offence if he discloses information provided following an application under section 113A or 113B unless he discloses it, in the course of his duties,—

s. 124(1)(a)

to another member, officer or employee of the registered body,

s. 124(1)(b)

to a member, officer or employee of a body at the request of which the registered body countersigned acted as the registered person in relation to the application, or

s. 124(1)(c)

to an individual at whose request the registered body countersigned acted as the registered person in relation to the relevant application.

s. 124(2)

Where information is provided under section 113A or 113B following an application countersigned in relation to which the person who acted as the registered person did so at the request of a body which is not registered under section 120, a member, officer or employee of the body commits an offence if he discloses the information unless he discloses it, in the course of his duties, to another member, officer or employee of that body.

s. 124(3)

Where information is provided under section 113A or 113B following an application countersigned by or at the request of an individual in relation to which an individual acted as the registered person, or in relation to which the person who acted as the registered person did so at the request of an individual—

s. 124(3)(a)

the individual commits an offence if he discloses the information unless he discloses it to an employee of his for the purpose of the employee’s duties, and

s. 124(3)(b)

an employee of the individual commits an offence if he discloses the information unless he discloses it, in the course of his duties, to another employee of the individual.

s. 124(4)

Where information provided under section 113A or 113B is disclosed to a person and the disclosure— the person to whom the information is disclosed commits an offence (subject to subsection (6)) if he discloses it to any other person.

s. 124(4)(a)

is an offence under this section, or

s. 124(4)(b)

would be an offence under this section but for subsection... (6)(a), (d), (e) or (f),

s. 124(5)

Subsections (1) to (4) do not apply to a disclosure of information provided in accordance with section 113B(5) which is made with the written consent of the chief officer who provided the information.

s. 124(6)

Subsections (1) to (4) do not apply to a disclosure of information contained in a certificate under section 113A or 113B which is made—

s. 124(6)(a)

with the written consent of the applicant for the certificate, or

s. 124(6)(b)

to a government department, or

s. 124(6)(c)

to a person appointed to an office by virtue of any enactment, or

s. 124(6)(d)

in accordance with an obligation to provide information under or by virtue of any enactment, or

s. 124(6)(e)

for the purposes of answering an exempted question (within the meaning of section 113A) of a kind specified in regulations made by the Secretary of State, or

s. 124(6)(f)

for some other purpose specified in regulations made by the Secretary of State.

s. 124(7)

A person who is guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 3 on the standard scale, or to both.

s. 124A — Further offences: disclosure of information obtained in connection with delegated function

s. 124A(1)

Any person who is engaged in the discharge of functions conferred by this Part on the Secretary of State DBS 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,—

s. 124A(1)(a)

to another person engaged in the discharge of those functions,

s. 124A(1)(b)

to the chief officer of a police force in connection with a request under this Part to provide information to the Secretary of State DBS, or

s. 124A(1)(c)

to an applicant... who is entitled under this Part to the information disclosed to him.

s. 124A(2)

Where information is disclosed to a person and the disclosure— the person to whom the information is disclosed commits an offence if he discloses it to any other person.

s. 124A(2)(a)

is an offence under subsection (1), or

s. 124A(2)(b)

would be an offence under subsection (1) but for subsection (3)(a), (d) or (e),

s. 124A(3)

Subsection (1) does not apply to a disclosure of information which is made—

s. 124A(3)(a)

with the written consent of the person to whom the information relates,

s. 124A(3)(b)

to a government department,

s. 124A(3)(c)

to a person appointed to an office by virtue of any enactment,

s. 124A(3)(d)

in accordance with an obligation to provide information under or by virtue of any enactment, or

s. 124A(3)(e)

for some other purpose specified in regulations made by the Secretary of State.

s. 124A(4)

A 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.

s. 124A(5)

In 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.

s. 124A(6)

For the purposes of this section the reference to a police force includes any body mentioned in subsections (10)(a) to (i) and (11) of section 113B and the reference to a chief officer must be construed accordingly.

s. 124A(6A)

For the purposes of this section the reference to an applicant includes a person who makes a request under section 116A(1), 120AC(1) or 120AD(2).

s. 124B — Scottish annotated list of certificated persons

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 125 — Regulations.

s. 125(1)

Anything authorised or required by any provision of this Part to be prescribed shall be prescribed by regulations made by the Secretary of State.

s. 125(1A)

In prescribing the amount of a fee that— the Secretary of State may take into account not only the costs associated with applications in relation to which the fee is payable but also the costs associated with applications under that provision made by volunteers.

s. 125(1A)(a)

is payable in relation to applications under a particular provision of this Part, but

s. 125(1A)(b)

is not payable in relation to applications made by volunteers,

s. 125(2)

Regulations under this Part shall be made by statutory instrument.

s. 125(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 125(4)

A statutory instrument... shall be subject to annulment pursuant to a resolution of either House of Parliament.

s. 125(5)

Regulations under this Part may make different provision for different cases.

s. 125(6)

If the power mentioned in subsection (1) is exercised by the Scottish Ministers, the reference in subsection (3) subsection (4) to each House of Parliament must be construed as a reference to the Scottish Parliament.

s. 125A — Form of applications

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 125B — Form of applications

s. 125B(1)

The Secretary of State DBS may determine the form, manner and contents of an application for the purposes of any provision of this Part.

s. 125B(2)

A determination may, in particular, impose requirements about the form or manner in which an electronic application is to be signed or countersigned.

s. 125B(3)

In this section “application” includes a request under section 116A(1), 120AC(1) or 120AD(2).

s. 126 — Interpretation of Part V.

s. 126(1)

In this Part— “caution” means a caution given to a person in England and Wales or Northern Ireland in respect of an offence which, at the time when the caution is given, he has admitted; “certificate” means any one or more documents issued in response to a particular application but does not include any documents issued in response to— a request under section 116A(1), an application as mentioned in section 116A(4)(a) or (5)(a), or a request under section 120AC or 120AD; “chief officer” means— a chief officer of police of a police force in England and Wales, the chief constable of the Police Service of Scotland, and the Chief Constable of the Police Service of Northern Ireland; “DBS” means the Disclosure and Barring Service established by section 87(1) of the Protection of Freedoms Act 2012; “the Department” means the Department of Justice in Northern Ireland; “government department” includes a Northern Ireland department; “Minister of the Crown” includes a Northern Ireland department; “police authority” means— the Scottish Police Authority, and the Northern Ireland Policing Board; “police force” means— a police force in Great Britain, and the Police Service of Northern Ireland and the Police Service of Northern Ireland Reserve; “prescribed” shall be construed in accordance with section 125(1); “tri-service serious crime unit” means the unit described in section 375(1A) of the Armed Forces Act 2006.

s. 126(2)

In the application of this Part to Northern Ireland, a reference to the Rehabilitation of Offenders Act 1974, or to a provision of that Act, shall be construed as a reference to the Rehabilitation of Offenders (Northern Ireland) Order 1978 or, as the case may be, to the corresponding provision of that order.

s. 126(3)

In the application of this Part to Northern Ireland a reference to the Safeguarding Vulnerable Groups Act 2006, or to a provision of that Act, shall be construed as a reference to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 or, as the case maybe, to the corresponding provision of that Order.

s. 126(3)

In the application of this Part to Scotland references to the Secretary of State must be construed as references to the Scottish Ministers.

s. 126(4)

Subsection (3) does not apply to section 118(2A)(d) or 124A(1) and (2).

s. 126ZA — Protected convictions

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s. 126ZB — Offences in schedules 8A and 8B

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s. 126A — Part 5: Modifications for Northern Ireland

s. 126A(1)

This Part applies to Northern Ireland subject to the following modifications.

s. 126A(2)

Any reference to the Secretary of State, except in— shall be construed as a reference to the Department of Justice in Northern Ireland.

s. 126A(2)(a)

section 118(2A)(d),

s. 126A(2)(b)

section 119(1), (3), (5) and (8),

s. 126A(2)(c)

section 119B(2), (4) and (4A), and

s. 126A(2)(d)

section 122A as it applies to a function of the Secretary of State under section 119 or 119B(2), (4) or (4A),

s. 126A(3)

Section 119 has effect subject to the following modifications—

s. 126A(3)(a)

in subsection (1), in relation to a relevant function within subsection (8)(a) or (b), any reference to the Secretary of State shall be construed as a reference to the Department of Justice in Northern Ireland;

s. 126A(3)(b)

in subsection (3), except in relation to a request for the purposes of the provision of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 that corresponds to section 24 of the Safeguarding Vulnerable Groups Act 2006, any reference to the Secretary of State shall be construed as a reference to the Department of Justice in Northern Ireland;

s. 126A(3)(c)

subsections (5) and (8) have effect as if any reference to the Secretary of State included a reference to the Department of Justice in Northern Ireland.

s. 126A(4)

The following provisions shall not have effect—

s. 126A(4)(a)

section 113A(8);

s. 126A(4)(b)

in section 113BC—

s. 126A(4)(b)(i)

in subsection (1) the words “made by statutory instrument”;

s. 126A(4)(b)(ii)

subsection (2);

s. 126A(4)(c)

in section 120A—

s. 126A(4)(c)(i)

in subsection (7) the words “made by statutory instrument”;

s. 126A(4)(c)(ii)

subsection (8);

s. 126A(4)(d)

section 125(2), (4) and (6).

s. 126A(5)

In section 122 any reference to Parliament shall be construed as a reference to the Northern Ireland Assembly.

s. 126A(6)

In relation to the delegation of any function of the Department of Justice, any reference in section 122A to Parliament shall be construed as a reference to the Northern Ireland Assembly.

s. 126A(7)

Any power of the Department of Justice under this Part to make orders or regulations shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

s. 126A(8)

No order shall be made by the Department of Justice under section 113A(7) unless a draft of it has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

s. 126A(9)

Any other order or regulations made under this Part by the Department of Justice shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).

s. 126A(10)

Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of this Part in relation to the laying of anything before the Northern Ireland Assembly as it applies in relation to the laying of a statutory document under an enactment.

s. 127 — Saving: disclosure of information and records.

Nothing in sections 112 to 119 shall be taken to prejudice any power which exists apart from this Act to disclose information or to make records available.

Part VI

Miscellaneous

s. 128 — Regulations for special constables and police cadets.

s. 128(1)

In section 51 of the Police Act 1996 (regulations for special constables), after subsection (3) there shall be inserted— .

s. 128(2)

In section 52 of that Act (regulations for police cadets) after subsection (1) there shall be inserted— .

s. 129 — Change of name or description of certain police areas.

In Schedule 1 to the Police Act 1996 (police areas for England and Wales except London)—

s. 129(a)

in the entry in the first column for “Humberside” there shall be substituted “ Humber ”;

s. 129(b)

in the entry in the second column opposite the name of the Dyfed Powys police area for “Cardiganshire” there shall be substituted “ Ceredigion ”;

s. 129(c)

for the entry in that column opposite the name of the North Wales police area there shall be substituted— ;

s. 129(d)

in the entry in that column opposite the name of the South Wales police area for “Neath and Port Talbot” there shall be substituted “ Neath Port Talbot ”.

s. 130 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 131 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 132 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 133 — Rehabilitation of Offenders.

The following provisions (which restrict the effect of the Rehabilitation of Offenders Act 1974 and the Rehabilitation of Offenders (Northern Ireland) Order 1978) shall cease to have effect—

s. 133(a)

section 189 of, and Schedule 14 to, the Financial Services Act 1986;

s. 133(b)

section 95 of the Banking Act 1987;

s. 133(c)

section 39 of the Osteopaths Act 1993;

s. 133(d)

section 19 of the National Lottery etc. Act 1993;

s. 133(e)

section 40 of the Chiropractors Act 1994.

Part VII

General

s. 133A — Meaning of “prevention” and “detection”.

Section 81(5) of the Regulation of Investigatory Powers Act 2000 (meaning of “prevention” and “detection”) shall apply for the purposes of this Act as it applies for the purposes of that Act.

s. 134 — Amendments and repeals.

s. 134(1)

Schedule 9 (minor and consequential amendments) shall have effect.

s. 134(2)

The enactments mentioned in Schedule 10 are hereby repealed to the extent specified in the third column of that Schedule.

s. 135 — Commencement.

s. 135(1)

The preceding provisions of this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint.

s. 135(2)

An order under this section may—

s. 135(2)(a)

appoint different days for different purposes or different areas, and

s. 135(2)(b)

make transitional provision and savings (including provision modifying this Act).

s. 135(3)

An order under this section may, in relation to Part I, II or IV make provision—

s. 135(3)(a)

for the transfer and apportionment of property and for the transfer, apportionment and creation of rights and liabilities;

s. 135(3)(b)

for the transfer of members of police forces in Great Britain, members of the Police Service of Northern Ireland and other persons;

s. 135(3)(c)

for the Secretary of State, or any other person nominated by or in accordance with the order, to determine any matter requiring determination under or in consequence of the order;

s. 135(3)(d)

as to the payment of fees charged, or expenses incurred, by any person nominated to determine any matter by virtue of paragraph (c).

s. 135(4)

Any day appointed by an order under this section for the coming into force of section 93, 94 or 95 of this Act shall not be earlier than the day on which a code of practice issued under section 101 comes into operation.

s. 135(5)

A statutory instrument containing provisions made by virtue of subsection (2)(b) or (3) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

s. 136 — Police: co-operation on implementation.

It shall be the duty of police authorities for areas in Great Britain, and the Northern Ireland Policing Board, and their staff to co-operate with each other, and generally to exercise their functions, so as to facilitate the implementation of Parts I and II of this Act and any transfer of property or staff made by an order under section 135.

s. 137 — Extent.

s. 137(1)

Subject to subsections (2) to (4), this Act extends throughout the United Kingdom.

s. 137(2)

The following provisions of this Act extend to England and Wales only—

s. 137(2)(a)

Part II;

s. 137(2)(b)

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s. 137(2)(c)

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s. 137(2)(d)

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s. 137(2)(e)

sections 128 and 129.

s. 137(3)

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s. 137(4)

The amendments in Schedules 6 and 9, and the repeals in Schedule 10, have the same extent as the enactments to which they refer.

s. 138 — Short title.

This Act may be cited as the Police Act 1997.

Sch 1

Appointment of Members of the Service Authorities

Sch 1

Core Members

Sch 1 para 1

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Sch 1 para 2

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Sch 1 para 3

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Sch 1 para 4

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Sch 1 para 5

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Sch 1 para 6

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Sch 1 para 6A

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Sch 1 para 6B

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Sch 1

Additional Members of NCIS Service Authority

Sch 1 para 7

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Sch 1 para 7A

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Sch 1 para 7B

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Sch 1 para 8

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Sch 1

Additional Members of NCS Service Authority

Sch 1 para 9

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Sch 1 para 10

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Sch 1

General

Sch 1 para 11

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Sch 1 para 12

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Sch 1 para 13

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Sch 1 para 14

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Sch 1 para 15

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Sch 1 para 16

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Sch 2

Other Provisions about Members of Service Authorities

Sch 2 para 1

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Sch 2 para 2

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Sch 2 para 3

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Sch 2 para 4

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Sch 2 para 5

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Sch 2 para 6

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Sch 2 para 7

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Sch 2 para 8

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Sch 2 para 9

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Sch 2 para 10

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Sch 2 para 11

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Sch 2 para 12

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Sch 2 para 13

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Sch 2 para 14

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Sch 2 para 15

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Sch 2 para 16

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Sch 2 para 17

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Sch 2 para 17A — Allowances for members etc.

