Explanatory note

These Regulations, which come into force on 1st April 2010, prescribe three new purposes for which enhanced criminal record certificates can be obtained under section 113B of the Police Act 1997 (“the Act”) – assessing the suitability of individuals to work in a controlled activity in relation to children, to work in a controlled activity in relation to vulnerable adults or to work at a further education institution. Controlled activity is defined in the Safeguarding Vulnerable Groups Act 2006.

These Regulations also prescribe new cases in which suitability information, as defined in sections 113BA and 113BB of the Act, can be included on an enhanced criminal record certificate. Regulation 3 provides that suitability information relating to children can be included on an enhanced criminal record certificate when the purpose for which it was obtained was to assess the suitability of an individual to work in a controlled activity relating to children or at an institution within the further education sector.

Regulation 4 provides that suitability information relating to vulnerable adults can be included on an enhanced criminal record certificate when the purpose for which it was obtained was to assess the suitability of an individual to work in a controlled activity relating to vulnerable adults or at an institution within the further education sector.