The Police Act 1997 (Criminal Records) Regulations 2002

• (g) any service provided specifically for adults because of their age, any disability, physical or mental illness, excluding a service provided specifically for an adult, with one or more of the following disabilities (unless that person has another disability)—

• (i) dyslexia;

• (ii) dyscalculia;

• (iii) dyspraxia;

• (iv) Irlen syndrome;

• (v) alexia;

• (vi) auditory processing disorder;

• (vii) dysgraphia;

• (h) any service provided specifically to an expectant or nursing mother in receipt of residential accommodation pursuant to arrangements made under section 21(1)(aa) of the National Assistance Act 1948 or care pursuant to paragraph 1 of Schedule 20 to the National Health Service Act 2006 or accommodation under Part 1 of the Care Act 2014 (care and support).

• (10) For the purposes of this regulation “specified activity” means—

• (a) the detention of an adult in lawful custody in a prison (within the meaning of the Prison Act 1952), a remand centre, young offender institution or a secure training centre (as mentioned in section 43 of that Act) or an attendance centre (within the meaning of section 53(1) of that Act);

• (b) the detention of a detained person (within the meaning of Part 8 of the Immigration and Asylum Act 1999) who is detained in a removal centre or short-term holding facility (within the meaning of that Part) or in pursuance of escort arrangements made under section 156 of that Act;

• (c) the supervision of an adult by virtue of an order of a court by a person exercising functions for the purposes of Part 1 of the Criminal Justice and Court Services Act 2000;

• (d) the supervision of an adult by a person acting for the purposes mentioned in section 1(1) of the Offender Management Act 2007;

• (e) the provision to an adult of assistance with the conduct of their affairs in situations where—

• (i) a lasting power of attorney is created in respect of the adult in accordance with section 9 of the Mental Capacity Act 2005 or an application is made under paragraph 4 of Schedule 1 to that Act for the registration of an instrument intended to create a lasting power of attorney in respect of the adult;

• (ii) an enduring power of attorney (within the meaning of Schedule 4 to that Act) in respect of the adult is registered in accordance with that Schedule or an application is made under that Schedule for the registration of an enduring power of attorney in respect of the adult;

• (iii) an order under section 16 of that Act has been made by the Court of Protection in relation to the making of decisions on the adult’s behalf, or such an order has been applied for;

• (iv) an independent mental capacity advocate is or is to be appointed in respect of the adult in pursuance of arrangements under section 35 of that Act;

• (v) independent advocacy services (within the meaning of section 248 of the National Health Service Act 2006 or section 187 of the National Health Service (Wales) Act 2006 are or are to be provided in respect of the adult; or

• (vi) a representative is or is to be appointed to receive payments on the adult’s behalf in pursuance of regulations made under the Social Security Administration Act 1992;

• (f) payments are made to the adult or to another person on the adult’s behalf under arrangements made under section 57 of the Health and Social Care Act 2001;

• (g) payments are made to the adult or to another person on the adult’s behalf under section 12A(1) or under regulations made under section 12A(a) of the National Health Service Act 2006 or under regulations made under section 12A(4) of that Act.

Health Service lists

5C

The circumstances referred to in regulation 5A(a) are—

• (a) considering the applicant’s suitability to engage in any activity which is a regulated activity relating to children within the meaning of Part 1 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006 as it had effect immediately before the coming into force of section 64 of the Protection of Freedoms Act 2012;

• (b) considering the applicant’s suitability to engage in any activity which is a regulated activity relating to children within the meaning of Part 1 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006;

• (c) a decision made by an adoption agency within the meaning of section 2 of the Adoption and Children Act 2002, or the compiling of a report for the authority making a decision in respect of an application to be a special guardian within the meaning of section 14A of the Children Act 1989, as to a person’s suitability to adopt a child or be a special guardian, including obtaining information in respect of any person aged 18 years or over living in the same household as the prospective adopter or special guardian;

• (d) registration for child minding or providing day care under Part 2 of the Children and Families (Wales) Measure 2010, including assessing the suitability of any person to have regular contact with a child who is—

• (i) aged 16 or over and living on the premises at which the child minding or day care is being or is to be provided;

• (ii) aged 16 or over and working, or who will be working, on the premises at which the child minding or day care is being or is to be provided at times when such child minding or day care is being or is to be provided;

• (e) registration under Chapters 2, 3 or 4 of Part 3 of the Childcare Act 2006 (regulation of provision of childcare in England), including assessing the suitability of any person to have regular contact with a child who is—

• (i) aged 16 or over and living on the premises at which the childcare is being or is to be provided;

• (ii) aged 16 or over and working on the premises at which the childcare is being or is to be provided at times when such childcare is being or is to be provided;