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Sch 2 para 18

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Sch 2 para 19

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Sch 2A

Further provisions about Service Authorities

Sch 2A para 1 — Powers

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Sch 2A para 2 — Committees

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Sch 2A para 3 — Proceedings

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Sch 2A para 4

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Sch 2A para 5 — Arrangements for discharge of functions by Service Authorities

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Sch 2A para 6

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Sch 2A para 7

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Sch 2A para 8

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Sch 2A para 9 — Interpretation

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Sch 3

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Sch 3 para 1

Sch 3 para 1(1)

Where an order under section 17 requires the NCIS Service Authority to determine the total amount of the levies which it proposes to issue under that section for any financial year, that determination shall not be made except by a decision which—

Sch 3 para 1(1)(a)

is made only by independent members and police authority members of the NCIS Service Authority, and

Sch 3 para 1(1)(b)

complies with sub-paragraphs (2) and (3).

Sch 3 para 1(2)

A decision complies with this sub-paragraph only if a majority of the members making the decision (whether or not approving it) are police authority members of the Authority.

Sch 3 para 1(3)

A decision complies with this sub-paragraph only if the members approving it include more than half of the independent members and more than half of the police authority members of the Authority at the time of the decision.

Sch 3 para 1(4)

Before making such a determination as is mentioned in sub-paragraph (1) in respect of any financial year, the independent members and police authority members of the Authority shall take account of—

Sch 3 para 1(4)(a)

the expenditure which the Director General of NCIS estimates will be incurred in connection with NCIS in the year,

Sch 3 para 1(4)(b)

any income which it is estimated will be received by way of charges imposed by the Authority under section 19, or otherwise, in the year,

Sch 3 para 1(4)(c)

the financial reserves of the Authority and the reserves which it estimates it will be appropriate to raise in the year for meeting its estimated future expenditure,

Sch 3 para 1(4)(d)

the current and proposed level of borrowing of the Authority,

Sch 3 para 1(4)(e)

the views of all members of the Authority, and

Sch 3 para 1(4)(f)

such other matters as may be prescribed.

Sch 3 para 1(5)

In this paragraph “independent members” means members of the Authority appointed by the Secretary of State under paragraph 2 or 8(1)(a) of Schedule 1.

Sch 3 para 1(6)

In this paragraph “police authority members” means members appointed—

Sch 3 para 1(6)(a)

by the local authority members of police authorities for areas in England and Wales (as defined by paragraph 14 of Schedule 1), . . .

Sch 3 para 1(6)(b)

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Sch 3 para 2

Sch 3 para 2(1)

Subject to paragraph 3, a levy shall not be issued by the NCIS Service Authority under section 17 in respect of a financial year, unless the Secretary of State has notified the Authority in writing that he approves the total amount of the levies the Authority proposes to issue for that year.

Sch 3 para 2(2)

Where the Secretary of State gives an approval under sub-paragraph (1), levies shall not be issued by the Authority in respect of the financial year concerned in excess of the amount so approved.

Sch 3 para 2(3)

Before deciding whether to give an approval under sub-paragraph (1), the Secretary of State shall consult—

Sch 3 para 2(3)(a)

persons whom he considers to represent the interests of chief officers of police of police forces in England and Wales, and

Sch 3 para 2(3)(b)

persons whom he considers to represent the interests of police authorities for areas in England and Wales.

Sch 3 para 2(4)

The Secretary of State shall give a copy of any notice sent to the NCIS Service Authority under sub-paragraph (1) to—

Sch 3 para 2(4)(a)

each police authority for an area in England and Wales (other than the authority for the metropolitan police district), and

Sch 3 para 2(4)(b)

the Metropolitan Police Authority.

Sch 3 para 3

Sch 3 para 3(1)

Where the Secretary of State does not approve, under paragraph 2, the total amount of the levies the NCIS Service Authority proposes to issue for a financial year—

Sch 3 para 3(1)(a)

he shall notify the Authority of his decision, and

Sch 3 para 3(1)(b)

he may direct the Authority to issue such levies under section 17 for that year as he considers appropriate.

Sch 3 para 3(2)

Where the NCIS Service Authority does not, within the prescribed period, make a determination of the total amount of levies it proposes to issue under section 17 in respect of a financial year, the Secretary of State may direct the Authority to issue, under that section, such levies as he considers appropriate.

Sch 3 para 3(3)

The NCIS Service Authority shall provide the Secretary of State with such information as he may require to enable him to give a direction under this paragraph.

Sch 3 para 3(4)

Before giving a direction under this paragraph, the Secretary of State may take into account any matter he considers relevant.

Sch 3 para 3(5)

A direction under this paragraph shall be in writing.

Sch 3 para 3(6)

The Secretary of State shall send a copy of any direction under this paragraph to—

Sch 3 para 3(6)(a)

each police authority for an area in England and Wales (other than the authority for the metropolitan police district), and

Sch 3 para 3(6)(b)

the Metropolitan Police Authority.

Sch 3 para 4

Sch 3 para 4(1)

The NCIS Service Authority shall, within the prescribed period, give notice of any levy to be issued under section 17 to—

Sch 3 para 4(1)(a)

the Secretary of State,

Sch 3 para 4(1)(b)

each police authority for an area in England and Wales (other than the authority for the metropolitan police district), and

Sch 3 para 4(1)(c)

the Metropolitan Police Authority.

Sch 3 para 4(2)

A notice under this paragraph shall contain such information as may be prescribed.

Sch 3 para 5

In this Schedule “prescribed” means prescribed by an order under section 17.

Sch 4

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Sch 5

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Sch 5 para 1

Sch 5 para 1(1)

Where an order under section 62 requires the NCS Service Authority to determine the total amount of the levies which it proposes to issue under that section for any financial year, that determination shall not be made except by a decision which—

Sch 5 para 1(1)(a)

is made only by independent members and police authority members of the Authority, and

Sch 5 para 1(1)(b)

complies with sub-paragraphs (2) and (3).

Sch 5 para 1(2)

A decision complies with this sub-paragraph only if a majority of the members making the decision (whether or not approving it) are police authority members of the Authority.

Sch 5 para 1(3)

A decision complies with this sub-paragraph only if the members approving it include more than half of the independent members and more than half of the police authority members of the Authority at the time of the decision.

Sch 5 para 1(4)

Before making such a determination as is mentioned in sub-paragraph (1) in respect of any financial year, the independent members and police authority members of the Authority shall take account of—

Sch 5 para 1(4)(a)

the expenditure which the Director General of the National Crime Squad estimates will be incurred in connection with the Squad in the year,

Sch 5 para 1(4)(b)

any income which it is estimated will be received by way of charges imposed by the NCS Service Authority under section 64, or otherwise, in the year,

Sch 5 para 1(4)(c)

the financial reserves of the Authority and the reserves which it estimates it will be appropriate to raise in the year for meeting its estimated future expenditure,

Sch 5 para 1(4)(d)

the current and proposed level of borrowing of the Authority,

Sch 5 para 1(4)(e)

the views of all members of the Authority, and

Sch 5 para 1(4)(f)

such other matters as may be prescribed.

Sch 5 para 1(5)

In this paragraph “independent members” means members of the Authority appointed by the Secretary of State under paragraph 2 or 10(1)(a) of Schedule 1.

Sch 5 para 1(6)

In this paragraph “police authority members” means members appointed—

Sch 5 para 1(6)(a)

by the local authority members of police authorities for areas in England and Wales (as defined by paragraph 14 of Schedule 1), . . .

Sch 5 para 1(6)(b)

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Sch 5 para 2

Sch 5 para 2(1)

Subject to paragraph 3, a levy shall not be issued by the NCS Service Authority under section 62 in respect of a financial year, unless the Secretary of State has notified the Authority in writing that he approves the total amount of the levies the Authority proposes to issue for that year.

Sch 5 para 2(2)

Where the Secretary of State gives an approval under sub-paragraph (1), levies shall not be issued by the Authority in respect of the financial year concerned in excess of the amount so approved.

Sch 5 para 2(3)

Before deciding whether to give an approval under sub-paragraph (1), the Secretary of State shall consult—

Sch 5 para 2(3)(a)

persons whom he considers to represent the interests of chief officers of police of police forces in England and Wales, and

Sch 5 para 2(3)(b)

persons whom he considers to represent the interests of police authorities for areas in England and Wales.

Sch 5 para 2(4)

The Secretary of State shall give a copy of any notice sent to the Authority under sub-paragraph (1) to—

Sch 5 para 2(4)(a)

each police authority for an area in England and Wales (other than the authority for the metropolitan police district), and

Sch 5 para 2(4)(b)

the Metropolitan Police Authority.

Sch 5 para 3

Sch 5 para 3(1)

Where the Secretary of State does not approve, under paragraph 2, the total amount of the levies the Authority proposes to issue for a financial year—

Sch 5 para 3(1)(a)

he shall notify the Authority of his decision, and

Sch 5 para 3(1)(b)

he may direct the Authority to issue such levies under section 62 for that year as he considers appropriate.

Sch 5 para 3(2)

Where the NCS Service Authority does not, within the prescribed period, make a determination of the total amount of levies it proposes to issue under section 62 in respect of a financial year, the Secretary of State may direct the Authority to issue, under that section, such levies as he considers appropriate.

Sch 5 para 3(3)

The Authority shall provide the Secretary of State with such information as he may require to enable him to give a direction under this paragraph.

Sch 5 para 3(4)

Before giving a direction under this paragraph, the Secretary of State may take into account any matter he considers relevant.

Sch 5 para 3(5)

A direction under this paragraph shall be in writing.

Sch 5 para 3(6)

The Secretary of State shall send a copy of any direction under this paragraph to—

Sch 5 para 3(6)(a)

each police authority for an area in England and Wales (other than the authority for the metropolitan police district), and

Sch 5 para 3(6)(b)

the Metropolitan Police Authority.

Sch 5 para 4

Sch 5 para 4(1)

The NCS Service Authority shall, within the prescribed period, give notice of any levy to be issued under section 62 to—

Sch 5 para 4(1)(a)

the Secretary of State,

Sch 5 para 4(1)(b)

each police authority for an area in England and Wales (other than the authority for the metropolitan police district), and

Sch 5 para 4(1)(c)

the Metropolitan Police Authority.

Sch 5 para 4(2)

A notice under this paragraph shall contain such information as may be prescribed.

Sch 5 para 5

In this Schedule “prescribed” means prescribed by an order under section 62.

Sch 6

Application to NCS Service Authority of Local Government Enactments

Sch 6 para 1

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Sch 6 para 2

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Sch 6 para 3

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Sch 6 para 4

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Sch 6 para 5

Sch 6 para 5(1)

Section 107 (application to police authorities of provisions relating to the discharge of functions by local authorities) shall be amended as follows.

Sch 6 para 5(2)

In subsection (7) for “(a) and (b)” there shall be substituted “ (a), (aa) and (b) ”.

Sch 6 para 5(3)

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Sch 6 para 6

Sch 6 para 6(1)

Section 146A (application to police authorities of miscellaneous powers of local authorities) shall be amended as follows.

Sch 6 para 6(2)

In subsection (1)—

Sch 6 para 6(2)(a)

for “subsection (1A)” there shall be substituted “ subsections (1A) and (1AA) ”, and

Sch 6 para 6(2)(b)

for “shall be” there shall be substituted “ and the Service Authority for the National Crime Squad shall each be ”.

Sch 6 para 6(3)

In subsection (1A)—

Sch 6 para 6(3)(a)

for “A” there shall be substituted “ Neither a ”,

Sch 6 para 6(3)(b)

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Sch 6 para 6(3)(c)

the word “not” shall be omitted.

Sch 6 para 6(4)

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Sch 6 para 7

In section 223 (appearance of local authorities in legal proceedings), in subsection (2), after “1996” there shall be inserted “ and the Service Authority for the National Crime Squad ”.

Sch 6 para 8

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Sch 6 para 9

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Sch 6 para 10

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Sch 6 para 11

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Sch 6 para 12

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Sch 6 para 13

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Sch 6 para 14

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Sch 6 para 15

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Sch 6 para 16

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Sch 6 para 17

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Sch 6 para 18

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Sch 6 para 19

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Sch 6 para 20

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Sch 6 para 21

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Sch 6 para 22

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Sch 6 para 23

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Sch 6 para 24

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Sch 6 para 25

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Sch 6 para 26

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Sch 6 para 27

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Sch 6 para 28

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Sch 6 para 29

In section 21 of the Local Government and Housing Act 1989, in subsection (1) (definition of local authority for purposes of various provisions relating to their members, officers, staff and committees etc.), in paragraph (g), after “1996” there shall be inserted “ or the Service Authority for the National Crime Squad ”.

Sch 6 para 30

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Sch 6 para 31

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Sch 6 para 32

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Sch 7

Sch 7 para 1

Where a Commissioner appointed under section 91(1)(b) is required by virtue of section 102 to investigate a complaint, he shall investigate whether an authorisation was given under section 93 in relation to the doing of the act or acts in question in relation to the property concerned (“a relevant authorisation”).

Sch 7 para 2

Sch 7 para 2(1)

In a case where the Commissioner determines that a relevant authorisation was given he shall, if sub-paragraph (2), (3) or (4) applies, make a determination in favour of the complainant.

Sch 7 para 2(2)

This sub-paragraph applies if the Commissioner is satisfied that there were, at the time the relevant authorisation was given or renewed, no reasonable grounds for believing the matters specified in section 93(2).

Sch 7 para 2(3)

This sub-paragraph applies where section 97 did not apply to the relevant authorisation or its renewal, but the Commissioner is satisfied as mentioned in section 103(2).

Sch 7 para 2(4)

This sub-paragraph applies if the Commissioner is satisfied that anything has been done in relation to any property of the complainant in pursuance of the relevant authorisation (other than by virtue of section 103(6) or section 104(7)) at a time when there were no reasonable grounds for believing the matters specified in section 93(2).

Sch 7 para 3

Sch 7 para 3(1)

If the Commissioner makes a determination in favour of the complainant under paragraph 2, he shall—

Sch 7 para 3(1)(a)

give notice to the complainant that he has done so, and

Sch 7 para 3(1)(b)

make a report of his findings to the authorising officer who gave the authorisation, or in whose absence it was given, and to the Chief Commissioner.

Sch 7 para 3(2)

In any other case, the Commissioner shall give notice to the complainant that no determination in his favour has been made on the complaint.

Sch 7 para 3(3)

Subject to sub-paragraph (1)(b), the Commissioner shall not give any reasons for the making of, or any refusal to make, a determination in favour of the complainant.

Sch 7 para 4

Where— the Chief Commissioner shall, under section 107(2), make a report of those findings to the Prime Minister and to the Scottish Ministers.

Sch 7 para 4(a)

the Chief Commissioner receives a report of the Commissioner’s findings under paragraph 3(1)(b), and

Sch 7 para 4(b)

no appeal is made against the determination in favour of the complainant,

Sch 7 para 5

Sch 7 para 5(1)

Where the Commissioner gives a complainant notice that a determination in his favour has been made on the complaint, he may (whether or not he has exercised, or intends to exercise, any of the powers under section 103) direct the authorising officer who gave the authorisation, or in whose absence it was given, to pay the complainant such sum by way of compensation as may be specified in the direction.

Sch 7 para 5(2)

Where a direction to pay compensation has been made under sub-paragraph (1), it shall not become operative until—

Sch 7 para 5(2)(a)

the period for appealing against the determination in favour of the complainant has expired, and

Sch 7 para 5(2)(b)

where such an appeal is made, a decision dismissing it has been made by the Chief Commissioner.

Sch 7 para 6

Any compensation which the Commissioner directs the authorising officer to pay under paragraph 5 shall be paid—

Sch 7 para 6(a)

in the case of an authorising officer within paragraph (a), (b) or (c) of subsection (5) of section 93, out of the police fund,

Sch 7 para 6(b)

in the case of an authorising officer within paragraph (d) of that subsection, by the police authority or, as the case may be, the joint police board (within the meaning of the Police (Scotland) Act 1967),

Sch 7 para 6(c)

in the case of an authorising officer within paragraph (e) of that subsection, by the Police Authority for Northern Ireland,

Sch 7 para 6(d)

in the case of an authorising officer within paragraph (f) or (g) of that subsection, out of the appropriate service fund established under section 16 or 61, and

Sch 7 para 6(e)

in the case of an authorising officer within paragraph (h) of section 93(5), by the Commissioners of Customs and Excise.

