Police Act 1997
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Change 1
113B Enhanced criminal record certificates
(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
113B Enhanced criminal record certificates
(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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