(5E) The duties in subsections (2), (4) and (5B) do not apply if ISA or (as the

case may be) the Secretary of State is satisfied that the keeper of the

register already has the information concerned.

(5F) The Secretary of State may determine the form, manner and contents of

5an application for the purposes of this section.

(5G) In this section relevant information is information—

(a) which—

(i) relates to the protection of children or vulnerable adults

in general, or of any child or vulnerable adult in

10particular, and

(ii) is relevant to the exercise of any function of the keeper

of the register, but

(b) which is not—

(i) information that the circumstances are as mentioned in

15subsection (1)(b)(i) or (ii) in relation to the person,

(ii) any information provided under subsection (2)(b), or

(iii) information falling within paragraph 19(5) of Schedule

3.

(5H) The Secretary of State may by order amend subsection (5G).”

(4) 20In section 43(6)(a) of the Act of 2006 (meaning of “relevant register”) omit “of

entry 1 or 8”.

(5) In the heading of section 43 of that Act for “notice of barring and cessation of

monitoring” substitute “provision of barring information to keepers of

registers”.

(6) 25Omit section 44 of that Act (registers: power to apply for vetting information).

75 Supervisory authorities

(1) In section 45 of the Safeguarding Vulnerable Groups Act 2006 (duty of

supervisory authorities to refer)—

(a) in subsection (1)—

(i) 30for “must” substitute “may”, and

(ii) omit “prescribed”,

(b) in subsection (4)—

(i) in paragraph (a), for “engaged or may engage” substitute “or

has been, or might in future, be engaged”,

(ii) 35also in paragraph (a), omit “or controlled activity”, and

(iii) in paragraph (b) for “, 2, 7 or 8” substitute “or 7”,

(c) in subsection (5) omit “prescribed”,

(d) omit subsection (6), and

(e) in the heading for “duty” substitute “power”.

(2) 40In section 47 of that Act (supervisory authorities: power to apply for vetting

information)—

(a) in the heading for “vetting” substitute “certain barring”,

(b) in subsection (1) for “the Secretary of State”, in both places where it

occurs, substitute “ISA”,

(c) 45in subsection (2) omit paragraphs (b) to (e),

(d) in subsection (3) omit paragraphs (b) to (e),

(e) omit subsection (5), and

(f) in subsection (7) for “prescribe” substitute “determine”.

(3) In section 48 of that Act (supervisory authorities: notification of barring etc. in

5respect of children)—

(a) in subsection (1)—

(i) for “This section” substitute “Subsection (2)”,

(ii) in paragraph (a) omit “newly”,

(iii) at the end of paragraph (a) insert “or”,

(iv) 10in paragraph (b) for “becomes” substitute “is”, and

(v) omit paragraph (c) and the word “or” before it,

(b) in subsection (2) for “, (b) or (c)” substitute “or (b)”,

(c) after subsection (2) insert—

“(2A) The duty in subsection (2) does not apply in relation to an

15interested supervisory authority if the Secretary of State is

satisfied that the authority already has the information

concerned.”,

(d) in subsection (3)(a) for the words from “if” to “occurs” substitute “of

any circumstance mentioned in subsection (1)”,

(e) 20in subsection (5)—

(i) after “withdrawn if” insert “—

“(a)”,

(ii) for the words from “if”, where it appears for the second time, to

“occurs” substitute “of any circumstance mentioned in

25subsection (1)”, and

(iii) at the end insert “, or

“(b) the Secretary of State cancels the application on either of

the following grounds—

(i) that the supervisory authority has not answered,

30within such reasonable period as was required

by the Secretary of State, a request from the

Secretary of State as to whether the supervisory

authority still wishes to be notified of any

circumstance mentioned in subsection (1) in

35relation to the person, or

(ii) that the notification is not required in connection

with the exercise of a function of the supervisory

authority mentioned in section 45(7).”, and

(f) in subsection (8) for “prescribe” substitute “determine”.