Sch 7 para 7

The references in this Schedule to the authorising officer who gave the authorisation or in whose absence it was given shall, in the case of an authorisation given by or in the absence of a person within paragraph (b) or (e) of section 93(5), be construed as references to the Commissioner of Police or, as the case may be, the Chief Constable mentioned in the paragraph concerned.

Sch 8

The Police Information Technology Organisation

Sch 8 para 1

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Sch 8 para 2

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Sch 8 para 3

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Sch 8 para 4

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Sch 8 para 5

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Sch 8 para 6

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Sch 8 para 7

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Sch 8 para 8

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Sch 8 para 9

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Sch 8 para 10

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Sch 8 para 11

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Sch 8 para 12

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Sch 8 para 13

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Sch 8 para 13A

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Sch 8 para 14

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Sch 8 para 15

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Sch 8 para 16

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Sch 8 para 17

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Sch 8 para 18

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Sch 8A

Offences which must be disclosed unless a sheriff orders otherwise

Sch 8A para 1

Abduction.

Sch 8A para 2

Abortion.

Sch 8A para 3

Assault to the danger of life.

Sch 8A para 4

Assault to severe injury.

Sch 8A para 5

Assault with intent to rape or ravish.

Sch 8A para 6

Assault with intent to commit the statutory offence of rape.

Sch 8A para 7

Bestiality.

Sch 8A para 8

Cruel and unnatural treatment of persons.

Sch 8A para 9

Culpable homicide.

Sch 8A para 9A

Defeating the ends of justice.

Sch 8A para 10

Drugging.

Sch 8A para 10A

Embezzlement.

Sch 8A para 11

Extortion.

Sch 8A para 12

Hamesucken.

Sch 8A para 12A

Housebreaking with intent to steal.

Sch 8A para 13

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Sch 8A para 13A

Perverting the course of justice (by whatever means and however the offence is described), including in particular—

Sch 8A para 13A(a)

false accusation of a crime,

Sch 8A para 13A(b)

perjury,

Sch 8A para 13A(c)

prevarication on oath,

Sch 8A para 13A(d)

prison breaking,

Sch 8A para 13A(e)

subornation of perjury.

Sch 8A para 14

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Sch 8A para 15

Plagium.

Sch 8A para 16

Reset of plagium.

Sch 8A para 16A

Robbery.

Sch 8A para 16B

Wilful fire-raising.

Sch 8A para 17

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Sch 8A para 18

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Sch 8A para 19 — Armed forces

An offence under section 42 of the Armed Forces Act 2006 (criminal conduct) where the corresponding offence under the law of England and Wales is, or corresponds to, an offence listed in this schedule.

Sch 8A para 20 — Aviation , spaceflight and maritime

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Sch 8A para 21 — Aviation , spaceflight and maritime

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Sch 8A para 21A — Aviation , spaceflight and maritime

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Sch 8A para 22 — Aviation , spaceflight and maritime

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Sch 8A para 23 — Aviation , spaceflight and maritime

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Sch 8A para 23A — Bribery

An offence under the Bribery Act 2010.

Sch 8A para 24 — Children

An offence under section 12 of the Children and Young Persons (Scotland) Act 1937 (cruelty to persons under 16).

Sch 8A para 24A — Computer misuse

An offence under section 3ZA of the Computer Misuse Act 1990 (unauthorised acts causing, or creating risk of, serious damage).

Sch 8A para 24B — Domestic abuse

An offence under section 76 of the Serious Crime Act 2015 (controlling or coercive behaviour in an intimate or family relationship).

Sch 8A para 24C — Domestic abuse

An offence under section 2 of the Domestic Abuse (Scotland) Act 2011 (breach of domestic abuse interdict with power of arrest).

Sch 8A para 24D — Domestic abuse

An offence under section 1 of the Domestic Abuse (Scotland) Act 2018 (abusive behaviour towards partner or ex-partner).

Sch 8A para 25 — Explosives

An offence under the Explosive Substances Act 1883.

Sch 8A para 25A — False statements and declarations

An offence under section 44 of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements and declarations).

Sch 8A para 25B

An offence under section 1A of the Prevention of Crime Act 1953 (offence of threatening with offensive weapon in public).

Sch 8A para 26 — Firearms and other weapons

An offence under any of the following provisions of the Firearms Act 1968—

Sch 8A para 26(a)

section 4 (conversion of weapons);

Sch 8A para 26(b)

section 5 (weapons subject to a general prohibition);

Sch 8A para 26(c)

section 16 (possession of firearm with intent to injure);

Sch 8A para 26(d)

section 16A (possession of firearm with intent to cause fear or violence);

Sch 8A para 26(e)

section 17 (use of firearm to resist arrest);

Sch 8A para 26(f)

section 18 (carrying firearm with criminal intent);

Sch 8A para 26(g)

section 19 (carrying firearm in a public place);

Sch 8A para 26(h)

section 20 (trespassing with firearm);

Sch 8A para 26(i)

section 21 (possession of firearm by persons previously convicted of crime);

Sch 8A para 26(j)

section 24 (supplying firearms to minors);

Sch 8A para 26(k)

section 25 (supplying firearm to person drunk or insane);

Sch 8A para 26(l)

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Sch 8A para 26(m)

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Sch 8A para 26(n)

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Sch 8A para 26(o)

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Sch 8A para 26(p)

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Sch 8A para 26(q)

section 46(5) (power of search with warrant);

Sch 8A para 26(r)

section 47 (powers of constables to stop and search); and

Sch 8A para 26(s)

section 48 (production of certificates).

Sch 8A para 27 — Firearms and other weapons

An offence under the Chemical Weapons Act 1996.

Sch 8A para 27A — Firearms and other weapons

An offence under section 139AA of the Criminal Justice Act 1988 (offence of threatening with article with blade or point or offensive weapon).

Sch 8A para 27B — Firearms and other weapons

An offence under section 9 of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 (offence of breaching order).

Sch 8A para 28 — Forced marriage

An offence under section 122 of the Anti-social Behaviour, Crime and Policing Act 2014 (offence of forced marriage: Scotland).

Sch 8A para 28A — Fraud and forgery

An offence under any of the following provisions of the Forgery and Counterfeiting Act 1981—

Sch 8A para 28A(a)

Part 1 (forgery and kindred offences),

Sch 8A para 28A(b)

section 14 (offences of counterfeiting notes and coins),

Sch 8A para 28A(c)

section 15 (offences of passing etc. counterfeit notes and coins),

Sch 8A para 28A(d)

section 16 (offences involving custody or control of counterfeit notes and coins),

Sch 8A para 28A(e)

section 17 (offences involving the making or custody or control of counterfeiting materials and implements).

Sch 8A para 28B — Harassment

An offence under section 234A of the Criminal Procedure (Scotland) Act 1995 (non-harassment orders).

Sch 8A para 28C — Harassment

An offence under any of the following provisions of the Protection from Harassment Act 1997—

Sch 8A para 28C(a)

section 2 (offence of harassment),

Sch 8A para 28C(b)

section 2A (offence of stalking),

Sch 8A para 28C(c)

section 4 (putting people in fear of violence),

Sch 8A para 28C(d)

section 4A (stalking involving fear of violence or serious alarm or distress),

Sch 8A para 28C(e)

section 9 (breach of non-harassment order).

Sch 8A para 28D — Health

An offence under any of the following provisions of the Health and Care Act 2022—

Sch 8A para 28D(a)

section 140 (offence of virginity testing: Scotland),

Sch 8A para 28D(b)

section 141 (offence of offering to carry out virginity testing: Scotland),

Sch 8A para 28D(c)

section 142 (offence of aiding or abetting etc. a person to carry out virginity testing: Scotland),

Sch 8A para 28D(d)

section 152 (offence of carrying out hymenoplasty: Scotland),

Sch 8A para 28D(e)

section 153 (offence of offering to carry out hymenoplasty: Scotland),

Sch 8A para 28D(f)

section 154 (offence of aiding or abetting etc. a person to carry out hymenoplasty: Scotland).

Sch 8A para 29 — Human trafficking and exploitation

An offence under section 22 of the Criminal Justice (Scotland) Act 2003 (traffic in prostitution etc.).

Sch 8A para 30 — Human trafficking and exploitation

An offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (trafficking people for exploitation).

Sch 8A para 31 — Human trafficking and exploitation

An offence under section 47 of the Criminal Justice and Licensing (Scotland) Act 2010 (slavery, servitude and forced or compulsory labour).

Sch 8A para 31A — Human trafficking and exploitation

An offence under section 3A of the Female Genital Mutilation Act 2003 (offence of failing to protect girl from risk of genital mutilation).

Sch 8A para 32 — Human trafficking and exploitation

An offence under the Prohibition of Female Genital Mutilation (Scotland) Act 2005.

Sch 8A para 32A — Human trafficking and exploitation

An offence under any of the following provisions of the Human Trafficking and Exploitation (Scotland) Act 2015—

Sch 8A para 32A(a)

section 1 (offence of human trafficking),

Sch 8A para 32A(b)

section 4 (slavery, servitude, and forced or compulsory labour),

Sch 8A para 32A(c)

section 32(1) (breach of certain orders).

Sch 8A para 32B — Insolvency

An offence under any of the following provisions of the Insolvency Act 1986—

Sch 8A para 32B(a)

section 206 (fraud, etc. in anticipation of winding up),

Sch 8A para 32B(b)

section 207 (transactions in fraud of creditors),

Sch 8A para 32B(c)

section 208 (misconduct in course of winding up),

Sch 8A para 32B(d)

section 209 (falsification of company’s books),

Sch 8A para 32B(e)

section 210 (material omissions from statement relating to company’s affairs),

Sch 8A para 32B(f)

section 211 (false representations to creditors).

Sch 8A para 33 — Medical professions etc.

An offence under section 10Z9 of the National Health Service (Scotland) Act 1978 (offences in relation to registration).

Sch 8A para 34 — Medical professions etc.

An offence under any of the following provisions of the Medical Act 1983—

Sch 8A para 34(a)

section 49 (penalty for pretending to be registered); and

Sch 8A para 34(b)

section 49A (penalty for pretending to hold a licence to practise).

Sch 8A para 34A — Medical professions etc.

An offence under any of the following provisions of the Dentists Act 1984—

Sch 8A para 34A(a)

section 38 (prohibition on practice of dentistry by laymen),

Sch 8A para 34A(b)

section 39 (prohibition on use of practitioners’ titles by laymen).

Sch 8A para 34B — Medical professions etc.

An offence under section 28(1) of the Opticians Act 1989 (penalty for pretending to be registered etc.).

Sch 8A para 34C — Medical professions etc.

An offence under section 32 of the Osteopaths Act 1993 (offences).

Sch 8A para 34D — Medical professions etc.

An offence under section 32 of the Chiropractors Act 1994 (offences).

Sch 8A para 34E — Medical professions etc.

An offence under article 39 of the Health Professions Order 2001 (offences).

Sch 8A para 34F — Medical professions etc.

An offence under article 44 of the Nursing and Midwifery Order 2001.

Sch 8A para 34G — Medical professions etc.

An offence under article 19 of the Anaesthesia Associates and Physician Associates Order 2024 (offences relating to registration etc.).

Sch 8A para 35 — Medical professions etc.

An offence under article 38 (offences relating to the Register) of the Pharmacy Order 2010.

Sch 8A para 36 — Medicines

An offence under any of the following provisions of the Medicines Act 1968—

Sch 8A para 36(a)

section 67(1A) and (1B) (offences under Part III); and

Sch 8A para 36(b)

section 78 (restrictions on use of titles, descriptions and emblems).

Sch 8A para 36A — National security

An offence under sections 1 to 4, 12, 13, 17 or 18 of the National Security Act 2023.

Sch 8A para 37 — Official Secrets Acts

An offence under the Official Secrets Act 1911.

Sch 8A para 37A — Official Secrets Acts

An offence under the Official Secrets Act 1920.

Sch 8A para 37B — Official Secrets Acts

An offence under the Official Secrets Act 1989

Sch 8A para 37C — Proceeds of crime and money laundering

An offence under any of the following provisions of the Proceeds of Crime Act 2002—

Sch 8A para 37C(a)

Part 7 (money laundering), other than section 339(1A),

Sch 8A para 37C(b)

Part 8 (investigations).

Sch 8A para 38 — Prostitution

An offence under any of the following provisions of the Criminal Law (Consolidation) (Scotland) Act 1995—

Sch 8A para 38(a)

section 7 (procuring);

Sch 8A para 38(aa)

section 9 (permitting girl to use premises for intercourse);

Sch 8A para 38(b)

section 11 (trading in prostitution and brothel-keeping);...

Sch 8A para 38(c)

section 12 (allowing child to be in brothel);

Sch 8A para 38(d)

section 13(9) (living on the earnings of another from male prostitution).

Sch 8A para 39 — Road traffic

An offence under any of the following provisions of the Road Traffic Act 1988—

Sch 8A para 39(a)

section 1 (causing death by dangerous driving);

Sch 8A para 39(b)

section 3ZC (causing death by driving: disqualified drivers); and

Sch 8A para 39(c)

section 3A (causing death by careless driving when under influence of drink or drugs).

Sch 8A para 39A — Road traffic

An offence under section 67 of the Serious Organised Crime and Police Act 2005 (offences in connection with disclosure notices or search warrants).

Sch 8A para 40 — Serious organised crime

An offence under any of the following provisions of the Criminal Justice and Licensing (Scotland) Act 2010—

Sch 8A para 40(a)

section 28 (involvement in serious organised crime);

Sch 8A para 40(b)

section 30 (directing serious organised crime); and

Sch 8A para 40(c)

section 31 (failure to report serious organised crime).

Sch 8A para 41 — Sexual offences

An offence under section 50(3) of the Customs and Excise Management Act 1979 (penalty for improper importation of goods) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876, but only where the prohibited goods include indecent photographs of persons.

Sch 8A para 41A — Sexual offences

An offence under section 51A of the Civic Government (Scotland) Act 1982 (extreme pornography).

Sch 8A para 42 — Sexual offences

A sexual offence within the meaning given by section 210A(10) of the Criminal Procedure (Scotland) Act 1995 other than an offence mentioned in paragraph (xxvii)(ZF) or (ZG) of that section (engaging while an older child in sexual conduct with or towards another older child).

Sch 8A para 43 — Sexual offences

An offence under any of the following provisions of the Sexual Offences Act 2003—

Sch 8A para 43(a)

section 67A (voyeurism: additional offences),

Sch 8A para 43(b)

section 103I (breach of sexual harm prevention order or interim sexual harm prevention order),

Sch 8A para 43(c)

section 113 (breach of sexual offences prevention order or interim sexual offences prevention order, etc.),

Sch 8A para 43(d)

section 122H (breach of sexual risk order or interim sexual risk order).

Sch 8A para 44 — Sexual offences

An offence under section 7 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (offence: breach of RSHO or interim RSHO etc.).

Sch 8A para 44A — Sexual offences

An offence under any of the following provisions of the Sexual Offences (Scotland) Act 2009—

Sch 8A para 44A(a)

section 54 (incitement to commit certain sexual acts outside Scotland),

Sch 8A para 44A(b)

section 54A (offences committed outside Scotland),

Sch 8A para 44A(c)

section 55 (offences committed outside the United Kingdom; child victims).

Sch 8A para 44B — Sexual offences

An offence under section 69 of the Serious Crime Act 2015 (possession of paedophile manual).

Sch 8A para 44C — Sexual offences

An offence under any of the following provisions of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016—

Sch 8A para 44C(a)

section 2 (disclosing, or threatening to disclose, an intimate photograph or film),

Sch 8A para 44C(b)

section 24 (breach of sexual harm prevention order or interim sexual harm prevention order),

Sch 8A para 44C(c)

section 34 (breach of sexual risk order or interim sexual risk order),

Sch 8A para 44C(d)

section 37 (breach of orders equivalent to orders in Chapters 3 and 4).

