Explanatory note

This Order specifies the core functions of the Disclosure and Barring Service (“DBS”) under Part 5 of the Police Act 1997 (“the 1997 Act”). Functions which are core functions of the DBS cannot be delegated to a person who is neither an appointed member nor a member of staff of the DBS (under paragraph 7 of Schedule 8 to the Protection of Freedoms Act 2012). The functions specified in article 2 of this Order are the functions under Part 5 of the 1997 Act which cannot be delegated.

These functions include decision-making about what information needs to be submitted in an application for a certificate, whether a certificate was correctly applied for, setting conditions for the use of the electronic service and the up-date service, indentifying the chief officer of police for the purposes of providing information in relation to an application, dealing with disputes over certificates, verifying the identity of applicants, receiving police information and paying fees for that information and maintaining the register of persons able to countersign applications, including dealing with suspension and cancellation of that registration.