• (f) placing children with foster parents in accordance with any provision of, or made by virtue of, the Children Act 1989 or the Children (Northern Ireland) Order 1995 or the exercise of any duty under or by virtue of section 67 of that Act or Article 108 of that Order (welfare of privately fostered children), including obtaining information in respect of any person who is—

• (i) aged 18 or over and living in the same household as a person who is, or who wishes to be approved as, a foster parent within the meaning of section 53(7)(a) or (b) of the Safeguarding Vulnerable Groups Act 2006;

• (ii) aged 16 or over and living in the same household as a person who fosters, or intends to foster, a child privately within the meaning of section 66(1) of the Children Act 1989 or who is otherwise a private foster parent within the meaning of section 53(7)(c) and (8) of the Safeguarding Vulnerable Groups Act 2006;

• (g) obtaining information in respect of any person who is aged 16 or over and who lives in the same household as an individual who is having or who has had their suitability assessed for the purposes of—

• (i) engaging in any activity which is regulated activity relating to children within the meaning of Part 1 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006 or as it had effect immediately before the coming into force of section 64 of the Protection of Freedoms Act 2012;

• (ii) working in a further education institution (within the meaning of section 140 of the Education Act 2002) where the normal duties of that work involve regular contact with children; or

• (iii) working in a 16 to 19 Academy (within the meaning of section 1B of the Academies Act 2010) where the normal duties of that work involve regular contact with children

where that individual, and the person who lives in the same household, live on the premises where that activity or work would normally take place;

• (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (i) work done infrequently which, if done frequently, would be regulated activity relating to children within the meaning of Part 1 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006 or as it had effect immediately before the coming into force of section 64 of the Protection of Freedoms Act 2012;

• (j) registration under Part II of the Care Standards Act 2000 (establishments and agencies);

• (ja) registration under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (regulated services);

• (k) registration under Part 4 of the Regulation and Inspection of Social Care (Wales) Act 2016 (social care workers);

• (l) considering the applicant’s suitability for work in a further education institution (within the meaning of section 140 of the Education Act 2002) or a 16 to 19 Academy (within the meaning of section 1B of the Academies Act 2010) where the normal duties of that work involve regular contact with persons aged under 18.

• (m) registration as a childminder agency under Chapter 2A or 3A of Part 3 of the Childcare Act 2006;

• (n) considering the applicant’s suitability to manage a childminder agency;

• (o) considering the applicant’s suitability to work for a childminder agency in any capacity which requires the applicant to enter childcare premises and enables that person, in the normal course of duties, to have contact with children for whom childcare is provided or access to sensitive or personal information about children for whom childcare is provided.

List kept under section 1 of the Protection of Children Act 1999: prescribed details

Directions made under section 142 of the Education Act 2002: prescribed details

List kept under section 81 of the Care Standards Act 2000: prescribed details

Central records: prescribed details

Enhanced criminal record certificates: relevant police forces

Evidence of identity: fingerprinting

Fees payable to police authorities for information provided to the Secretary of State

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

Criminal record certificates: suitability relating to adults: prescribed positions

8A

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

Central records: prescribed details

Enhanced criminal record certificates: relevant police forces

Evidence of identity: fingerprinting

Exception to unlawful disclosure provisions

Definition of “work with adults”

Fees for requesting up-date information under section 116A of the Act

Registered persons: copies of certificates

List kept under section 81 of the Care Standards Act 2000: prescribed details

Criminal record certificates: suitability relating to adults: prescribed positions

Exception to unlawful disclosure provisions

Definition of “work with children”

Fees for requesting up-date information under section 116A of the Act

Registered persons: copies of certificates

Fee for criminal conviction certificates

3A

The fee payable in relation to an application for a criminal conviction certificate is prescribed as £21.50.

Fees for criminal record certificates and enhanced criminal record certificates

Fees for enhanced criminal record certificates

Criminal conviction certificates: prescribed details

4B

• (1) The following details of a conviction are prescribed for the purposes of section 112(2)(a) of the Act—

• (a) the date of conviction;

• (b) the convicting court;

• (c) the offence;

• (d) the method of disposal for the offence, including any ancillary order made.

• (2) The following details of a conditional caution are prescribed for the purposes of section 112(2)(a) of the Act—

• (a) the date on which the conditional caution was given;

• (b) the offence;

• (c) the attached conditions.

Relevant matters: prescribed details

Enhanced criminal record certificates: prescribed purposes

Definition of “work with adults”

Definition of “work with children”

Fees for requesting up-date information under section 116A of the Act

Registered persons: copies of certificates

List kept under section 81 of the Care Standards Act 2000: prescribed details

Criminal record certificates: suitability relating to adults: prescribed positions

Central records: prescribed details

Enhanced criminal record certificates: relevant police forces

Evidence of identity: fingerprinting

Exception to unlawful disclosure provisions

Work with adults

Work with children