Police Act 1997

• (a) be countersigned by a registered person, and

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

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

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

• (b) it is transmitted in accordance with requirements determined by DBS.

• (3) A criminal record certificate is a certificate which—

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

• (b) states that there is no such matter.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) DBS may treat an application under this section as an application under section 113B if—

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

• (b) the registered person provides it with the statement required by that subsection, and

• (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.

• (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.

• (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—

• (a) murder;

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

• (c) an offence under any of sections 126 to 129 of the Mental Health Act 1983;

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

• (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));

• (f) an offence under the following provisions of the Mental Capacity Act 2005—

• (i) section 44 (ill-treatment or neglect);

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

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

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

• (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);

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

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

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

• (l) an offence of—

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

• (ii) inciting or aiding, abetting, counselling or procuring the commission of any such offence,

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

• (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);

• (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);

• (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).

• (6E) For the purposes of the definition of “relevant matter” as it has effect in England and Wales—

• (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;

• (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;

• (c) a person’s conviction is a current conviction if—

• (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

• (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;

• (d) a caution given to a person is a current caution if—

• (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, ...

• (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (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.

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

• (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.

• (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—

• (a) countersigns the application, or

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

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enhanced criminal record certificates

113B

• (1) DBS must issue an enhanced criminal record certificate to any individual who—

• (a) makes an application ...,

• (aa) is aged 16 or over at the time of making the application, and

• (b) pays in the prescribed manner any prescribed fee.

• (2) The application must—

• (a) be countersigned by a registered person, and

• (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.

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

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

• (b) it is transmitted in accordance with requirements determined by DBS.

• (3) An enhanced criminal record certificate is a certificate which—

• (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

• (b) states that there is no such matter or information.

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

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

• (b) in the chief officer's opinion, ought to be included in the certificate.

• (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.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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).

• (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.

• (9) In this section—

• “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).

• ...

• (10) For the purposes of this section references to a police force include any of the following—

• (a) the Royal Navy Police;

• (c) the Royal Military Police;

• (d) the Royal Air Force Police;

• (e) the Ministry of Defence Police;

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (h) the British Transport Police;

• (i) the Civil Nuclear Constabulary;

• (j) the States of Jersey Police Force;

• (k) the salaried police force of the Island of Guernsey;

• (l) the Isle of Man Constabulary;

• (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,

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.

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

• (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);

• (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);

• (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);

• (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).

• (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—

• (a) countersigns the application, or

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

• (13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Suitability information relating to children

113BA

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

• (2) Suitability information relating to children is—

• (a) whether the applicant is barred from regulated activity relating to children;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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).

• (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.

• (4) “The 2006 Act” means the Safeguarding Vulnerable Groups Act 2006.

Suitability information relating to vulnerable adults

113BB

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

• (2) Suitability information relating to vulnerable adults is —

• (a) whether the applicant is barred from regulated activity relating to vulnerable adults;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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.

• (4) “The 2006 Act” means the Safeguarding Vulnerable Groups Act 2006.

Suitability information: power to amend

113BC

• (1) The Secretary of State may by order made by statutory instrument—

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

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

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

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

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

Suitability information relating to children

113CA

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

Suitability information relating to protected adults

113CB

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

Suitability information: supplementary

113CC

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

Criminal record certificates: suitability relating to children

113C

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

Criminal record certificates: suitability relating to adults

113D

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

Criminal record certificates: specified children's and adults' lists: urgent cases

113E

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

• (a) it is accompanied by a children's suitability statement,

• (b) the registered person requests an urgent preliminary response, and

• (c) the applicant pays in the prescribed manner such additional fee as is prescribed in respect of the application.

• (2) The Secretary of State DBS must notify the registered person—

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

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

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

• (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.

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

• (a) it is accompanied by an adults' suitability statement,

• (b) the registered person requests an urgent preliminary response, and

• (c) the applicant pays in the prescribed manner such additional fee as is prescribed in respect of the application.

• (4) The Secretary of State DBS must notify the registered person either—

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

• (b) that a criminal record certificate or enhanced criminal record certificate will be issued in due course.

• (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.

Criminal record certificates: supplementary

113F

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

Criminal record certificates: Crown employment.

114

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

• (a) makes an application under this section ...,

• (aa) is aged 16 or over at the time of making the application,

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

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

• (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.

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

Enhanced criminal record certificates.

