Legalize / United Kingdom / Statutory-Instrument

The Police Act 1997 (Criminal Records) (Electronic Communications) Order 2009

Type Statutory-Instrument

Publication 2009-02-05

Last updated 2026-10-07

State In force

Department Statute Law Database

Source legislation.gov.uk

PDF Download

articles Not indexed

This Order, which comes into force on 2nd March 2009, amends Part V of the Police Act 1997 and makes consequential amendments to the Safeguarding Vulnerable Groups Act 2006 in respect of applications made to the Secretary of State for a criminal records certificate or an enhanced criminal records certificate.

Reform history JSON API

Made: 5th February 2009

Laid before Parliament: 9th February 2009

Coming into force: 2nd March 2009

The Secretary of State, considering that the authorisation of the use of electronic communications by this Order for any purpose is such that the extent (if any) to which records of things done for that purpose will be available will be no less satisfactory in cases where use is made of electronic communications than in other cases, makes the following Order in exercise of the power conferred by section 8 of the Electronic Communications Act 2000¹⁹.

Citation, commencement and extent

1

(1) This Order may be cited as the Police Act 1997 (Criminal Records) (Electronic Communications) Order 2009 and shall come into force on 2nd March 2009.

(2) This Order shall extend to England and Wales only.

Amendments to the Police Act 1997

2

The Police Act 1997²⁰ is amended as follows.

3

(1) Section 113A (criminal record certificates) is amended as follows.

(2) After subsection (2) insert—

(2A) But an application for a criminal record certificate need not be countersigned by a registered person if— (a) the application is transmitted to the Secretary of State electronically by a registered person who satisfies conditions determined by the Secretary of State, and (b) it is transmitted in accordance with requirements determined by the Secretary of State.

(3) In subsection (4) for “the registered person who countersigned” substitute “whoever acted as the registered person in relation to”.

(4) After subsection (8) insert—

(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 the Secretary of State under subsection (2A).

4

(1) Section 113B (enhanced criminal record certificates) is amended as follows.

(2) After subsection (2) insert—

(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 the Secretary of State electronically by a registered person who satisfies conditions determined by the Secretary of State, and (b) it is transmitted in accordance with requirements determined by the Secretary of State.

(3) In subsection (6) for “the registered person who countersigned” substitute “whoever acted as the registered person in relation to”.

(4) After subsection (11) insert—

(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 the Secretary of State under subsection (2A).

5

In section 120(5)(b) (requirements for bodies applying for registration) for “countersign” substitute “act as the registered person in relation to”.

6

(1) Section 120ZA (regulations about registration) is amended as follows.

(2) In subsection (2)(d) after “this Part” insert “or the transmitting of applications under section 113A(2A) or 113B(2A)”.

(3) In subsection (4)—

(a) in paragraph (a) for “he countersigns” substitute “acting as the registered person in relation to”, and

(b) in paragraph (b) for “registered person who countersigns it” substitute “person who acts as the registered person in relation to the application”.

7

In section 120A(4) (provision of information about suitability of registered persons)—

(a) in paragraph (b)(iii) for “the countersigning of applications by a particular applicant for registration or by a particular registered person” substitute “a particular applicant for registration, or a particular registered person, acting as the registered person in relation to applications under this Part”, and

(b) in paragraph (c) for “the countersigning of” substitute “a person acting as the registered person in relation to”.

8

(1) Section 120AA (refusal, cancellation or suspension of registration on other grounds) is amended as follows.

(2) In subsection (1) for “countersign” substitute “act as the registered person in relation to”.

(3) In subsection (2)—

(a) in paragraph (a) for “countersign” substitute “act as the registered person in relation to”, and

(b) in paragraph (b) for “countersigned” substitute “acted as the registered person in relation to”.

9

In section 120AB(8) (exception from procedure for cancellation or suspension) for “countersigning” substitute “acting as the registered person in relation to”.

