# The Serious Organised Crime and Police Act 2005 (Commencement No. 16) Order 2020

S.I. 2020/357 · made 26 March 2020

This Order brings section 163(2) of the Serious Organised Crime and Police Act 2005 (c. 15) into force on 27th March 2020, insofar as it relates to section 113E(1) and (2) of the Police Act 1997 (c. 50) (“1997 Act”) and the type of applications listed in article 2(a) of this Order. For the purposes of applications made by an emergency volunteer, as defined in section 9(8)(a) of the Coronavirus Act 2020 (c. 7), section 163(2) will come into force immediately after section 9(8) of that Act comes into force.

Made under: Serious Organised Crime and Police Act 2005 (Section 178)

PDFs: Printed copy https://openlegislation.uk/serious-organised-crime-and-police-act-2005-commencement-no-16-order-2020/pdf/uksi_20200357_en.pdf

## Introductory text

Police, England And Wales
Made 26th March 2020
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.

## 1 Citation, interpretation and extent

(1) This Order may be cited as the Serious Organised Crime and Police Act 2005 (Commencement No. 16) Order 2020.
(2) In this Order—
“NHS health services” means—
(a) in relation to England, any kind of health services provided as part of the health service continued under section 1(1) of the National Health Service Act 2006 (Secretary of State’s duty to promote comprehensive health service); and
(b) in relation to Wales, any kind of health services provided as part of the health service continued under section 1(1) of the National Health Service (Wales) Act 2006 (Welsh Ministers’ duty to promote health service);
“social care services” means—
(a) in relation to England—
(i) adult social services as defined in section 97(1) of the Health and Social Care Act 2008 (general interpretation) and services which are the same as services which could be provided by a local authority in exercise of any of its adult social services functions as defined in section 97(1) of the Health and Social Care Act 2008, whoever provides them; and
(ii) services provided or commissioned in relation to children by a local authority in the exercise of its social services functions as defined in section 1A of the Local Authority Social Services Act 1970 (meaning of “social services functions”) and the duties described in sections 23C to 24D of the Children Act 1989 (duties in relation to relevant former children and other young persons);
(b) in relation to Wales, services provided or commissioned by a local authority in Wales in the exercise of its social services functions as defined in section 143 of, and Schedule 2 to, the Social Services and Well-being (Wales) Act 2014 (social services functions of local authorities) and services which are the same as services which could be provided by a local authority in Wales in exercise of any of its social services functions, whoever provides them.
(3) This Order extends to England and Wales.

## 2 Commencement

Section 163(2) of the Serious Organised Crime and Police Act 2005 (criminal record certificates) comes into force for the purpose of inserting subsections (1) and (2) of section 113E of the Police Act 1997 (criminal record certificates: specified children’s list: urgent cases)—
(a) on 27th March 2020 in so far as those subsections relate to applications for an enhanced criminal record certificate under section 113B of the Police Act 1997 (enhanced criminal record certificates) made—
(i) by a person who is registered, or who the Registrar is considering registering, as a nurse, midwife or nursing associate (individually or as part of a specified group) under article 9A of the Nursing and Midwifery Order 2001 (temporary registration in emergencies involving loss of human life or human illness etc);
(ii) by a person who is registered, or who the Registrar is considering registering, as a member of a relevant profession (individually or as part of a specified group) under article 9A of the Health Professions Order 2001 (temporary registration in emergencies involving loss of human life or human illness etc);
(iii) by a person who is registered, or who the regulator is considering registering, as a social worker (individually or as part of a specified group) under regulation 12A of the Social Workers Regulations 2018 (temporary registration in emergencies involving loss of human life or human illness etc);
(iv) by a person who is registered, or who the registrar is considering registering, as a social worker (individually or as part of a specified group) under section 83A of the Regulation and Inspection of Social Care (Wales) Act 2016 (temporary registration in emergencies involving loss of human life or human illness etc);
(v) by a person who is registered, or who the Registrar is considering registering, as a fully registered medical practitioner (individually or as part of a specified group) under section 18A of the Medical Act 1983 (temporary registration with regard to emergencies involving loss of human life or human illness etc);
(vi) by a person who is registered, or who the Registrar is considering registering, as a pharmacist or a pharmacy technician (individually or as part of a specified group) under article 34 of the Pharmacy Order 2010 (temporary entry with regard to emergencies involving loss of human life or human illness etc);
(vii) for the purposes of considering the applicant’s suitability for employment for the purposes of providing, or being engaged to provide, NHS health services or social care services in connection with, or in consequence of, the provision of care or treatment to a person who has, or is suspected of having, coronavirus disease as defined by section 1 of the Coronavirus Act 2020, whether or not in respect of that disease;
(b) immediately after the coming into force of section 9(8) of the Coronavirus Act 2020 (compensation for emergency volunteers) in so far as those subsections relate to applications for an enhanced criminal record certificate under section 113B of the Police Act 1997 from a person who is approved by the appropriate authority, or who the appropriate authority is considering approving, as an emergency volunteer in health or social care under section 9(8)(a) of the Coronavirus Act 2020.

## Signature

Victoria Atkins
Parliamentary Under Secretary of State
Home Office
26th March 2020

## Explanatory note

(This note is not part of the Order)
This Order brings section 163(2) of the Serious Organised Crime and Police Act 2005 (c. 15) into force on 27th March 2020, insofar as it relates to section 113E(1) and (2) of the Police Act 1997 (c. 50) (“1997 Act”) and the type of applications listed in article 2(a) of this Order. For the purposes of applications made by an emergency volunteer, as defined in section 9(8)(a) of the Coronavirus Act 2020 (c. 7), section 163(2) will come into force immediately after section 9(8) of that Act comes into force.
Section 163(2) inserts sections 113A to 113F into the 1997 Act. Where an application is made for an enhanced criminal record certificate which is eligible for a check of the children’s and/or adults’ barred lists, section 113E provides for checks of those lists in urgent cases. A person included in a barred list is barred from engaging in regulated activity with the relevant group.
The commencement of section 163(2) is also limited to applications for enhanced criminal record certificates from those listed in article 2(a) and 2(b) and includes emergency volunteers, nurses, pharmacists, other health care professionals and social workers who are temporarily or otherwise registered under relevant legislation, including that modified by the Coronavirus Act 2020 and persons employed in connection with the provision of care and treatment of coronavirus disease.
An impact assessment has not been produced for this instrument as no impact on the private, voluntary or public sector is foreseen.

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Source: https://www.legislation.gov.uk/uksi/2020/357 (the official version)
Page: https://openlegislation.uk/serious-organised-crime-and-police-act-2005-commencement-no-16-order-2020
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.