(4) 40In section 49 of that Act (supervisory authorities: notification of barring etc. in

respect of vulnerable adults)—

(a) in subsection (1)—

(i) for “This section” substitute “Subsection (2)”,

(ii) in paragraph (a) omit “newly”,

(iii) 45at the end of paragraph (a) insert “or”,

(iv) in paragraph (b) for “becomes” substitute “is”, and

(v) omit paragraph (c) and the word “or” before it,

(b) in subsection (2) for “, (b) or (c)” substitute “or (b)”,

(c) after subsection (2) insert—

“(2A) The duty in subsection (2) does not apply in relation to an

interested supervisory authority if the Secretary of State is

satisfied that the authority already has the information

5concerned.”,

(d) in subsection (3)(a) for the words from “if” to “occurs” substitute “of

any circumstance mentioned in subsection (1)”,

(e) in subsection (5)—

(i) after “withdrawn if” insert “—

“(a)”, 10

(ii) for the words from “if”, where it appears for the second time, to

“occurs” substitute “of any circumstance mentioned in

subsection (1)”, and

(iii) at the end insert “, or

“(b) 15the Secretary of State cancels the application on either of

the following grounds—

(i) that the supervisory authority has not answered,

within such reasonable period as was required

by the Secretary of State, a request from the

20Secretary of State as to whether the supervisory

authority still wishes to be notified of any

circumstance mentioned in subsection (1) in

relation to the person, or

(ii) that the notification is not required in connection

25with the exercise of a function of the supervisory

authority mentioned in section 45(7).”, and

(f) in subsection (8) for “prescribe” substitute “determine”.

(5) In section 50 of that Act (provision of information to supervisory authorities)—

(a) in subsection (2) for “must” substitute “may (whether on an application

30by the authority or otherwise)”,

(b) in subsection (3)—

(i) in paragraph (b), after “the authority” insert “which is

mentioned in section 45(7)”, and

(ii) for the words from “or information” to “occurred” substitute “of

35any circumstance mentioned in section 48(1) or 49(1)”, and

(c) after subsection (3) insert—

“(4) A supervisory authority may apply to ISA under this section

only if the information is required in connection with the

exercise of a function of the supervisory authority which is

40mentioned in section 45(7).

(5) The Secretary of State may determine the form, manner and

contents of an application for the purposes of this section.”

76 Minor amendments

(1) In the Policing and Crime Act 2009 omit—

(a) 45section 87(2) (which, if commenced, would insert sections 34A to 34C

into the Safeguarding Vulnerable Groups Act 2006 in connection with

the notification of proposals to include persons in barred lists), and

(b) section 89(6) (which, if commenced, would amend the power of the

Secretary of State in the Act of 2006 to examine records of convictions

or cautions in connection with barring decisions).

(2) In section 39 of the Safeguarding Vulnerable Groups Act 2006 (duty of local

5authorities to refer)—

(a) in subsection (1)—

(i) for “must” substitute “may”, and

(ii) omit “prescribed”,

(b) in subsection (4)—

(i) 10in paragraph (a), for “engaged or may engage” substitute “or

has been, or might in future, be engaged”,

(ii) also in paragraph (a), omit “or controlled activity”, and

(iii) in paragraph (b) for “, 2, 7 or 8” substitute “or 7”,

(c) in subsection (5) omit “prescribed”, and

(d) 15in the heading for “duty” substitute “power”.

(3) In section 50A(1) of the Act of 2006 (power for ISA to provide information to

the police for use for certain purposes), after paragraph (b), insert—

“(c) the appointment of persons who are under the direction and

control of the chief officer”.

CHAPTER 2 20Criminal records

Safeguards in relation to certificates

77 Restriction on information provided to registered persons

Omit—

(a) section 113A(4) of the Police Act 1997 (requirement to send copy of

25criminal record certificate to registered person), and

(b) section 113B(5) and (6) of that Act (requirement to give relevant

information and copy of enhanced criminal record certificate to

registered person).

78 Minimum age for applicants for certificates or to be registered

(1) 30In sections 112(1), 113A(1), 113B(1), 114(1) and 116(1) of the Police Act 1997

(applications for certificates), before the word “and” at the end of paragraph

(a), insert—

“(aa) is aged 16 or over at the time of making the application,”.

(2) In section 120(4) of that Act (registered persons)—

(a) 35in paragraph (b)—

(i) after “person” insert “who is”, and

(ii) after “enactment” insert “and who, in the case of an individual,

is aged 18 or over”, and

(b) in paragraph (c) after “individual” insert “aged 18 or over”.

79 Enhanced criminal record certificates: additional safeguards

(1) In subsection (4) of section 113B of the Police Act 1997 (enhanced criminal

record certificates: requests by the Secretary of State to chief officers for

information)—

(a) 5for “the chief officer of every relevant police force” substitute “any

relevant chief officer”,

(b) omit “, in the chief officer’s opinion”,

(c) in paragraph (a), for “might” substitute “the chief officer reasonably

believes to”, and

(d) 10in paragraph (b), at the beginning insert “in the chief officer’s opinion,”.

(2) After subsection (4) of that section of that Act insert—

“(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.”