Sch 8A para 44D — Solicitors

An offence under the Solicitors (Scotland) Act 1980.

Sch 8A para 45 — Stalking and harassment

An offence under section 50A of the Criminal Law (Consolidation) (Scotland) Act 1995 (racially aggravated harassment).

Sch 8A para 46 — Stalking and harassment

An offence under any of the following provisions of the Criminal Justice and Licensing (Scotland) Act 2010—

Sch 8A para 46(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 8A para 46(b)

section 39 (offence of stalking).

Sch 8A para 46A — Taxation

An offence under any of the following provisions of the Criminal Finances Act 2017—

Sch 8A para 46A(a)

section 45(1) (failure to prevent facilitation of UK tax evasion offences),

Sch 8A para 46A(b)

section 46(1) (failure to prevent facilitation of foreign tax evasion offences).

Sch 8A para 47 — Terrorism

An offence under any of the following provisions of the Terrorism Act 2000—

Sch 8A para 47(a)

section 11 (membership);

Sch 8A para 47(b)

section 12 (support);

Sch 8A para 47(c)

section 15 (fund-raising);

Sch 8A para 47(d)

section 16 (use and possession);

Sch 8A para 47(e)

section 17 (funding arrangements);

Sch 8A para 47(f)

section 17A(2) or (4) (insurance payments made in response to terrorist demands);

Sch 8A para 47(g)

section 18 (money laundering);

Sch 8A para 47(h)

section 19 (disclosure of information: duty);

Sch 8A para 47(i)

section 21A (failure to disclose: regulated sector);

Sch 8A para 47(j)

section 21D (tipping off: regulated sector);

Sch 8A para 47(k)

section 38B (information about acts of terrorism);

Sch 8A para 47(l)

section 39 (disclosure of information, &c.);

Sch 8A para 47(m)

section 54 (weapons training);

Sch 8A para 47(n)

section 56 (directing terrorist organisation);

Sch 8A para 47(o)

section 57 (possession for terrorist purposes);

Sch 8A para 47(p)

section 58 (collection of information);

Sch 8A para 47(q)

section 58A (eliciting, publishing or communicating);...

Sch 8A para 47(qa)

section 58B (entering or remaining in a designated area);

Sch 8A para 47(r)

section 61 (inciting terrorism overseas);

Sch 8A para 48 — Terrorism

An offence under any of the following provisions of the Anti-terrorism, Crime and Security Act 2001—

Sch 8A para 48(a)

section 47 (use etc. of nuclear weapons);

Sch 8A para 48(b)

section 50 (assisting or inducing certain weapons-related acts overseas);

Sch 8A para 48(c)

section 52 (powers of entry);

Sch 8A para 48(d)

section 54 (offences);

Sch 8A para 48(e)

section 67 (offences);

Sch 8A para 48(f)

section 79 (prohibition of disclosures relating to nuclear security);

Sch 8A para 48(g)

section 80 (prohibition of disclosures of uranium enrichment technology);

Sch 8A para 48(h)

section 113 (use of noxious substances or things to cause harm and intimidate);

Sch 8A para 48(i)

section 114 (hoaxes involving noxious substances or things); and

Sch 8A para 48(j)

paragraph 7 of Schedule 3 (offences).

Sch 8A para 49 — Terrorism

An offence under the Terrorism Act 2006.

Sch 8A para 50 — Terrorism

An offence under any of the following provisions of the Counter-Terrorism Act 2008—

Sch 8A para 50(a)

section 2 (offence of obstruction);

Sch 8A para 50(b)

section 54 (offences relating to notification);

Sch 8A para 50(c)

paragraph 15 of Schedule 5 (breach of foreign travel restriction order and offence);

Sch 8A para 50(d)

paragraph 30 of Schedule 7 (offences: failure to comply with requirement imposed by direction);

Sch 8A para 50(e)

paragraph 30A of Schedule 7 (offences: relevant person circumventing requirements); and

Sch 8A para 50(f)

paragraph 31 of Schedule 7 (offences in connection with licences).

Sch 8A para 51 — Violent offender orders

An offence under section 113(1) of the Criminal Justice and Immigration Act 2008 (breach of violent offender order or interim violent offender order).

Sch 8A para 52 — Vulnerable persons

An offence under section 83 of the Adults with Incapacity (Scotland) Act 2000 (offence of ill-treatment and wilful neglect).

Sch 8A para 53 — Vulnerable persons

An offence under section 315 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (ill-treatment and wilful neglect of mentally disordered person).

Sch 8A para 54 — Vulnerable persons

An offence under any of the following provisions of the Protection of Vulnerable Groups (Scotland) Act 2007—

Sch 8A para 54(a)

section 34 (barred individuals not to do regulated work);

Sch 8A para 54(b)

section 35 (organisations not to use barred individuals for regulated work); and

Sch 8A para 54(c)

section 36 (personnel suppliers not to supply barred individuals for regulated work).

Sch 8A para 55 — Vulnerable persons

Any offence where the conduct in respect of which the person was convicted also constituted a breach of a banning order granted under section 19 of the Adult Support and Protection (Scotland) Act 2007 (banning orders).

Sch 8A para 55A

An offence under section 26 of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (care worker offence).

Sch 8A para 56 — Witness protection

An offence under any of the following provisions of the Serious Organised Crime and Police Act 2005—

Sch 8A para 56(a)

section 86 (offence of disclosing information about protection arrangements); and

Sch 8A para 56(b)

section 88 (offences of disclosing information relating to persons assuming new identity).

Sch 8A para 57 — Statutory aggravations

An offence in relation to which any of the following provisions apply—

Sch 8A para 57(a)

section 29(1) of the Criminal Justice and Licensing (Scotland) Act 2010 (offences aggravated by connection with serious organised crime);...

Sch 8A para 57(b)

section 31 of the Counter-Terrorism Act 2008 (offences aggravated by terrorism.

Sch 8A para 57(c)

section 5 of the Human Trafficking and Exploitation (Scotland) Act 2015 (aggravation by connection with human trafficking activity);

Sch 8A para 57(d)

section 1 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (offences aggravated by involving abuse of partner or ex-partner).

Sch 8A para 58 — Common law aggravations

An offence, the conviction for which indicates that it was committed against a child.

Sch 8A para 59 — Common law aggravations

An offence, the conviction for which indicates that it included a sexual element.

Sch 8A para 59A — Common law aggravations

An offence of assault the conviction for which indicates that it resulted in any of the following—

Sch 8A para 59A(a)

disability,

Sch 8A para 59A(b)

disfigurement (permanent or otherwise),

Sch 8A para 59A(c)

impairment (permanent or otherwise).

Sch 8A para 60 — Inchoate offences

An offence committed by aiding, abetting, counselling, procuring or inciting the commission of the offence of murder or any offence listed in paragraphs 1 to 59A of this schedule.

Sch 8A para 61 — Inchoate offences

An offence committed by attempting or conspiring to commit the offence of murder or any offence listed in paragraphs 1 to 59A of this schedule.

Sch 8A para 62 — Superseded offences

An offence superseded (whether directly or indirectly) by any offence listed in paragraphs 1 to 61 of this schedule (and any qualification in relation to a listed offence applies to the superseded offence as it applies to the listed offence).

Sch 8A para 63 — Combined offences

An offence which was charged, and the conviction for which was received, in conjunction with any offence listed in paragraphs 1 to 62 of this schedule.

Sch 8A para 64 — Corresponding offences elsewhere in the UK or abroad

An offence under the law of England and Wales or Northern Ireland, or any country or territory outside the United Kingdom, which corresponds to any offence listed in paragraphs 1 to 63 of this schedule.

Sch 8A

REVIEW OF CRIMINAL RECORD CERTIFICATES

Sch 8A para 1

In this Schedule— “conviction” and “spent conviction” have the same meanings as in the Rehabilitation of Offenders (Northern Ireland) Order 1978; “the independent reviewer” means the person appointed under paragraph 2; “other disposal”, in relation to a criminal record certificate or enhanced criminal record certificate issued to any person, means any caution, diversionary youth conference or informed warning relating to that person of which details are given in the certificate.

Sch 8A para 2

Sch 8A para 2(1)

There is to be an independent reviewer for the purposes of this Schedule.

Sch 8A para 2(2)

The independent reviewer is a person appointed by the Department—

Sch 8A para 2(2)(a)

for such period, not exceeding 3 years, as the Department decides; and

Sch 8A para 2(2)(b)

on such terms as the Department decides.

Sch 8A para 2(3)

A person may be appointed for a further period or periods.

Sch 8A para 2(4)

The Department may terminate the appointment of the independent reviewer before the end of the period mentioned in sub-paragraph (2)(a) by giving the independent reviewer notice of the determination not less than 3 months before it is to take effect.

Sch 8A para 2(5)

The Department may—

Sch 8A para 2(5)(a)

pay such remuneration or allowances to the independent reviewer as it may determine;

Sch 8A para 2(5)(b)

make arrangements for the provision of administrative or other assistance to the independent reviewer.

Sch 8A para 2(6)

The independent reviewer must, in relation to each financial year and no later than 3 months after the end of that year, make a report to the Department about the exercise of his or her functions under this Schedule in that year.

Sch 8A para 2(7)

The independent reviewer may make recommendations to the Department as to—

Sch 8A para 2(7)(a)

any guidance issued by the Department under paragraph 3 or which the independent reviewer thinks it would be appropriate for the Department to issue under that paragraph;

Sch 8A para 2(7)(b)

any changes to any statutory provision which the independent reviewer thinks may be appropriate.

Sch 8A para 2(8)

A person may at the same time hold office as the independent reviewer and as the independent monitor under section 119B.

Sch 8A para 3

The Department may from time to time publish guidance to the independent reviewer as to the exercise of functions under this Schedule; and in exercising functions under this Schedule the independent reviewer must have regard to any guidance for the time being published under this paragraph.

Sch 8A para 4

Sch 8A para 4(1)

A person who receives a criminal record certificate or an enhanced criminal record certificate may apply in writing to the Department for a review of the inclusion in that certificate of—

Sch 8A para 4(1)(a)

the details of any spent conviction; or

Sch 8A para 4(1)(b)

the details of any other disposal.

Sch 8A para 4(2)

An application under this paragraph must—

Sch 8A para 4(2)(a)

be accompanied by such fee (if any) as may be prescribed; and

Sch 8A para 4(2)(b)

be made within such period after the issue of the certificate as the Department may specify in a notice accompanying the certificate.

Sch 8A para 4(3)

The Department must refer any application under this paragraph to the independent reviewer together with—

Sch 8A para 4(3)(a)

any information supplied by the applicant in connection with the application; and

Sch 8A para 4(3)(b)

any other information which appears to the Department to be relevant to the application.

Sch 8A para 5

Sch 8A para 5(1)

The independent reviewer, on receiving an application under paragraph 4 in relation to a certificate, must review the inclusion in that certificate of—

Sch 8A para 5(1)(a)

the details of any spent conviction; and

Sch 8A para 5(1)(b)

the details of any other disposal.

Sch 8A para 5(2)

If, following that review, the independent reviewer determines that the details of any spent conviction or other disposal included in the certificate should be removed—

Sch 8A para 5(2)(a)

the independent reviewer must inform the Department of that fact; and

Sch 8A para 5(2)(b)

on being so informed the Department must issue a new certificate.

Sch 8A para 5(3)

In issuing such a certificate the Department must give effect to the determination of the independent reviewer and must (in the case of an enhanced certificate) again comply with section 113B(4).

Sch 8A para 5(4)

If, following that review, the independent reviewer determines that the details of any spent convictions or other disposals included in the certificate should not be removed—

Sch 8A para 5(4)(a)

the independent reviewer must inform the Department of that fact; and

Sch 8A para 5(4)(b)

the Department must inform the applicant that the application is refused.

Sch 8A para 5(5)

The independent reviewer must not determine that details of a spent conviction or other disposal should be removed from a certificate unless the independent reviewer is satisfied that the removal of those details would not undermine the safeguarding or protection of children and vulnerable adults or pose a risk of harm to the public.

Sch 8A para 6

Sch 8A para 6(1)

This paragraph applies where—

Sch 8A para 6(1)(a)

the Department proposes to issue (otherwise than under sub-paragraph (4)(b) or (6)(b)) a criminal record certificate or an enhanced criminal record certificate relating to any person; and

Sch 8A para 6(1)(b)

the certificate would—

Sch 8A para 6(1)(b)(i)

contain details of any spent conviction or other disposal which occurred at a time when the person was under the age of 18; but

Sch 8A para 6(1)(b)(ii)

not contain details of any conviction (whether spent or not) or other disposal occurring after that time.

Sch 8A para 6(2)

The Department must, before issuing the certificate, refer the certificate for review to the independent reviewer together with any information which appears to the Department to be relevant to that review.

Sch 8A para 6(3)

The independent reviewer, on receiving a referral under sub-paragraph (2) in relation to a certificate, must review the inclusion in that certificate of—

Sch 8A para 6(3)(a)

the details of any spent conviction; and

Sch 8A para 6(3)(b)

the details of any other disposal.

Sch 8A para 6(4)

If, following that review, the independent reviewer determines that the details of any spent conviction or other disposal included in the certificate should be removed—

Sch 8A para 6(4)(a)

the independent reviewer must inform the Department of that fact; and

Sch 8A para 6(4)(b)

on being so informed the Department must amend the certificate and issue the amended certificate.

Sch 8A para 6(5)

In issuing such a certificate the Department must give effect to the determination of the independent reviewer and must (in the case of an enhanced certificate) again comply with section 113B(4).

Sch 8A para 6(6)

If, following that review, the independent reviewer determines that the details of any spent convictions or other disposals included in the certificate should not be removed—

Sch 8A para 6(6)(a)

the independent reviewer must inform the Department of that fact; and

Sch 8A para 6(6)(b)

the Department must issue the certificate in the form referred to the independent reviewer.

Sch 8A para 6(7)

The independent reviewer must not determine that details of a spent conviction or other disposal should be removed from a certificate unless the independent reviewer is satisfied that the removal of those details would not undermine the safeguarding or protection of children and vulnerable adults or pose a risk of harm to the public.

Sch 8A para 6(8)

The fact that a review has been carried out under this paragraph before a certificate is issued does not prevent the operation of paragraphs 4 and 5 in relation to the certificate once issued.

Sch 8A para 7

The Chief Constable, the Department and the Probation Board for Northern Ireland must provide to the independent reviewer such information as the independent reviewer reasonably requires in connection with the exercise of his or her functions under this Schedule.

Sch 8B

OFFENCES WHICH ARE TO BE DISCLOSED SUBJECT TO RULES

Sch 8B para 1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 8B para 2

Assault excluding any assault of a kind listed in Schedule 8A.

Sch 8B para 3

Breach of the peace.

Sch 8B para 4

Clandestinely taking possession.

Sch 8B para 5

Culpable and reckless conduct.

Sch 8B para 5A

Culpable and reckless conduct to the danger of life.

Sch 8B para 6

Culpable and reckless endangering of the public.

Sch 8B para 7

Culpable and reckless fireraising.

Sch 8B para 8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 8B para 9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 8B para 10

Fraud.

Sch 8B para 10A

Hijacking.

Sch 8B para 11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 8B para 12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 8B para 13

Opening a lockfast place with intent to steal.

Sch 8B para 13A

Piracy.

Sch 8B para 14

Public indecency.

Sch 8B para 15

Reset (excluding reset of plagium).

Sch 8B para 16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 8B para 17

Theft (excluding plagium).

Sch 8B para 17A

Treason.

Sch 8B para 18

Uttering.

Sch 8B para 18A

Uttering threats.

Sch 8B para 19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 8B para 20 — Adult support and protection

An offence under section 49 of the Adult Support and Protection (Scotland) Act 2007 (obstruction).

