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

S.I. 2009/203 · Made 5 February 2009 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 10 September 2012.

Police, England And Wales

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 2000f1.

Annotations to the whole text

Footnotes

f1

2000 c. 7.

Contents

  1. 1Citation, commencement and extent
  2. 2Amendments to the Police Act 1997
  3. 3Article 3
  4. 4Article 4
  5. 5Article 5
  6. 6Article 6
  7. 7Article 7
  8. 8Article 8
  9. 9Article 9
  10. 10Article 10
  11. 11Article 11
  12. 12Amendments to the Safeguarding Vulnerable Groups Act 2006 Repealed
  13. 13Article 13 Repealed
  14. 14Article 14 Repealed
  15. 15Article 15 Repealed
  16. 16Amendment to the Police Act 1997 (Criminal Records) (Registration) Regulations 2006
  17. 17Article 17
  18. 18Article 18
  19. 19Article 19
  20. 20Article 20
  21. 21Prescribed form of applications
  22. Signature
  23. Explanatory note

1Citation, commencement and extentI1

(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.

2Amendments to the Police Act 1997I1

The Police Act 1997f1 is amended as follows.

3I1

(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).”

4I1

(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).”

5I1

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

6I1

(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”.

7I1

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”.

8I1

(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”.

9I1

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

10I1

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”.

11I1

(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”.

12Amendments to the Safeguarding Vulnerable Groups Act 2006F1

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13F1

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14F1

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15F1

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16Amendment to the Police Act 1997 (Criminal Records) (Registration) Regulations 2006I1

The Police Act 1997 (Criminal Records) (Registration) Regulations 2006f1 are amended as follows.

17I1

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”.

18I1

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

19I1

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

20I1

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

21Prescribed form of applicationsI1

(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).

Signature

Meg Hillier

Parliamentary Under-Secretary of State

Home Office

5th February 2009

Explanatory note

(This note is not part of the Order)

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.

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.