115

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

Enhanced criminal record certificates: judicial appointments and Crown employment.

116

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

• (a) makes an application under this section ...,

• (aa) is aged 16 or over at the time of making the application,

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

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

• (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—

• (a) a judicial appointment, or

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

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

Copies of criminal record certificate or enhanced criminal record certificate

116ZA

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

Application for an order for a new criminal record certificate or enhanced criminal record certificate

116ZB

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

Up-dating certificates

116A

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

• (a) a criminal conviction certificate,

• (b) a criminal record certificate, or

• (c) an enhanced criminal record certificate,

which is subject to up-date arrangements.

• (2) DBS may impose conditions about—

• (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,

• (b) any other information to be supplied in connection with such a request.

• (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).

• (4) Condition A is that—

• (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,

• (b) the individual has paid in the prescribed manner any prescribed fee,

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

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

• (5) Condition B is that—

• (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,

• (b) the individual has paid in the prescribed manner any prescribed fee,

• (c) DBS has granted the application,

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

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

• (6) Condition C is that—

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

• (b) the certificate which it superseded—

• (i) was subject to up-date arrangements immediately before it was superseded, and

• (ii) would still be subject to those arrangements had it not been superseded.

• (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.

• (8) In this section “up-date information” means—

• (a) in relation to a criminal conviction certificate or a criminal record certificate—

• (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

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

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

• (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

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

• (c) in relation to any other enhanced criminal record certificate—

• (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

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

• (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.

• (10) This subsection applies to a certificate which—

• (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,

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

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

• (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, orany person authorised by the individual,in relation to a criminal record certificate—the individual whose certificate it is, orany person who is authorised by the individual and is seeking the information for the purposes of an exempted question, andin relation to an enhanced criminal record certificate—the individual whose certificate it is, orany 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).

Disputes about accuracy of certificates certificates and up-date information.

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.

• (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.

• (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.

• (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.

• (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.

• (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.

Other disputes about section 113B(4) information

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 —

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

• (b) ought not to be included in the certificate.

• (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.

• (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—

• (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

• (b) in the chief officer's opinion, ought to be included in the certificate.

• (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).

• (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)—

• (a) the independent monitor must inform DBS of that fact, and

• (b) on being so informed, DBS must issue a new certificate.

• (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).

• (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).

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

Review of criminal record certificates

117B

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

Evidence of identity.

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.

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

• (a) has his fingerprints taken at such place and in such manner as may be prescribed, and

• (b) pays the prescribed fee to such person as may be prescribed.

• (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—

• (a) by the United Kingdom Passport Agency;

• (b) by the Driver and Vehicle Licensing Agency;

• (c) by Driver and Vehicle Licensing Northern Ireland;

• (d) by the Secretary of State in connection with keeping records of national insurance numbers;

• (e) by such other persons or for such purposes as is prescribed.

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

• (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.

• (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.

• (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.

Sources of information.

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.

• (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.

• (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—

• (a) any application for a certificate or for registration;

• (aa) the provision of up-date information under section 116A; or

• (b) the determination of whether a person should continue to be a registered person.

• (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).

• (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.

• (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.

• (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—

• (a) the chief constable of—

• (i) a police force in England and Wales;

• (ii) the Police Service of Northern Ireland;

• (iii) the Ministry of Defence Police;

• (iv) the British Transport Police;

• (v) the Civil Nuclear Constabulary;

• (b) the Provost Marshal of—

• (i) the Royal Navy Police;

• (ii) the Royal Military Police;

• (iii) the Royal Air Force Police;

• (c) the Director General of the National Crime Agency.

• (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.

• (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—

• (a) any application for a certificate or for registration;

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

• (b) the determination of whether a person should continue to be a registered person.

• (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.

• (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.

• (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.

• (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.

• (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.

• (8) In this section a relevant function is a function of the Secretary of State DBS—

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

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

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

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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).

Further sources of information: Scotland

119A

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

Independent monitor

119B

• (1) There is to be an independent monitor for the purposes of this Part.

• (2) The independent monitor is a person appointed by the Secretary of State—

• (a) for such period, not exceeding three years, as the Secretary of State decides;

• (b) on such terms as the Secretary of State decides.

• (3) A person may be appointed for a further period or periods.

• (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.

• (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.

• (5) The independent monitor must review—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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;

• (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);

• (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.

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (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.