(3) 15In subsection (9) of that section of that Act—

(a) before the definition of “relevant police force” insert—

• “relevant chief officer” means any chief officer of a police
  
  force who is identified by the Secretary of State for the
  
  purposes of making a request under subsection (4).”,
  
  20and”

(b) omit the definition of “relevant police force”.

(4) After section 117(2) of that Act (disputes about accuracy of certificates) insert—

“(2A) An application under this section may, in particular, request a review

of any information contained in a certificate by virtue of section

25113B(4).

(2B) The Secretary of State, on receiving such a request, must ask such chief

officer of a police force as the Secretary of State considers appropriate

to review whether the information concerned might be relevant for the

purpose in respect of which it was requested.

(2C) 30Subsections (10) and (11) of section 113B apply for the purposes of

subsection (2B) as they apply for the purposes of that section.”

Up-dating and content of certificates

80 Up-dating certificates

After section 116 of the Police Act 1997 (enhanced criminal record certificates:

35judicial appointments and Crown employment) insert—

“116A Up-dating certificates

(1) The Secretary of State must, on the request of a relevant person and

subject to subsection (2), give up-date information to that person

about—

(a) 40a criminal conviction certificate,

(b) a criminal record certificate, or

(c) an enhanced criminal record certificate,

which is subject to up-date arrangements.

(2) The Secretary of State may impose conditions about—

(a) the information to be supplied in connection with such a

request for the purpose of enabling the Secretary of State to

decide whether the person is a relevant person,

(b) 5any other information to be supplied in connection with such a

request.

(3) For the purposes of subsection (1) a certificate is subject to up-date

arrangements if condition A or B is met.

(4) Condition A is that—

(a) 10the individual who applied for the certificate made an

application at the same time to the Secretary of State for the

certificate to be subject to up-date arrangements,

(b) the individual has paid in the prescribed manner any

prescribed fee,

(c) 15the Secretary of State has granted the application for the

certificate to be subject to up-date arrangements, and

(d) the period of 12 months beginning with the date on which the

grant comes into force has not expired.

(5) Condition B is that—

(a) 20the individual whose certificate it is has made an application to

the Secretary of State to renew or (as the case may be) further

renew unexpired up-date arrangements in relation to the

certificate,

(b) the individual has paid in the prescribed manner any

25prescribed fee,

(c) the Secretary of State has granted the application,

(d) the grant has come into force on the expiry of the previous up-

date arrangements, and

(e) the period of 12 months beginning with the date on which the

30grant has come into force has not expired.

(6) The Secretary of State must not grant an application as mentioned in

subsection (4)(c) or (5)(c) unless any fee prescribed under subsection

(4)(b) or (as the case may be) (5)(b) has been paid in the manner so

prescribed.

(7) 35In this section “up-date information” means—

(a) in relation to a criminal conviction certificate or a criminal

record certificate—

(i) information that there is no information recorded in

central records which would be included in a new

40certificate but is not included in the current certificate, or

(ii) advice to apply for a new certificate or (as the case may

be) request another person to apply for such a certificate,

(b) in relation to an enhanced criminal record certificate which

includes suitability information relating to children or

45vulnerable adults—

(i) information that there is no information recorded in

central records, no information of the kind mentioned in

section 113B(4), and no information of the kind

mentioned in section 113BA(2) or (as the case may be)

113BB(2), which would be included in a new certificate

but is not included in the current certificate, or

(ii) advice to apply for a new certificate or (as the case may

be) request another person to apply for such a certificate,

5and

(c) in relation to any other enhanced criminal record certificate—

(i) information that there is no information recorded in

central records, nor any information of the kind

mentioned in section 113B(4), which would be included

10in a new certificate but is not included in the current

certificate, or

(ii) advice to apply for a new certificate or (as the case may

be) request another person to apply for such a certificate.

(8) In this section—

• 15“central records” has the same meaning as in section 113A,

• “criminal record certificate” includes a certificate under section
  
  114,

• “enhanced criminal record certificate” includes a certificate under
  
  section 116,

• 20“exempted question” has the same meaning as in section 113A,

• “relevant person” means—

  (a)

  in relation to a criminal conviction certificate—

  (i)

  the individual whose certificate it is, or

  (ii)

  any person authorised by the individual,

  (b)

  25in relation to a criminal record certificate—

  (i)

  the individual whose certificate it is, or

  (ii)

  any person who is authorised by the individual
  
  and is seeking the information for the purposes
  
  of an exempted question, and

  (c)

  30in relation to an enhanced criminal record certificate—

  (i)

  the individual whose certificate it is, or

  (ii)

  any person who is authorised by the individual
  
  and is seeking the information for the purposes
  
  of an exempted question asked for a purpose
  
  35prescribed under section 113B(2)(b).”

