The Serious Organised Crime and Police Act 2005 (Commencement No. 15) Order 2015

Made: 11th February 2015

The Secretary of State makes the following Order in exercise of the powers conferred by section 178(8) and (9) of the Serious Organised Crime and Police Act 2005[^f00001]:

Citation

1

This Order may be cited as the Serious Organised Crime and Police Act 2005 (Commencement No. 15) Order 2015.

Commencement

2

Section 163(2) of the Serious Organised Crime and Police Act 2005, insofar as it relates to section 113B(10)(i) and (m) of the Police Act 1997[^f00002] (enhanced criminal record certificates), shall come into force on 9th March 2015 for all remaining purposes.

Signed

Simon Hughes — Minister of State — Ministry of Justice — 11th February 2015

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order brings section 163(2) of the Serious Organised Crime and Police Act 2005, insofar as it relates to section 113B(10) of the Police Act 1997 (c. 50) (“1997 Act”), into force on 9th March 2015 for all remaining purposes.

Section 163(2) insert sections 113A to F into the 1997 Act. Section 113B provides for enhanced criminal record checks. This provision has previously been brought into force throughout the United Kingdom, except for section 113B(10)(i) and (m) in England and Wales. Section 113B(10)(i) and (m) provides that both the Civil Nuclear Constabulary and 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 are to be treated as a police force for the purposes of section 113B of the 1997 Act. Police forces under that section may be prescribed or determined as relevant police forces for the purpose of obtaining information to be disclosed in an enhanced criminal record certificate under Part V of the 1997 Act.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

Footnotes

[^f00001]: 2005 c. 15.

[^f00002]: 1997 c. 50.