Sch 8B para 21 — Animals

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 8B para 22 — Animals

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 8B para 23 — Animals

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 8B para 24 — Animals

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 8B para 25 — Animals

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 8B para 26 — Animals

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 8B para 27 — Animals

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 8B para 28 — Animals

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 8B para 29 — Animals

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 8B para 30 — Armed forces

An offence under section 42 of the Armed Forces Act 2006 (criminal conduct) where the corresponding offence under the law of England and Wales is, or corresponds to, an offence listed in this schedule.

Sch 8B para 31 — Assaulting or hindering public officials

An offence under section 89 of the Police Act 1996 (assaults on constables).

Sch 8B para 32 — Assaulting or hindering public officials

An offence under section 32 of the Commissioners for Revenue and Customs Act 2005 (assault).

Sch 8B para 33 — Assaulting or hindering public officials

An offence under the Emergency Workers (Scotland) Act 2005.

Sch 8B para 34 — Assaulting or hindering public officials

An offence under section 85 of the Fire (Scotland) Act 2005 (false alarms).

Sch 8B para 35 — Assaulting or hindering public officials

An offence under section 90 of the Police and Fire Reform (Scotland) Act 2012 (assaulting or impeding police).

Sch 8B para 35A — Aviation, maritime and spaceflight

An offence under the Piracy Act 1837.

Sch 8B para 36 — Aviation

An offence under any of the following provisions of the Aviation Security Act 1982—

Sch 8B para 36(a)

section 1 (hijacking),

Sch 8B para 36(b)

section 2 (destroying, damaging or endangering safety of aircraft),

Sch 8B para 36(c)

section 3 (other acts endangering or likely to endanger safety of aircraft),

Sch 8B para 36(d)

section 4 (offences in relation to certain dangerous articles).

Sch 8B para 36A — Aviation

An offence under section 9 of the Aviation and Maritime Security Act 1990 (hijacking of ships).

Sch 8B para 36B — Aviation

An offence under article 265 of the Air Navigation Order 2016 in respect of a contravention of article 240 of that Order (endangering safety of an aircraft).

Sch 8B para 36C — Aviation

An offence under any of the following paragraphs of schedule 4 of the Space Industry Act 2018—

Sch 8B para 36C(a)

paragraph 1 (hijacking of spacecraft),

Sch 8B para 36C(b)

paragraph 2 (destroying, damaging or endangering safety of spacecraft),

Sch 8B para 36C(c)

paragraph 3 (other acts of endangering or likely to endanger safety of spacecraft),

Sch 8B para 36C(d)

paragraph 5 (offences in relation to certain dangerous articles).

Sch 8B para 37 — Bomb hoaxes

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 8B para 38 — Bribery

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 8B para 39 — Care services

An offence under any of the following provisions of the Regulation of Care (Scotland) Act 2001—

Sch 8B para 39(a)

section 45 (application for registration under Part 3); and

Sch 8B para 39(b)

section 52 (use of title “social worker” etc.).

Sch 8B para 40 — Care services

An offence under any of the following provisions of the Public Services Reform (Scotland) Act 2010—

Sch 8B para 40(a)

section 80(1) (offences in relation to registration under Chapter 3);

Sch 8B para 40(b)

section 81 (false statements in application under Chapter 3); and

Sch 8B para 40(c)

section 90 (offences under Chapter 4).

Sch 8B para 41 — Care services

An offence under article 27 of the Public Services Reform (General Teaching Council for Scotland) Order 2011 (offences).

Sch 8B para 42 — Care services

An offence under regulation 19 of the Social Care and Social Work Improvement (Scotland) (Requirements for Care Services) Regulations 2011 (offences).

Sch 8B para 43 — Charities

An offence under the Charities and Trustee Investment (Scotland) Act 2005.

Sch 8B para 44 — Child Support

An offence under section 50 of the Child Support Act 1991 (unauthorised disclosure of information).

Sch 8B para 45 — Children

An offence under section 6 of the Child Abduction Act 1984 (offence in Scotland of parent, etc. taking or sending child out of United Kingdom).

Sch 8B para 45A — Computer misuse

An offence under any of the following provisions of the Computer Misuse Act 1990—

Sch 8B para 45A(a)

section 1 (unauthorised access to computer material),

Sch 8B para 45A(b)

section 2 (unauthorised access with intent to commit or facilitate commission of further offences),

Sch 8B para 45A(c)

section 3 (unauthorised acts with intent to impair, or with recklessness as to impairing, operation of a computer etc.),

Sch 8B para 45A(d)

section 3A (making, supplying or obtaining articles for use in an offence under section 1, 3 or 3ZA).

Sch 8B para 46 — Crossbows

An offence under section 1 of the Crossbows Act 1987 (sale and letting on hire).

Sch 8B para 47 — Domestic abuse

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 8B para 48 — Drugs

An offence under any of the following provisions of the Misuse of Drugs Act 1971—

Sch 8B para 48(a)

section 3 (restriction of importation and exportation of controlled drugs);

Sch 8B para 48(b)

section 4 (restriction of production and supply of controlled drugs);

Sch 8B para 48(c)

section 4A (aggravation of offence of supply of controlled drug);

Sch 8B para 48(d)

section 5(3) (restriction of possession of controlled drugs);

Sch 8B para 48(e)

section 6 (restriction of cultivation of cannabis plant);

Sch 8B para 48(f)

section 8(a) and (b) (occupiers etc. of premises to be punishable for certain activities taking place there);

Sch 8B para 48(g)

section 12 (directions prohibiting prescribing, supply etc. of controlled drugs by practitioners etc. convicted of certain offences);

Sch 8B para 48(h)

section 13 (directions prohibiting prescribing, supply etc. of controlled drugs by practitioners in other cases);

Sch 8B para 48(i)

section 17 (power to obtain information from doctors, pharmacists etc. in certain circumstances);

Sch 8B para 48(j)

section 19 (attempts etc. to commit offences), but only in relation to an offence listed in sub-paragraphs (a) to (i) of this paragraph; and

Sch 8B para 48(k)

section 20 (assisting in or inducing commission outside United Kingdom of offence punishable under corresponding law).

Sch 8B para 49 — Drugs

An offence under any of the following provisions of the Customs and Excise Management Act 1979 in relation to goods prohibited to be imported or exported under section 3(1) of the Misuse of Drugs Act 1971 (restriction of importation and exportation of controlled drugs)—

Sch 8B para 49(a)

section 50(2) or (3) (penalty for improper importation of goods);

Sch 8B para 49(b)

section 68(2) (offences in relation to exportation of prohibited or restricted goods); and

Sch 8B para 49(c)

section 170 (fraudulent evasion of duty).

Sch 8B para 50 — Drugs

An offence under the Criminal Justice (International Co-operation) Act 1990.

Sch 8B para 50A — Drugs

An offence under any of the following provisions of the Psychoactive Substances Act 2016—

Sch 8B para 50A(a)

section 5 (supplying, or offering to supply, a psychoactive substance),

Sch 8B para 50A(b)

section 7 (possession of psychoactive substance with the intent to supply),

Sch 8B para 50A(c)

section 8 (importing or exporting a psychoactive substance),

Sch 8B para 50A(d)

section 9 (possession of a psychoactive substance in a custodial institution),

Sch 8B para 50A(e)

section 48 (offence in relation to enforcement officers).

Sch 8B para 51 — Escape from custody etc.

An offence under section 316 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (inducing and assisting absconding etc.).

Sch 8B para 52 — Escape from custody etc.

An offence under section 91 of the Police and Fire Reform (Scotland) Act 2012 (escape from custody).

Sch 8B para 53 — Financial Services

An offence under the Financial Services and Markets Act 2000.

Sch 8B para 54 — Financial Services

An offence under the Financial Services Act 2012.

Sch 8B para 55 — Fire safety

An offence under section 72(1) or (3) of the Fire (Scotland) Act 2005 (offences).

Sch 8B para 56 — Firearms

An offence under any of the following provisions of the Firearms Act 1968—

Sch 8B para 56(a)

section 1 (requirement of firearms certificate);

Sch 8B para 56(b)

section 2 (requirement of certificate for possession of shot guns);

Sch 8B para 56(c)

section 3 (business and other transactions with firearms and ammunition firearms);

Sch 8B para 56(d)

section 22 (acquisition and possession of firearms by minors);...

Sch 8B para 56(e)

section 23 (exceptions from section 22(4)).

Sch 8B para 56(f)

section 28A(7) (certificates: supplementary);

Sch 8B para 56(g)

section 29 (variation of firearm certificates);

Sch 8B para 56(h)

section 30D(3) (revocation of certificates: supplementary);

Sch 8B para 56(i)

section 39 (offences in connection with registration);

Sch 8B para 56(j)

section 40 (compulsory register of transactions in firearms).

Sch 8B para 57 — Firearms

An offence under section 50(5) of the Civic Government (Scotland) Act 1982 (drunk in possession of firearm).

Sch 8B para 58 — Firearms

An offence under the Firearms (Amendment) Act 1997.

Sch 8B para 59 — Firearms

An offence under any of the following provisions of the Violent Crime Reduction Act 2006—

Sch 8B para 59(a)

section 28 (using someone to mind a weapon);

Sch 8B para 59(b)

section 32 (sales of air weapons by way of trade or business to be face to face);

Sch 8B para 59(c)

section 35 (restriction on sale and purchase of primers); and

Sch 8B para 59(d)

section 36 (manufacture, import and sale of realistic imitation firearms).

Sch 8B para 59A — Firearms

An offence under section 31 of the Air Weapons and Licensing (Scotland) Act 2015 (false statements, certificate and permits).

Sch 8B para 60 — Food safety and standards

An offence under any of the following provisions of the Food Safety Act 1990—

Sch 8B para 60(a)

section 7 (rendering food injurious to health); and

Sch 8B para 60(b)

section 9 (inspection and seizure of suspected food).

Sch 8B para 61 — Food safety and standards

An offence under regulation 4(b) of the General Food Regulations 2004.

Sch 8B para 62 — Forced marriage

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Sch 8B para 63 — Fraud and forgery

An offence under any of the following provisions of the Forgery and Counterfeiting Act 1981—

Sch 8B para 63(a)

section 18 (offence of reproducing British currency notes),

Sch 8B para 63(b)

section 19 (offences of making etc. imitation British coins).

Sch 8B para 64 — Fraud and forgery

An offence under section 46A of the Criminal Law (Consolidation) (Scotland) Act 1995 (false monetary instruments).

Sch 8B para 64A — Fraud and forgery

An offence under the Fraud Act 2006.

Sch 8B para 64B — Fraud and forgery

An offence under section 993 of the Companies Act 2006 (offence of fraudulent trading).

Sch 8B para 65 — Fraud and forgery

An offence under section 49 of the Criminal Justice and Licensing (Scotland) Act 2010 (articles for use in fraud).

Sch 8B para 66 — Fraud and forgery

An offence under section 92 of the Police and Fire Reform (Scotland) Act 2012 (impersonation etc.).

Sch 8B para 67 — Harassment

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Sch 8B para 68 — Harassment

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Sch 8B para 69 — Immigration, etc.

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Sch 8B para 70 — Immigration, etc.

An offence under any of the following provisions of the Immigration and Asylum Act 1999—

Sch 8B para 70(a)

section 105 (false representations);

Sch 8B para 70(b)

section 106 (dishonest representations); and

Sch 8B para 70(c)

any of the following paragraphs of Schedule 11—

Sch 8B para 70(c)(i)

paragraph 1 (obtaining certificates of authorisation by false pretences);

Sch 8B para 70(c)(ii)

paragraph 4 (assaulting a detainee custody officer); and

Sch 8B para 70(c)(iii)

paragraph 5 (obstructing detainee custody officer).

Sch 8B para 70(d)

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Sch 8B para 71 — Immigration, etc.

An offence under section 35 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (deportation or removal: cooperation).

Sch 8B para 72 — Immigration, etc.

An offence under section 21 of the Immigration, Asylum and Nationality Act 2006 (offence).

Sch 8B para 73 — Insolvency

An offence under any of the following provisions of the Insolvency Act 1986—

Sch 8B para 73(a)

section 131 (company’s statement of affairs);

Sch 8B para 73(b)

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Sch 8B para 73(c)

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Sch 8B para 73(d)

section 216 (restriction on re-use of company names); and

Sch 8B para 73(e)

section 235 (duty to co-operate with office-holder).

Sch 8B para 74 — Landmines

An offence under section 2 of the Landmines Act 1998 (prohibited conduct).

Sch 8B para 74A — Lasers

An offence under the Laser Misuse (Vehicles) Act 2018.

Sch 8B para 75 — Medicines

An offence under section 67(2) or(3) (offences under Part III) of the Medicines Act 1968.

Sch 8B para 76 — Medicines

An offence under any of the following provisions of the Human Medicines Regulations 2012—

Sch 8B para 76(a)

regulation 34(1) (offences: breach of regulations and false information and defence concerning starting materials); and

Sch 8B para 76(b)

regulation 255(1)(a), (b), (c) or (d) (offences relating to dealings with medicinal products).

Sch 8B para 77 — Mental health

An offence under section 318 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (false statements).

Sch 8B para 78 — Neglect of duty

An offence under Part 4 (shipping: alcohol and drugs) or Part 5 (aviation: alcohol and drugs) of the Railways and Transport Safety Act 2003.

Sch 8B para 79 — Neglect of duty

An offence under section 22 of the Police and Fire Reform (Scotland) Act 2012 (failure to perform duty).

Sch 8B para 80 — Obscene material etc.

An offence under section 1(1) of the Indecent Displays Act 1981 (indecent displays).

Sch 8B para 81 — Obscene material etc.

An offence under any of the following provisions of the Civic Government (Scotland) Act 1982—

Sch 8B para 81(a)

section 51 (obscene material);

Sch 8B para 81(b)

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Sch 8B para 81(c)

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Sch 8B para 82 — Obscene material etc.

An offence under section 85(3) of the Postal Services Act 2000 (prohibition on sending certain articles by post).

Sch 8B para 83 — Obscene material etc.

An offence under section 127(1) of the Communications Act 2003 (improper use of public electronic communications network).

Sch 8B para 84 — Offences in relation to children

An offence under any of the following provisions of the Children and Young Persons (Scotland) Act 1937—

Sch 8B para 84(a)

section 15 (causing or allowing persons under 16 to be used for begging);

Sch 8B para 84(b)

section 22 (exposing children under seven to risk of burning);

Sch 8B para 84(c)

section 31(1) (penalties and legal proceedings in respect of general provisions as to employment);

Sch 8B para 84(d)

section 33 (prohibition of persons under sixteen taking part in performances endangering life or limb); and

Sch 8B para 84(e)

section 34 (restrictions on training for performances of a dangerous nature).

Sch 8B para 85 — Offences in relation to children

An offence under section 40(1) of the Children and Young Persons Act 1963 (offences).

Sch 8B para 86 — Offences in relation to children

An offence under section 50(2) of the Civic Government (Scotland) Act 1982 (drunk in charge of a child).

Sch 8B para 87 — Offences in relation to children

An offence under section 81 of the Children (Scotland) Act 1995 (offences in connection with orders etc. for the protection of children).

Sch 8B para 88 — Offences in relation to children

An offence under any of the following provisions of the Children’s Hearings (Scotland) Act 2011—

Sch 8B para 88(a)

section 59 (offences); and

Sch 8B para 88(b)

section 171 (offences related to absconding).

Sch 8B para 88A — Offences in relation to children

An offence under section 75 of the Age of Criminal Responsibility (Scotland) Act 2019.

Sch 8B para 89 — Offensive behaviour etc.

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Sch 8B para 90 — Offensive weapons

An offence under the Restriction of Offensive Weapons Act 1959.

Sch 8B para 91 — Offensive weapons

An offence under section 50(3) (penalty for improper importation of goods) or section 170 (fraudulent evasion of duty) of the Customs and Excise Management Act 1979 in relation to goods prohibited to be imported under—

Sch 8B para 91(a)

section 1(2) of the Restriction of Offensive Weapons Act 1959 (penalties for offences in connection with dangerous weapons); or

Sch 8B para 91(b)

section 141(4) of the Criminal Justice Act 1988 (offensive weapons).