• (8) The independent monitor may make recommendations to the Secretary of State as to—

• (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;

• (b) any changes to any enactment which the monitor thinks may be appropriate.

• (8A) The independent monitor has the functions conferred on the monitor by section 117A.

• (8A) The independent monitor has the functions conferred on the monitor by section 117A.

• (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.

Registered persons.

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.

• (2) DBS shall include in the register any person who—

• (a) applies to it in writing to be registered, and

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

• (c) ...

• (2A) Subsection (2) is subject to—

• (a) regulations under section 120ZA,

• (b) section 120A, and

• (c) section 120AA and regulations made under that section.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) A person applying for registration under this section must be—

• (a) a body corporate or unincorporate,

• (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

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

• (5) A body applying for registration under this section must satisfy DBS that it—

• (a) is likely to ask exempted questions, or

• (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.

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

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

Regulations about registration

120ZA

• (1) The Secretary of State may by regulations make further provision about registration.

• (2) Regulations under this section may in particular make provision for—

• (a) the payment of fees,

• (b) the information to be included in the register,

• (c) the registration of any person to be subject to conditions,

• (d) the nomination by—

• (i) a body corporate or unincorporate, or

• (ii) a person appointed to an office by virtue of any enactment,

of the individuals authorised to act for it or, as the case may be, him in relation to the countersigning of applications under this Part or the transmitting of applications under section 113A(2A) or 113B(2A), and

• (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.

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

• (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

• (b) for the Secretary of State DBS to vary or revoke those conditions.

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

• (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,

• (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

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

Regulations about registration

120ZB

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

Refusal and cancellation of registration on grounds related to disclosure

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.

• (2) DBS may remove a person from the register if it appears to DBS—

• (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

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

• (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—

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

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

• (c) any information provided to DBS under subsection (4).

• (3A) The information is—

• (a) whether the person is barred from regulated activity;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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).

• (3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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 ....

• (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—

• (a) is available to the chief officer;

• (b) relates to—

• (i) an applicant for registration;

• (ii) a registered person; or

• (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;

and

• (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.

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

• (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.

• (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.

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

Refusal, cancellation or suspension of registration on other grounds

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.

• (2) Subsection (3) applies where a registered person—

• (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,

• (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

• (c) has failed to comply with any condition of his registration.

• (3) Subject to section 120AB, DBS may—

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

• (b) remove that person from the register.

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

• (a) has previously been a registered person; and

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

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

• (a) has previously been a registered person; and

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

• (6) DBS may refuse the application.

Procedure for cancellation or suspension under section 120AA

120AB

• (1) Before cancelling or suspending a person’s registration by virtue of section 120AA, the Secretary of StateDBS must send himits written notice of his intention to do so.

• (2) Every such notice must—

• (a) give the Secretary of State’sDBS's reasons for proposing to cancel or suspend the registration, and

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

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

• (4) After considering such representations, the Secretary of StateDBS must give the registered person written notice—

• (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

• (b) that heit does not propose to take any further action.

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

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

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

• (8) This section does not apply where—

• (a) the Secretary of StateDBS 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

• (b) the registered person has requested to be removed from the register.

• (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.

Registered persons: information on progress of an application

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.

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

• (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.

• (4) In the case of a certificate under section 113B, if it was a certificate—

• (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

• (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—

• (i) is barred from regulated activity relating to children or to vulnerable adults, or

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

DBS may inform the person who made the request that the certificate was such a certificate.

• (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.

• (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.

• (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.

• (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.

• (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.

Registered persons: copies of certificates in certain circumstances

120AD

• (1) Subsection (2) applies if—

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

• (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

• (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.

• (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—

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

• (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

• (c) no prescribed circumstances apply.

• (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.

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

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

121

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

Code of practice.

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.

• (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.

• (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.

• (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—

• (a) has failed to comply with the code of practice under this section, or

• (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.

• (3A) The Secretary of State DBS may—

• (a) refuse to issue the certificate;

• (b) suspend the registration of the person;

• (c) cancel the registration of the person.

• (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.

Delegation of functions of Secretary of State

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.

• (2) A function is relevant for the purposes of subsection (1) if it does not consist of a power—

• (a) to make regulations, or

• (b) to publish or revise a code of practice or to lay any such code before Parliament.

• (3) A delegation under subsection (1) may be varied or revoked at any time.