10

In section 122(3) (code of practice)—

(a) for “registered person who countersigned” (both as enacted and as substituted by the Safeguarding Vulnerable Groups Act 2006) substitute “person who acted as the registered person in relation to”, and

(b) in paragraph (b) for “countersigned” substitute “acted as the registered person”.

11

(1) Section 124 (offences: disclosure) is amended as follows.

(2) In subsection (1)(b) and (c) for “countersigned” substitute “acted as the registered person in relation to”.

(3) In subsection (2) for “countersigned” substitute “in relation to which the person who acted as the registered person did so”.

(4) In subsection (3) for “countersigned by or at the request of an individual” substitute “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”.

Amendments to the Safeguarding Vulnerable Groups Act 2006

12

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

13

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

14

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

15

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

Amendment to the Police Act 1997 (Criminal Records) (Registration) Regulations 2006

16

The Police Act 1997 (Criminal Records) (Registration) Regulations 2006²¹ are amended as follows.

17

In regulation 3(1)—

(a) in sub-paragraph (e)(i) after “under section 113A or 113B” insert “or transmit applications under section 113A(2A) or 113B(2A)”;

(b) in sub-paragraph (f)(i) after “in relation to the countersigning” insert “or the transmission”.

18

In regulation 4(1) after “in relation to the countersigning” insert “or the transmission”.

19

In regulation 7(l) for “countersigned by the registered person” substitute “in relation to which the registered person has acted as a registered person”.

20

In regulation 10(1) after “countersign” insert “or transmit”.

Prescribed form of applications

21

(1) An application to which the following paragraph applies shall be treated as having been made in the form prescribed for the purposes of section 113A(1)(a) or 113B(1)(a) of the Police Act 1997.

(2) This paragraph applies to an application if—

(a) it includes the information required to be included in the form so prescribed; and

(b) it is transmitted to the Secretary of State under sections 113A(2A) or 113B(2A) (as the case may be).

Signed

Meg Hillier — Parliamentary Under-Secretary of State — 5th February 2009

Editorial notes

Art. 1 in force at 2.3.2009, see art. 1(1)

Art. 2 in force at 2.3.2009, see art. 1(1)

Art. 3 in force at 2.3.2009, see art. 1(1)

Art. 4 in force at 2.3.2009, see art. 1(1)

Art. 5 in force at 2.3.2009, see art. 1(1)

Art. 6 in force at 2.3.2009, see art. 1(1)

Art. 7 in force at 2.3.2009, see art. 1(1)

Art. 8 in force at 2.3.2009, see art. 1(1)

Art. 9 in force at 2.3.2009, see art. 1(1)

Art. 10 in force at 2.3.2009, see art. 1(1)

Art. 11 in force at 2.3.2009, see art. 1(1)

Art. 16 in force at 2.3.2009, see art. 1(1)

Art. 17 in force at 2.3.2009, see art. 1(1)

Art. 18 in force at 2.3.2009, see art. 1(1)

Art. 19 in force at 2.3.2009, see art. 1(1)

Art. 20 in force at 2.3.2009, see art. 1(1)

Art. 21 in force at 2.3.2009, see art. 1(1)

Arts. 12-15 revoked (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(bb)

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

Regulations 3 and 4 insert new provisions into sections 113A and 113B of the Police Act 1997 which have the effect that an application made under those sections need not be countersigned if the application is submitted electronically in accordance with conditions and requirements determined by the Secretary of State. Regulation 21 provides that any application submitted electronically under these new provisions is deemed to have been made in the prescribed form.

Footnotes

2000 c. 7.

1997 c. 50; sections 113A and 113B were inserted by section 163(2) of the Serious Organised Crime and Police Act 2005 (c. 15); section 113A is prospectively amended by section 63(1) of, and paragraph 14(2) of Schedule 9 to, the Safeguarding Vulnerable Groups Act 2006 (c. 47); section 120A was inserted by section 134(1) of the Criminal Justice and Police Act 2001 (c. 16); sections 120ZA, 120AA and 120AB were inserted by section 328 of, and paragraphs 1, 7 and 9 to, the Criminal Justice Act 2003 (c. 44).

S.I. 2006/750.

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.