Sch 8B para 92 — Offensive weapons

An offence under any of the following provisions of the Criminal Justice Act 1988—

Sch 8B para 92(a)

section 141 (offensive weapons); and

Sch 8B para 92(b)

section 141A (sale of knives and certain articles with blade or point to persons under eighteen).

Sch 8B para 93 — Offensive weapons

An offence under any of the following provisions of the Criminal Law (Consolidation) (Scotland) Act 1995—

Sch 8B para 93(a)

section 47 (prohibition of the carrying of offensive weapons);

Sch 8B para 93(b)

section 48 (search for offensive weapons);

Sch 8B para 93(c)

section 49 (offence of having in a public place an article with a blade or point);

Sch 8B para 93(d)

section 49A (offence of having article with blade or point (or offensive weapon) on school premises);

Sch 8B para 93(e)

section 49C (offence of having offensive weapon etc. in prison); and

Sch 8B para 93(f)

section 50 (extension of constable’s power to stop, search and arrest without warrant).

Sch 8B para 93A — Offensive weapons

An offence under any of the following provisions of the Offensive Weapons Act 2019—

Sch 8B para 93A(a)

section 1 (sale of corrosive products to persons under 18),

Sch 8B para 93A(b)

section 6 (offence of having a corrosive substance in a public place),

Sch 8B para 93A(c)

section 11(5) (offences of obstruction and concealment relating to a search for corrosive substances: Scotland).

Sch 8B para 94 — Official Secrets Acts

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Sch 8B para 95 — Official Secrets Acts

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Sch 8B para 96 — Prisons

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Sch 8B para 97 — Proceeds of crime and money laundering

An offence under any of the following provisions of the Proceeds of Crime Act 2002—

Sch 8B para 97(a)

section 339(1A) (making disclosures otherwise than in the prescribed form and manner);

Sch 8B para 97(b)

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Sch 8B para 97(c)

section 453A (certain offences in relation to financial investigators).

Sch 8B para 98 — Proceeds of crime and money laundering

An offence under the Proceeds of Crime Act 2002 (External Investigations) Order 2013.

Sch 8B para 99 — Proceeds of crime and money laundering

An offence under the Proceeds of Crime Act 2002 (External Investigations) (Scotland) Order 2015.

Sch 8B para 100 — Prostitution

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Sch 8B para 101 — Prostitution

An offence under the Prostitution (Public Places) (Scotland) Act 2007.

Sch 8B para 102 — Public order

An offence under any of the following provisions of the Public Order Act 1986—

Sch 8B para 102(a)

section 1 (riot);

Sch 8B para 102(b)

section 2 (violent disorder);

Sch 8B para 102(c)

section 3 (affray);

Sch 8B para 102(d)

section 4 (fear or provocation of violence);

Sch 8B para 102(e)

section 4A (intentional harassment, alarm or distress);

Sch 8B para 102(ea)

section 4B (intentional harassment, alarm or distress on account of sex);

Sch 8B para 102(f)

section 5 (harassment alarm or distress);

Sch 8B para 102(g)

section 18 (use of words or behaviour or display of written material);

Sch 8B para 102(h)

section 19 (publishing or distributing written material);

Sch 8B para 102(i)

section 20 (public performance of play);

Sch 8B para 102(j)

section 21 (distributing, showing or playing a recording);

Sch 8B para 102(k)

section 22 (broadcasting or including programme in cable programme service);

Sch 8B para 102(l)

section 23 (possession of racially inflammatory material);

Sch 8B para 102(m)

section 29B (use of words or behaviour or display of written material);

Sch 8B para 102(n)

section 29C (publishing or distributing written material);

Sch 8B para 102(o)

section 29D (public performance of play);

Sch 8B para 102(p)

section 29E (distributing, showing or playing recording);

Sch 8B para 102(q)

section 29F (broadcasting or including programme in programme service); and

Sch 8B para 102(r)

section 29G (possession of inflammatory material).

Sch 8B para 102A — Public order

An offence under section 68(1) of the Criminal Justice and Public Order Act 1994 (aggravated trespass).

Sch 8B para 103 — Road traffic

An offence under any of the following provisions of the Road Traffic Act 1988—

Sch 8B para 103(a)

section 1A (causing serious injury by dangerous driving);

Sch 8B para 103(b)

section 2 (dangerous driving);

Sch 8B para 103(c)

section 2B (causing death by careless, or inconsiderate, driving);

Sch 8B para 103(d)

section 3ZB (causing death by driving: unlicensed or uninsured drivers);

Sch 8B para 103(e)

section 3ZD (causing serious injury by driving: disqualified drivers);

Sch 8B para 103(f)

section 4(1) (driving, or being in charge, when under the influence of drink or drugs);

Sch 8B para 103(g)

section 5(1)(driving or being in charge of a motor vehicle with alcohol concentration above prescribed limit);...

Sch 8B para 103(ga)

section 5A (driving or being in charge of a motor vehicle with concentration of specified controlled drug above specified limit);

Sch 8B para 103(h)

section 178 (taking motor vehicle without authority, etc.).

Sch 8B para 104 — Sexual offences

An offence under section 37(1) or (4) of the Sexual Offences (Scotland) Act 2009 (older children engaging in sexual conduct with each other).

Sch 8B para 105 — Solicitors

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Sch 8B para 106 — Terrorism

An offence under any of the following provisions of the Terrorism Act 2000—

Sch 8B para 106(a)

section 13 (uniform);

Sch 8B para 106(b)

section 36 (police powers);

Sch 8B para 106(c)

section 51 (offences);

Sch 8B para 106(d)

section 116 (powers to stop and search);

Sch 8B para 106(e)

paragraph 32 of Schedule 5 (urgent cases); and

Sch 8B para 106(f)

paragraph 18 of Schedule 7 (offences).

Sch 8B para 106A — Threatening or abusive behaviour

An offence under section 38 of the Criminal Justice and Licensing (Scotland) Act 2010 (threatening or abusive behaviour).

Sch 8B para 107 — Vets

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Sch 8B para 108 — Miscellaneous statutory offences

An offence under any of the following provisions of the Civic Government (Scotland) Act 1982—

Sch 8B para 108(a)

section 57 (being in or on building etc. with intent to commit theft);

Sch 8B para 108(b)

section 58 (convicted thief in possession); and

Sch 8B para 108(c)

section 60 (powers of search and seizure).

Sch 8B para 109 — Miscellaneous statutory offences

An offence under section 22 of the Rent (Scotland) Act 1984 (unlawful eviction and harassment of occupier).

Sch 8B para 109A — Miscellaneous statutory offences

An offence under section 1 of the Malicious Communications Act 1988 (sending letters etc. with intent to cause distress or anxiety).

Sch 8B para 110 — Miscellaneous statutory offences

An offence under any of the following provisions of the Postal Services Act 2000—

Sch 8B para 110(a)

section 83 (interfering with the mail: postal operators),

Sch 8B para 110(b)

section 85(1) (prohibition on sending certain articles by post).

Sch 8B para 111 — Miscellaneous statutory offences

An offence under any of the following provisions of the Serious Organised Crime and Police Act 2005—

Sch 8B para 111(a)

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Sch 8B para 111(b)

section 129 (corresponding Scottish offence);

Sch 8B para 111(c)

section 145 (interference with contractual relationships so as to harm animal research organisation); and

Sch 8B para 111(d)

section 146 (intimidation of persons connected with animal research organisation).

Sch 8B para 112 — Statutory aggravations

An offence (other than an offence listed in schedule 8A) in relation to which either of the following provisions applies—

Sch 8B para 112(a)

section 96 of the Crime and Disorder Act 1998 (offences racially aggravated); or

Sch 8B para 112(b)

section 74 of the Criminal Justice (Scotland) Act 2003 (offences aggravated by religious prejudice).

Sch 8B para 113 — Statutory aggravations

An offence (other than an offence listed in schedule 8A) to which either of the following provisions of the Offences (Aggravation by Prejudice) (Scotland) Act 2009 applies—

Sch 8B para 113(a)

section 1(1) (prejudice relating to disability); or

Sch 8B para 113(b)

section 2(1) (prejudice relating to sexual orientation or transgender identity).

Sch 8B para 114 — Common law aggravations

An offence (other than an offence listed in schedule 8A or in paragraph 112 of this schedule), the conviction for which indicates that it included an element of racial prejudice or was racially motivated.

Sch 8B para 115 — Common law aggravations

An offence (other than an offence listed in schedule 8A or in paragraph 112 of this schedule), the conviction for which indicates that it included an element of religious prejudice or was motivated by religious prejudice.

Sch 8B para 116 — Inchoate offences

An offence committed by aiding, abetting, counselling, procuring or inciting the commission of any offence listed in paragraphs 1 to 115 of this schedule.

Sch 8B para 117 — Inchoate offences

An offence committed by attempting or conspiring to commit any offence listed in paragraphs 1 to 115 of this schedule.

Sch 8B para 118 — Superseded offences

An offence superseded (whether directly or indirectly) by any offence listed in paragraphs 1 to 117 of this schedule (and any qualification in relation to a listed offence applies to the superseded offence as it applies to the listed offence).

Sch 8B para 119 — Combined offences

An offence which was charged, and the conviction for which was received, in conjunction with any offence listed in paragraphs 1 to 118 of this schedule.

Sch 8B para 120 — Corresponding offences elsewhere in the UK or abroad

An offence under the law of England and Wales or Northern Ireland, or any country or territory outside the United Kingdom, which corresponds to any offence listed in paragraphs 1 to 119 of this schedule.

Sch 9

Minor and Consequential Amendments

Sch 9 para 1

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Sch 9 para 2

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Sch 9 para 3

In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part II of the Table at the end of paragraph 3 there shall be inserted at the appropriate place— .

Sch 9 para 4

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Sch 9 para 5

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Sch 9 para 6

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Sch 9 para 7

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Sch 9 para 8

The Police (Scotland) Act 1967 shall be amended as follows.

Sch 9 para 9

In section 27(3) (regulations as to police cadets), after “(1A),” there shall be inserted “ (2B), ”.

Sch 9 para 10

At the end of section 28 (regulations as to standards of equipment) (which becomes subsection (1)) ...

Sch 9 para 11

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Sch 9 para 12

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Sch 9 para 13

In section 38 (constables engaged on central service and certain temporary service), in subsection (3A), after “service” there shall be inserted “ , or on temporary service such as is mentioned in paragraph (ba) or (bb) of the said section 38A(1), ”.

Sch 9 para 14

In section 38A (constables engaged on service outside their force)—

Sch 9 para 14(a)

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Sch 9 para 14(b)

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Sch 9 para 15

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Sch 9 para 16

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Sch 9 para 17

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Sch 9 para 18

In section 54 of the Firearms Act 1968 (application of Act to Crown servants), in subsection (3) (which provides that members of police forces and certain employees of police authorities are deemed to be in the service of Her Majesty), at the end of paragraph (b) there shall be inserted .

Sch 9 para 19

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Sch 9 para 20

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Sch 9 para 21

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Sch 9 para 22

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Sch 9 para 23

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Sch 9 para 24

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Sch 9 para 25

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Sch 9 para 26

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Sch 9 para 27

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Sch 9 para 28

In subsection (2) of section 12 of the District Courts (Scotland) Act 1975 (disqualification in certain cases of justices who are members of local authorities), the following shall be inserted as the first paragraph— .

Sch 9 para 29

Sch 9 para 29(1)

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Sch 9 para 29(2)

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Sch 9 para 29(3)

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Sch 9 para 30

Sch 9 para 30(1)

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Sch 9 para 30(2)

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Sch 9 para 30(3)

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Sch 9 para 31

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Sch 9 para 32

In section 53 of the Fair Employment (Northern Ireland) Act 1976 (police), in subsection (6), in the definition of “chief officer of police”, after paragraph (a) there shall be inserted— .

Sch 9 para 33

Sch 9 para 33(1)

Section 11 of the Police Pensions Act 1976 (interpretation) shall be amended as follows.

Sch 9 para 33(2)

In subsection (2)—

Sch 9 para 33(2)(a)

the word “and” after paragraph (a) shall be omitted,

Sch 9 para 33(2)(b)

in paragraph (b) after “it means” there shall be inserted “, subject to paragraphs (c) to (e) below,”, and

Sch 9 para 33(2)(c)

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Sch 9 para 33(3)

In subsection (5), in the definition of “central service”—

Sch 9 para 33(3)(a)

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Sch 9 para 33(3)(b)

after “1967” there shall be inserted “or means relevant service within paragraph (ba) or (bb) of section 38A(1) of the said Act of 1967”.

Sch 9 para 34

In each of sections 51 and 59 of the Local Government (Miscellaneous Provisions) Act 1976 (licensing of drivers of private hire vehicles and hackney carriages), subsection (1A) shall be omitted.

Sch 9 para 35

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Sch 9 para 36

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Sch 9 para 37

In Article 19 of the Sex Discrimination (Northern Ireland) Order 1976 (police), in paragraph (6), in the definition of “chief officer of police”, after sub-paragraph (a) there shall be inserted— .

Sch 9 para 38

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Sch 9 para 39

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Sch 9 para 40

In section 64 of the Justices of the Peace Act 1979 (disqualification in certain cases of justices who are members of local authorities), in subsection (6) (definition of local authority), after “1996” there shall be inserted “ , the Service Authority for the National Criminal Intelligence Service, the Service Authority for the National Crime Squad ”.

Sch 9 para 41

In Part I of Schedule 1 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980, in Group B (ineligibility for jury service of certain persons concerned with the administration of justice), after paragraph (n) there shall be inserted— .

Sch 9 para 42

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Sch 9 para 43

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Sch 9 para 44

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Sch 9 para 45

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Sch 9 para 46

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Sch 9 para 47

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Sch 9 para 48

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Sch 9 para 49

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Sch 9 para 50

In section 106 of the Housing Associations Act 1985 (minor definitions), in subsection (1), in the definition of “local authority”, after “1996” there shall be inserted “ and the Service Authority for the National Crime Squad and the Service Authority for the National Criminal Intelligence Service ”.

Sch 9 para 51

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Sch 9 para 52

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Sch 9 para 53

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Sch 9 para 54

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Sch 9 para 55

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Sch 9 para 56

In section 65A (which was inserted by section 3 of the Local Government and Rating Act 1997 and makes provision about Crown property), in subsection (4)(b) for the words from “or by a police authority” to the end there shall be substituted “ , a police authority established under section 3 of the Police Act 1996, the Service Authority for the National Criminal Intelligence Service or the Service Authority for the National Crime Squad ”.

Sch 9 para 57

In Schedule 1 to the Housing Act 1988 (tenancies which cannot be assured tenancies), in paragraph 12 (local authority tenancies, etc.), in sub-paragraph (2)(g), after “1996” there shall be inserted “ , the Service Authority for the National Criminal Intelligence Service and the Service Authority for the National Crime Squad ”.

Sch 9 para 58

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Sch 9 para 59

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Sch 9 para 60

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Sch 9 para 61

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Sch 9 para 62

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Sch 9 para 63

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Sch 9 para 64

In section 22 of the Aviation and Maritime Security Act 1990 (power to require harbour authorities to promote searches in harbour areas), in subsection (4)(b)—

Sch 9 para 64(a)

the words “who is a member of a body of constables maintained” shall be omitted,

Sch 9 para 64(b)

at the beginning of both sub-paragraph (i) and sub-paragraph (ii) there shall be inserted “ who is a member of a body of constables maintained ”, and

Sch 9 para 64(c)

at the end of sub-paragraph (ii) there shall be inserted .

Sch 9 para 65

Section 47 of the Road Traffic Act 1991 (applications for licences to drive hackney carriages etc.) shall cease to have effect.