Delegation of functions of Scottish Ministers

122B

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

Offences: falsification, &c.

123

• (1) A person commits an offence if, with intent to deceive, he—

• (a) makes a false certificate under this Part,

• (b) alters a certificate under this Part,

• (c) uses a certificate under this Part which relates to another person in a way which suggests that it relates to himself, or

• (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.

• (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.

• (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.

Offences: disclosure.

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,—

• (a) to another member, officer or employee of the registered body,

• (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

• (c) to an individual at whose request the registered body countersigned acted as the registered person in relation to the relevant application.

• (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.

• (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—

• (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

• (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.

• (4) Where information provided under section 113A or 113B is disclosed to a person and the disclosure—

• (a) is an offence under this section, or

• (b) would be an offence under this section but for subsection ... (6)(a), (d), (e) or (f),

the person to whom the information is disclosed commits an offence (subject to subsection (6)) if he discloses it to any other person.

• (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.

• (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—

• (a) with the written consent of the applicant for the certificate, or

• (b) to a government department, or

• (c) to a person appointed to an office by virtue of any enactment, or

• (d) in accordance with an obligation to provide information under or by virtue of any enactment, or

• (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

• (f) for some other purpose specified in regulations made by the Secretary of State.

• (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.

Further offences: disclosure of information obtained in connection with delegated function

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,—

• (a) to another person engaged in the discharge of those functions,

• (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

• (c) to an applicant ... who is entitled under this Part to the information disclosed to him.

• (2) Where information is disclosed to a person and the disclosure—

• (a) is an offence under subsection (1), or

• (b) would be an offence under subsection (1) but for subsection (3)(a), (d) or (e),

the person to whom the information is disclosed commits an offence if he discloses it to any other person.

• (3) Subsection (1) does not apply to a disclosure of information which is made—

• (a) with the written consent of the person to whom the information relates,

• (b) to a government department,

• (c) to a person appointed to an office by virtue of any enactment,

• (d) in accordance with an obligation to provide information under or by virtue of any enactment, or

• (e) for some other purpose specified in regulations made by the Secretary of State.

• (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.

• (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.

• (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.

• (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).

Scottish annotated list of certificated persons

124B

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

Regulations.

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.

• (1A) In prescribing the amount of a fee that—

• (a) is payable in relation to applications under a particular provision of this Part, but

• (b) is not payable in relation to applications made by volunteers,

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.

• (2) Regulations under this Part shall be made by statutory instrument.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) A statutory instrument ... shall be subject to annulment pursuant to a resolution of either House of Parliament.

• (5) Regulations under this Part may make different provision for different cases.

• (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.

Form of applications

125A

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

Form of applications

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.

• (2) A determination may, in particular, impose requirements about the form or manner in which an electronic application is to be signed or countersigned.

• (3) In this section “application” includes a request under section 116A(1), 120AC(1) or 120AD(2).

Interpretation of Part V.

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.

• (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.

• (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.

• (3) In the application of this Part to Scotland references to the Secretary of State must be construed as references to the Scottish Ministers.

• (4) Subsection (3) does not apply to section 118(2A)(d) or 124A(1) and (2).

Protected convictions

126ZA

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

Offences in schedules 8A and 8B

126ZB

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

Part 5: Modifications for Northern Ireland

126A

• (1) This Part applies to Northern Ireland subject to the following modifications.

• (2) Any reference to the Secretary of State, except in—

• (a) section 118(2A)(d),

• (b) section 119(1), (3), (5) and (8),

• (c) section 119B(2), (4) and (4A), and

• (d) section 122A as it applies to a function of the Secretary of State under section 119 or 119B(2), (4) or (4A),

shall be construed as a reference to the Department of Justice in Northern Ireland.

• (3) Section 119 has effect subject to the following modifications—

• (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;

• (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;

• (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.

• (4) The following provisions shall not have effect—

• (a) section 113A(8);

• (b) in section 113BC—

• (i) in subsection (1) the words “made by statutory instrument”;

• (ii) subsection (2);

• (c) in section 120A—

• (i) in subsection (7) the words “made by statutory instrument”;

• (ii) subsection (8);

• (d) section 125(2), (4) and (6).

• (5) In section 122 any reference to Parliament shall be construed as a reference to the Northern Ireland Assembly.

• (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.

• (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.

• (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.

• (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).

• (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.

Saving: disclosure of information and records.

127

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