Sch 9 para 66

In section 19 of the Local Government Finance Act 1992 (exclusion of Crown exemption in certain cases), in subsection (3), for “and” at the end of paragraph (c) there shall be substituted— .

Sch 9 para 67

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Sch 9 para 68

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Sch 9 para 69

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Sch 9 para 70

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Sch 9 para 71

Sch 9 para 71(1)

Section 22 of the Criminal Appeals Act 1995 (meaning of “public body” etc.) shall be amended as follows.

Sch 9 para 71(2)

In subsection (2)—

Sch 9 para 71(2)(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 9 para 71(2)(b)

for paragraph (b) (meaning of “chief officer of police”) there shall be substituted— ,

Sch 9 para 71(2)(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 9 para 71(2)(d)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 9 para 71(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 9 para 72

The Police Act 1996 shall be amended as follows.

Sch 9 para 73

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Sch 9 para 74

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Sch 9 para 75

At the end of section 53 (regulations as to standards of equipment) (which becomes subsection (1)) there shall be added— .

Sch 9 para 76

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Sch 9 para 77

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Sch 9 para 78

Sch 9 para 78(1)

Section 57 (common services) shall be amended as follows.

Sch 9 para 78(2)

After subsection (3) there shall be inserted— .

Sch 9 para 78(3)

In subsection (4), at the end of paragraph (b) there shall be added .

Sch 9 para 78(4)

After subsection (4) there shall be added— .

Sch 9 para 79

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Sch 9 para 80

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Sch 9 para 81

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Sch 9 para 82

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Sch 9 para 83

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Sch 9 para 84

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Sch 9 para 85

In section 88 (liability for wrongful acts of constables), in subsection (5)(b), after “or 98” there shall be inserted “ of this Act or section 23 of the Police Act 1997 ”.

Sch 9 para 86

Sch 9 para 86(1)

Section 97 (police officers engaged on service outside their force) shall be amended as follows.

Sch 9 para 86(2)

In subsection (1), after paragraph (c) there shall be inserted— .

Sch 9 para 86(3)

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Sch 9 para 86(4)

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Sch 9 para 87

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Sch 9 para 88

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Sch 9 para 89

In section 3 of the Housing Grants, Construction and Regeneration Act 1996 (persons ineligible for grant under Chapter I of Part I of that Act), in subsection (2), for paragraph (g) there shall be substituted— .

Sch 9 para 90

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Sch 9 para 91

In Schedule 2 to the Juries (Northern Ireland) Order 1996 (persons ineligible for jury service), after the entry for members and staff of the Northern Ireland Policing Board there shall be inserted— .

Sch 9 para 92

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Sch 10

Repeals

s. 113A — Criminal record certificates

s. 113A(1)

The Secretary of State must issue a criminal record certificate to any individual who—

s. 113A(1)(a)

makes an application...,

s. 113A(1)(aa)

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

s. 113A(1)(b)

pays in the prescribed manner any prescribed fee.

s. 113A(2)

The application must—

s. 113A(2)(a)

be countersigned by a registered person, and

s. 113A(2)(b)

be accompanied by a statement by the registered person that the certificate is required for the purposes of an exempted question.

s. 113A(2A)

But an application for a criminal record certificate need not be countersigned by a registered person if—

s. 113A(2A)(a)

the application is transmitted to the Department electronically by a registered person who satisfies conditions determined by the Department, and

s. 113A(2A)(b)

it is transmitted in accordance with requirements determined by the Department.

s. 113A(3)

A criminal record certificate is a certificate which—

s. 113A(3)(a)

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

s. 113A(3)(b)

states that there is no such matter.

s. 113A(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 113A(5)

The Secretary of State may treat an application under this section as an application under section 113B if—

s. 113A(5)(a)

in his opinion the certificate is required for a purpose prescribed under subsection (2) of that section,

s. 113A(5)(b)

the registered person provides him with the statement required by that subsection, and

s. 113A(5)(c)

the applicant consents and pays to the Secretary of State the amount (if any) by which the fee payable in relation to an application under that section exceeds the fee paid in relation to the application under this section.

s. 113A(6)

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 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;“relevant matter”, in this section as it has effect in Northern Ireland, means–any of the following convictions–a conviction of an offence within subsection (6D); a conviction in respect of which a sentence of imprisonment, a sentence of service detention or custodial order was imposed;... a current conviction; or a current conviction of any offence, except an offence within subsection (6D), stated by a court to be aggravated under section 15 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a caution, restorative caution, diversionary youth conference or informed warning given in respect of an offence within subsection (6D); a current caution, restorative caution, diversionary youth conference or informed warning.

s. 113A(6D)

The offences referred to in paragraphs (a)(i) and (c) of the definition of “relevant matter” in subsection (6), as it has effect in Northern Ireland, are as follows–

s. 113A(6D)(a)

The following offences–

s. 113A(6D)(a)(i)

Abducting girl under 18 with intention of marriage;

s. 113A(6D)(a)(ii)

Abducting girl under 18;

s. 113A(6D)(a)(iii)

Affray;

s. 113A(6D)(a)(iv)

Breach of the peace;

s. 113A(6D)(a)(v)

False imprisonment;

s. 113A(6D)(a)(vi)

Going armed so as to terrify the public;

s. 113A(6D)(a)(vii)

Indecency – outraging public decency;

s. 113A(6D)(a)(viii)

Kidnapping;

s. 113A(6D)(a)(ix)

Manslaughter;

s. 113A(6D)(a)(x)

Murder;

s. 113A(6D)(a)(xi)

Publishing obscene libel;

s. 113A(6D)(a)(xii)

Publishing/exhibiting/selling indecent/obscene things;

s. 113A(6D)(a)(xiii)

Rape;

s. 113A(6D)(a)(xiv)

Riot;

s. 113A(6D)(a)(xv)

Rout (incipient riot); and

s. 113A(6D)(a)(xvi)

Unlawful assembly.

s. 113A(6D)(b)

an offence under section 1 of the Unlawful Drilling Act 1819;

s. 113A(6D)(c)

an offence under section 10 or 11 of the Slave Trade Act 1824;

s. 113A(6D)(d)

an offence under section 2 or 3 of the Tumultuous Risings (Ireland) Act 1831;

s. 113A(6D)(e)

an offence under section 35 of the Malicious Damage Act 1861;

s. 113A(6D)(f)

an offence under section 32, 33, 34, 58, 59 or 64 of the Offences Against the Person Act 1861;

s. 113A(6D)(g)

an offence under section 26 of the Criminal Justice Act (Northern Ireland) 1945;

s. 113A(6D)(h)

an offence under section 2 of the Nuclear Installations Act 1965;

s. 113A(6D)(i)

an offence under section 13, 13A or 13B of the Criminal Justice Act (Northern Ireland) 1966;

s. 113A(6D)(j)

an offence under section 5(1) of the Criminal Law Act (NI) 1967;

s. 113A(6D)(k)

an offence under section 25 or 30 of the Children and Young Persons Act (Northern Ireland) 1968;

s. 113A(6D)(l)

an offence under section 7(2)(a), 52, 58(2)(a), 58(2)(b), 63(b), 67 or 67 (1A) of the Medicines Act 1968;

s. 113A(6D)(m)

an offence under section 1, 2 or 3 of the Protection of Persons and Property Act (Northern Ireland) 1969;

s. 113A(6D)(n)

an offence under section 7 of the Public Order Amendment Act (Northern Ireland) 1970;

s. 113A(6D)(o)

an offence under section 4(2), 5(2), 5(3), 6(2), 8, 9, 11, 12, 13, 18, 19, 20 or 23 of the Misuse of Drugs Act 1971;

s. 113A(6D)(p)

an offence under section 1 of the Biological Weapons Act 1974;

s. 113A(6D)(q)

an offence under section 2 of the Criminal Jurisdiction Act 1975;

s. 113A(6D)(r)

an offence under Article 5 of the Poisons (Northern Ireland) Order 1976;

s. 113A(6D)(s)

an offence under Article 4 or 5 of the Criminal Damage (Northern Ireland) Order 1977;

s. 113A(6D)(t)

an offence under Article 19 of the Criminal Damage (Compensation) (Northern Ireland) Order 1977;

s. 113A(6D)(u)

an offence under Article 3 of the Criminal Law (Amendment) (Northern Ireland) Order 1977;

s. 113A(6D)(v)

an offence under section 50 of the Customs and Excise Management Act 1979;

s. 113A(6D)(w)

an offence under section 6(2) or section 7(2) of the Aviation Security Act 1982;

s. 113A(6D)(x)

an offence under Article 5, 9 or 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983;

s. 113A(6D)(y)

an offence under sections 1A to 1D or 2 of the Nuclear Material (Offences) Act 1983;

s. 113A(6D)(z)

an offence under section 38 of the Public Order Act 1986;

s. 113A(6D)(aa)

an offence under Article 11, 28, 29, 31, 58, 58ZA or 59 of the Adoption (Northern Ireland) Order 1987;

s. 113A(6D)(bb)

an offence under Article 9, 10, 11, 12, 13, 18(3), 22 or 23 of the Public Order (Northern Ireland) Order 1987;

s. 113A(6D)(cc)

an offence under section 139, 139A, or 141 of the Criminal Justice Act 1988;

s. 113A(6D)(dd)

an offence under Article 3, 4 or 5 of the Crossbows (Northern Ireland) Order 1988;

s. 113A(6D)(ee)

an offence under section 12, 18 or 19 of the Criminal Justice (International Cooperation) Act 1990;

s. 113A(6D)(ff)

an offence under Article 68 or 132 of the Children (Northern Ireland) Order 1995;

s. 113A(6D)(gg)

an offence under Article 11A or 12B of the Road Traffic (Northern Ireland) Order 1995;

s. 113A(6D)(hh)

an offence under Article 53 or 54 of the Criminal Justice (Northern Ireland) Order 1996;

s. 113A(6D)(ii)

an offence under section 2 or 11 of the Chemical Weapons Act 1996;

s. 113A(6D)(jj)

an offence specified in the Schedule to the Disqualification for Caring for Children Regulations (Northern Ireland) 1996;

s. 113A(6D)(kk)

an offence under section 1 or 2 of the Knives Act 1997;

s. 113A(6D)(ll)

an offence under Article 4, 5(6), 6 or 7(5) of the Protection from Harassment (Northern Ireland) Order 1997;

s. 113A(6D)(mm)

an offence under section 2 of the Landmines Act 1998;

s. 113A(6D)(nn)

an offence under section 35 of the Criminal Justice and Courts Services Act 2000;

s. 113A(6D)(oo)

an offence under section 11, 12, 15, 16, 17, 18, 38B, 39, 58, 60 or paragraph 37 of Schedule 4 to the Terrorism Act 2000;

s. 113A(6D)(pp)

an offence under section 52, 54, 67, 79, 80 or 114 of the Anti-terrorism, Crime and Security Act 2001;

s. 113A(6D)(qq)

an offence under section 58 or 59 of the International Criminal Court Act 2001;

s. 113A(6D)(rr)

an offence under Article 17 of the Criminal Injuries Compensation (Northern Ireland) Order 2002;

s. 113A(6D)(ss)

an offence under section 327, 328, 329, 330, 331, 332, 333A or 342 of the Proceeds of Crime Act 2002;

s. 113A(6D)(tt)

an offence under Article 12, 15(2)(a)-(e), 24 to 28 or 42 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;

s. 113A(6D)(uu)

an offence under Article 30 or 46 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003;

s. 113A(6D)(vv)

an offence stated by a court to be aggravated by hostility under Article 2 of the Criminal Justice (No 2) (Northern Ireland) Order 2004;

s. 113A(6D)(ww)

an offence under Article 3, 24, 37, 39, 40, 41, 42, 45, 61, 62, 63 or 67 of the Firearms (Northern Ireland) Order 2004;

s. 113A(6D)(xx)

an offence under section 1 or 2 of the Terrorism Act 2006;

s. 113A(6D)(yy)

an offence under paragraph 1 of Schedule 1 to the Violent Crime Reduction Act 2006;

s. 113A(6D)(zz)

an offence under section 47 of the Wireless Telegraphy Act 2006;

s. 113A(6D)(aaa)

an offence under Article 11, 13 or 23 of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007;

s. 113A(6D)(bbb)

an offence under section 27, paragraph 8 of Schedule 3 or paragraph 12 of Schedule 4 to the Justice and Security (Northern Ireland) Act 2007;

s. 113A(6D)(ccc)

an offence under Schedule 1 or Schedule 2 of the Criminal Justice (Northern Ireland) Order 2008;

s. 113A(6D)(ddd)

an offence under Article 68, 69 or 73 of the Sexual Offences (Northern Ireland) Order 2008;

s. 113A(6D)(eee)

an offence under section 71 of the Coroners and Justice Act 2009;

s. 113A(6D)(fff)

an offence under article 240 or 241 of the Air Navigation Order 2016;

s. 113A(6D)(ggg)

an offence specified in the Schedule to the Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) Regulations (Northern Ireland) 2009;

s. 113A(6D)(hhh)

an offence under section 2 of the Cluster Munitions (Prohibitions) Act 2010;

s. 113A(6D)(iii)

an offence under section 93 of the Justice Act (Northern Ireland) 2011;

s. 113A(6D)(jjj)

an offence under regulation 255 of the Human Medicines Regulations 2012;

s. 113A(6D)(kkk)

an offence which has been superseded (directly or indirectly) by an offence within paragraphs (a) to (jjj);

s. 113A(6D)(lll)

an offence of –

s. 113A(6D)(lll)(i)

attempting or conspiring to commit any offence falling within paragraphs (a) to (kkk), or inciting or aiding, abetting, counselling or procuring the commission of any such offence, or

s. 113A(6D)(lll)(ii)

an offence under Part 2 of the Serious Crime Act 2007 (encouraging or committing serious crime) committed in relation to any such offence;

s. 113A(6D)(mmm)

an offence under the law of England, Scotland or Wales or any territory outside the United Kingdom which corresponds to an offence under the law of Northern Ireland within any of the paragraphs (a) to (lll);

s. 113A(6D)(nnn)

an offence under section 42 of the Armed Forces Act 2006 in relation to which the corresponding offence under the law of Northern Ireland (within the meaning of that section) is an offence corresponding with any of the paragraphs (a) to (lll);...

s. 113A(6D)(ooo)

an offence under section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957 of which the corresponding civil offence (within the meaning of those Acts) is an offence within any of the paragraphs (a) to (lll);

s. 113A(6D)(ppp)

an offence under section 1 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021;

s. 113A(6D)(qqq)

an offence under section 1 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 stated by a court to be aggravated under section 8 of that Act;

s. 113A(6D)(rrr)

an offence under section 1 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 stated by a court to be aggravated under section 9 of that Act; and

s. 113A(6D)(sss)

any offence within this subsection (6D) stated by a court to be aggravated under section 15 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021.

s. 113A(6E)

For the purposes of the definition of “relevant matter” as it has effect in Northern Ireland–

s. 113A(6E)(a)

“conviction” has the same meaning as in the Rehabilitation of Offenders (Northern Ireland) Order 1978 and includes a spent conviction within the meaning of that Order;

s. 113A(6E)(b)

a person’s conviction is a current conviction if–

s. 113A(6E)(b)(i)

the person was aged 18 or over on the date of the conviction and that date fell within the 11 year period ending with the day on which the certificate is issued, or

s. 113A(6E)(b)(ii)

the person was aged under 18 on the date of conviction and that date fell within the period of 5 years and 6 months ending with the day on which the certificate is issued;

s. 113A(6E)(c)

a caution or restorative caution given to a person is a current caution or restorative caution if–

s. 113A(6E)(c)(i)

the person was aged 18 or over on the date it was given and that date fell within the 6 year period ending with the day on which the certificate is issued, or

s. 113A(6E)(c)(ii)

the person was aged under 18 on the day it was given and that date fell within the 2 year period ending with the day on which the certificate is issued;

s. 113A(6E)(d)

a diversionary youth conference given to a person is a current diversionary youth conference if the person was aged under 18 on the date it was given and that date fell within the 2 year period ending with the day on which the certificate is issued;

s. 113A(6E)(e)

an informed warning given to a person is a current informed warning if the date on which it was given fell within the 1 year period ending with the day on which the certificate is issued;

s. 113A(6E)(f)

“sentence of imprisonment”, “sentence of service detention” and “custodial order” have the same meaning as in Articles 2 and 6 of the Rehabilitation of Offenders (Northern Ireland) Order 1978.

s. 113A(7)

The Secretary of State may by order amend the definitions of “central records” and “relevant matter” in subsection (6).

s. 113A(8)

The power to make an order under subsection (7) is exercisable by statutory instrument, but no such order may be made unless a draft of the instrument containing the order is laid before and approved by resolution of each House of Parliament.

s. 113A(9)

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—

s. 113A(9)(a)

countersigns the application, or

s. 113A(9)(b)

transmits the application to the Department under subsection (2A).

s. 113B — Enhanced criminal record certificates

“central records”, “exempted question”, and “relevant matter” have the same meaning as in section 113A; relevant chief officer” means any chief officer of a police force who is identified by the Department for the purposes of making a request under subsection (4); ...

s. 113B(1)

The Secretary of State must issue an enhanced criminal record certificate to any individual who—

s. 113B(1)(a)

makes an application...,

s. 113B(1)(aa)

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

s. 113B(1)(b)

pays in the prescribed manner any prescribed fee.

s. 113B(2)

The application must—

s. 113B(2)(a)

be countersigned by a registered person, and

s. 113B(2)(b)

be accompanied by a statement by the registered person that the certificate is required for the purposes of an exempted question asked for a prescribed purpose.

s. 113B(2A)

But an application for an enhanced criminal record certificate need not be countersigned by a registered person if—

s. 113B(2A)(a)

the application is transmitted to the Department electronically by a registered person who satisfies conditions determined by the Department, and

s. 113B(2A)(b)

it is transmitted in accordance with requirements determined by the Department.

s. 113B(3)

An enhanced criminal record certificate is a certificate which—

s. 113B(3)(a)

gives the prescribed details of every relevant matter relating to the applicant which is recorded in central records and any information provided in accordance with subsection (4), or

s. 113B(3)(b)

states that there is no such matter or information.

s. 113B(4)

Before issuing an enhanced criminal record certificate the Secretary of State must request any relevant chief officer to provide any information which... —

s. 113B(4)(a)

the chief officer reasonably believes to be relevant for the purpose described in the statement under subsection (2), and

s. 113B(4)(b)

in the chief officer's opinion, ought to be included in the certificate.

s. 113B(4A)

The Department may from time to time publish guidance to chief officers as to the exercise of functions under subsection (4); and in exercising functions under that subsection a relevant chief officer must have regard to any guidance for the time being published under this subsection.

s. 113B(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 113B(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 113B(7)

The Secretary of State may treat an application under this section as an application under section 113A if in his opinion the certificate is not required for a purpose prescribed under subsection (2).

s. 113B(8)

If by virtue of subsection (7) the Secretary of State treats an application under this section as an application under section 113A, 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 113A.

s. 113B(9)

In this section—

s. 113B(10)

For the purposes of this section references to a police force include any of the following— and any reference to the chief officer of a police force includes the person responsible for the direction of a body mentioned in this subsection.

s. 113B(10)(a)

the Royal Navy Police;

s. 113B(10)(c)

the Royal Military Police;

s. 113B(10)(d)

the Royal Air Force Police;

s. 113B(10)(e)

the Ministry of Defence Police;

s. 113B(10)(f)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 113B(10)(g)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 113B(10)(h)

the British Transport Police;

s. 113B(10)(i)

the Civil Nuclear Constabulary;

s. 113B(10)(j)

the States of Jersey Police Force;

s. 113B(10)(k)

the salaried police force of the Island of Guernsey;

s. 113B(10)(l)

the Isle of Man Constabulary;

s. 113B(10)(m)

a body with functions in any country or territory outside the British Islands which correspond to those of a police force in any part of the United Kingdom,

s. 113B(11)

For the purposes of this section each of the following must be treated as if it were a police force—

s. 113B(11)(a)

the Commissioners for Her Majesty's Revenue and Customs (and for this purpose a reference to the chief officer of a police force must be taken to be a reference to any one of the Commissioners);

s. 113B(11)(b)

the National Crime Agency(and for this purpose a reference to the chief officer of a police force must be taken to be a reference to the Director General of the Agency);

s. 113B(11)(ba)

the tri-service serious crime unit (and for this purpose a reference to the chief officer of a police force must be taken to be a reference to the Provost Marshal for serious crime);

s. 113B(11)(c)

such other department or body as is prescribed (and regulations may prescribe in relation to the department or body the person to whom a reference to the chief officer is to be taken to be).

s. 113B(12)

For the purposes of this Part a person acts as the registered person in relation to an application foran enhanced criminal record certificate if the person—

s. 113B(12)(a)

countersigns the application, or

s. 113B(12)(b)

transmits the application to the Department under subsection (2A).

s. 115 — Enhanced criminal record certificates.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 117A — Other disputes about section 113B(4) information

s. 117A(1)

Subsection (2) applies if a person believes that information provided in accordance with section 113B(4) and included in a certificate under section 113B or 116—

s. 117A(1)(a)

is not relevant for the purpose described in the statement under section 113B(2) or (as the case may be) 116(2), or

s. 117A(1)(b)

ought not to be included in the certificate.

s. 117A(2)

The person may apply in writing to the independent monitor appointed under section 119B for a decision as to whether the information is information which falls within subsection (1)(a) or (b).

s. 117A(3)

The independent monitor, on receiving such an application, must ask such chief officer of a police force as the independent monitor considers appropriate to review whether the information concerned is information which—

s. 117A(3)(a)

the chief officer reasonably believes to be relevant for the purpose described in the statement under section 113B(2) or (as the case may be) 116(2), and

s. 117A(3)(b)

in the chief officer's opinion, ought to be included in the certificate.

s. 117A(4)

In exercising functions under subsection (3), the chief officer concerned must have regard to any guidance for the time being published under section 113B(4A).

s. 117A(5)

If, following a review under subsection (3), the independent monitor considers that any of the information concerned is information which falls within subsection (1)(a) or (b)—

s. 117A(5)(a)

the independent monitor must inform the Department of that fact, and

s. 117A(5)(b)

on being so informed, the Department must issue a new certificate.

s. 117A(6)

In issuing such a certificate, the Department must proceed as if the information which falls within subsection (1)(a) or (b) had not been provided under section 113B(4).

s. 117A(7)

In deciding for the purposes of this section whether information is information which falls within subsection (1)(a) or (b), the independent monitor must have regard to any guidance for the time being published under section 113B(4A).

s. 117A(8)

Subsections (10) and (11) of section 113B apply for the purposes of this section as they apply for the purposes of that section.

s. 120 — Registered persons.

s. 120(1)

For the purposes of this Part a registered person is a person who is listed in a register to be maintained by the Secretary of State for the purposes of this Part.

s. 120(2)

The Secretary of State shall include in the register any person who—

s. 120(2)(a)

applies to him in writing to be registered, and

s. 120(2)(b)

satisfies the conditions in subsections (4) to (6),...

s. 120(2)(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 120(2A)

Subsection (2) is subject to—

s. 120(2A)(a)

regulations under section 120ZA,

s. 120(2A)(b)

section 120A, and

s. 120(2A)(c)

section 120AA and regulations made under that section.

s. 120(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 120(4)

A person applying for registration under this section must be—

s. 120(4)(a)

a body corporate or unincorporate,

s. 120(4)(b)

a person appointed to an office by virtue of any enactment, or

s. 120(4)(c)

an individual who employs others in the course of a business.

s. 120(4A)

An individual under the age of 18 applying for registration undersubsection (4)(b) or (c) must satisfy the Department that there is good reason for being registered.

s. 120(5)

A body applying for registration under this section must satisfy the Secretary of State that it—

s. 120(5)(a)

is likely to ask exempted questions, or

s. 120(5)(b)

is likely to act as the registered person in relation to applications under section 113A or 113B at the request of bodies or individuals asking exempted questions.

s. 120(6)

A person, other than a body, applying for registration under this section must satisfy the Secretary of State that he is likely to ask exempted questions.

s. 120(7)

In this section “exempted question” has the same meaning as in section 113A.

s. 120A — Refusal and cancellation of registration on grounds related to disclosure

s. 120A(1)

The Secretary of State may refuse to include a person in the register maintained for the purposes of this Part if it appears to him that the registration of that person is likely to make it possible for information to become available to an individual who, in The Secretary of State's opinion, is not a suitable person to have access to that information.

s. 120A(2)

The Secretary of State may remove a person from the register if it appears to the Secretary of State—

s. 120A(2)(a)

that the registration of that person is likely to make it possible for information to become available to an individual who, in the Secretary of State's opinion, is not a suitable person to have access to that information; or

s. 120A(2)(b)

that the registration of that person has resulted in information becoming known to such an individual.

s. 120A(3)

In determining for the purposes of this section whether an individual is a suitable person to have access to any information, the Secretary of State may have regard, in particular, to—

s. 120A(3)(a)

any information relating to that person which concerns a relevant matter;

s. 120A(3)(b)

any information relating to the person of a kind specified in subsection (3A);

s. 120A(3)(c)

any information provided to the Secretary of State under subsection (4).

s. 120A(3A)

The information is—

s. 120A(3A)(a)

whether the person is barred from regulated activity;

s. 120A(3A)(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 120A(3A)(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 120A(3A)(d)

whether the person is subject to a direction under section 167A of the Education Act 2002 (prohibition on participation in management of independent school).

s. 120A(3B)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 120A(3C)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 120A(3D)

Expressions used in subsection (3A) and in the Safeguarding Vulnerable Groups Act 2006 have the same meaning in that subsection as in that Act....

s. 120A(4)

It shall be the duty of the chief officer of any police force to comply, as soon as practicable after receiving it, with any request by the Secretary of State to provide the Secretary of State with information which—

s. 120A(4)(a)

is available to the chief officer;

s. 120A(4)(b)

relates to— and

s. 120A(4)(b)(i)

an applicant for registration;

s. 120A(4)(b)(ii)

a registered person; or

s. 120A(4)(b)(iii)

an individual who is likely to have access to information in consequence of a particular applicant for registration, or a particular registered person, acting as the registered person in relation to applications under this Part;

s. 120A(4)(c)

concerns a matter which the Secretary of State has notified to the chief officer to be a matter which, in the opinion of the Secretary of State, is relevant to the determination of the suitability of individuals for having access to the information that may be provided in consequence of a person acting as the registered person in relation to applications under this Part.

s. 120A(5)

In this section “relevant matter” has the same meaning as in section 113A.

s. 120A(6)

For the purposes of this section references to a police force include any body mentioned in subsections (10)(a) to (i) and (11) of section 113B and references to a chief officer must be construed accordingly.

s. 120A(7)

The Secretary of State may by order made by statutory instrument amend subsection (3A) for the purpose of altering the information specified in that subsection.

s. 120A(8)

Such an order is subject to annulment in pursuance of a resolution of either House of Parliament.

s. 120AA — Refusal, cancellation or suspension of registration on other grounds

s. 120AA(1)

Regulations 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 act as the registered person in relation to fewer applications under this Part in any period of twelve months than a prescribed minimum number.

s. 120AA(2)

Subsection (3) applies where a registered person—

s. 120AA(2)(a)

is, in the opinion of the Secretary of State, no longer likely to wish to act as the registered person in relation to applications under this Part,

s. 120AA(2)(b)

has, in any period of twelve months during which he was registered, acted as the registered person in relation to fewer applications under this Part than the minimum number specified in respect of him by regulations under subsection (1), or

s. 120AA(2)(c)

has failed to comply with any condition of his registration.

s. 120AA(3)

Subject to section 120AB, the Secretary of State may—

s. 120AA(3)(a)

suspend that person’s registration for such period not exceeding 6 months as the Secretary of State thinks fit, or

s. 120AA(3)(b)

remove that person from the register.

s. 120AA(4)

Subsection (6) applies if an application is made under section 120 by an individual who—

s. 120AA(4)(a)

has previously been a registered person; and

s. 120AA(4)(b)

has been removed from the register (otherwise than at that individual's own request).

s. 120AA(5)

Subsection (6) also applies if an application is made under section 120 by a body corporate or unincorporate which—

s. 120AA(5)(a)

has previously been a registered person; and

s. 120AA(5)(b)

has been removed from the register (otherwise than at its own request).

s. 120AA(6)

The Department may refuse the application.

s. 120AC — Registered persons: information on progress of an application

s. 120AC(1)

The Department must, in response to a request from a person who is acting as the registered person in relation to an application under section 113A or 113B, inform that person whether or not a certificate has been issued in response to the application.

s. 120AC(2)

Subsections (3) and (4) apply if, at the time a request is made under subsection (1), a certificate has been issued.

s. 120AC(3)

In the case of a certificate under section 113A, if it was a certificate stating that there is no relevant matter recorded in central records, the Department may inform the person who made the request that the certificate was such a certificate.

s. 120AC(4)

In the case of a certificate under section 113B, if it was a certificate— the Department may inform the person who made the request that the certificate was such a certificate.

s. 120AC(4)(a)

stating that there is no relevant matter recorded in central records and no information provided in accordance with subsection (4) of that section, and

s. 120AC(4)(b)

if section 113BA(1) or 113BB(1) applies to the certificate, containing no suitability information indicating that the person to whom the certificate is issued—

s. 120AC(4)(b)(i)

is barred from regulated activity relating to children or to vulnerable adults, or

s. 120AC(4)(b)(ii)

is included in a list kept under Article 70(2)(e)(iii) or 88A(2)(b)(iii) of the Education and Libraries (Northern Ireland) Order 1986,

s. 120AC(5)

If no certificate has been issued, the Department must inform the person who made the request of such other matters relating to the processing of the application as the Department considers appropriate.

s. 120AC(6)

Subject to subsections (2) to (4), nothing in this section permits the Department to inform a person who is acting as the registered person in relation to an application under section 113A or 113B of the content of any certificate issued in response to the application.

s. 120AC(7)

The Department may refuse a request under subsection (1) if it is made after the end of a prescribed period beginning with the day on which the certificate was issued.

s. 120AC(8)

In this section— “central records” and “relevant matter” have the same meaning as in section 113A; “suitability information” means information required to be included in a certificate under section 113B by virtue of section 113BA or 113BB.

s. 120AC(9)

Expressions in subsection (4)(b) and in the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 have the same meaning in that paragraph as in that Order.

s. 120AD — Registered persons: copies of certificates in certain circumstances

s. 120AD(1)

Subsection (2) applies if—

s. 120AD(1)(a)

the Department gives up-date information in relation to a criminal record certificate or enhanced criminal record certificate,

s. 120AD(1)(b)

the up-date information is advice to apply for a new certificate or (as the case may be) request another person to apply for such a certificate, and

s. 120AD(1)(c)

the person whose certificate it is in respect of which the up-date information is given applies for a new criminal record certificate or (as the case may be) enhanced criminal record certificate.

s. 120AD(2)

The Department must, in response to a request made within the prescribed period by the person who is acting as the registered person in relation to the application, send to that person a copy of any certificate issued in response to the application if the registered person—

s. 120AD(2)(a)

has counter-signed the application or transmitted it to the Department under section 113(2A) or 113B(2A),

s. 120AD(2)(b)

has informed the Department that the applicant for the new certificate has not, within such period as may be prescribed, sent a copy of it to a person of such description as may be prescribed, and

s. 120AD(2)(c)

no prescribed circumstances apply.

s. 120AD(3)

The power under subsection (2)(b) to prescribe a description of person may be exercised to describe the registered person or any other person.

s. 120AD(4)

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

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