81 Criminal conviction certificates: conditional cautions

In section 112(2) of the Police Act 1997 (contents of a criminal conviction

certificate)—

(a) in paragraph (a) after “conviction” insert “or conditional caution”, and

(b) 40in paragraph (b) for “is no such conviction” substitute “are no such

convictions and conditional cautions”.

CHAPTER 3 Disregarding certain convictions for buggery etc.

General

82 Power of Secretary of State to disregard convictions or cautions

(1) A person who has been convicted of, or cautioned for, an offence under—

(a) 5section 12 of the Sexual Offences Act 1956 (buggery),

(b) section 13 of that Act (gross indecency between men), or

(c) section 61 of the Offences against the Person Act 1861 or section 11 of

the Criminal Law Amendment Act 1885 (corresponding earlier

offences),

10may apply to the Secretary of State for the conviction or caution to become a

disregarded conviction or caution.

(2) A conviction or caution becomes a disregarded conviction or caution when

conditions A and B are met.

(3) Condition A is that the Secretary of State decides that it appears that—

(a) 15the other person involved in the conduct constituting the offence

consented to it and was aged 16 or over, and

(b) any such conduct now would not be an offence under section 71 of the

Sexual Offences Act 2003 (sexual activity in a public lavatory).

(4) Condition B is that—

(a) 20the Secretary of State has given notice of the decision to the applicant

under section 84(4)(b), and

(b) the period of 14 days beginning with the day on which the notice was

given has ended.

(5) Sections 85 to 88 explain the effect of a conviction or caution becoming a

25disregarded conviction or caution.

83 Applications to the Secretary of State

(1) An application under section 82 must be in writing.

(2) It must state—

(a) the name, address and date of birth of the applicant,

(b) 30the name and address of the applicant at the time of the conviction or

caution,

(c) so far as known to the applicant, the time when and the place where the

conviction was made or the caution given and, for a conviction, the case

number, and

(d) 35such other information as the Secretary of State may require.

(3) It may include representations by the applicant or written evidence about the

matters mentioned in condition A in section 82.

84 Procedure for decisions by the Secretary of State

(1) In considering whether to make a decision of the kind mentioned in condition

A in section 82, the Secretary of State must, in particular, consider—

(a) any representations or evidence included in the application, and

(b) 5any available record of the investigation of the offence and of any

proceedings relating to it that the Secretary of State considers to be

relevant.

(2) The Secretary of State may not hold an oral hearing for the purpose of deciding

whether to make a decision of the kind mentioned in condition A in section 82.

(3) 10Subsection (4) applies if the Secretary of State—

(a) decides that it appears as mentioned in condition A in section 82, or

(b) makes a different decision in relation to the matters mentioned in that

condition.

(4) The Secretary of State must—

(a) 15record the decision in writing, and

(b) give notice of it to the applicant.

Effect of disregard

85 Effect of disregard on police and other records

(1) The Secretary of State must by notice direct the relevant data controller to

20delete details, contained in relevant official records, of a disregarded

conviction or caution.

(2) A notice under subsection (1) may be given at any time after condition A in

section 82 is met but no deletion may have effect before condition B in that

section is met.

(3) 25Subject to that, the relevant data controller must delete the details as soon as

reasonably practicable.

(4) Having done so, the relevant data controller must give notice to the person

who has the disregarded conviction or caution that the details of it have been

deleted.

(5) 30In this section—

• “delete”, in relation to such relevant official records as may be prescribed,
  
  means record with the details of the conviction or caution concerned—

  (a)

  the fact that it is a disregarded conviction or caution, and

  (b)

  the effect of it being such a conviction or caution,

• 35“the names database” means the names database held by the National
  
  Policing Improvement Agency for the use of constables,

• “official records” means records containing information about persons
  
  convicted of, or cautioned for, offences and kept by any court, police
  
  force, government department or local or other public authority in
  
  40England and Wales for the purposes of its functions,

• “prescribed” means prescribed by order of the Secretary of State,

• “relevant data controller” means—

  Protection of Freedoms BillPage 69

  (a)

  in relation to the names database, any chief officer of police of a
  
  police force in England and Wales who is a data controller in
  
  relation to the details concerned,

  (b)

  in relation to other relevant official records, such person as may
  
  5be prescribed,

• “relevant official records” means—

  (a)

  the names database, and

  (b)

  such other official records as may be prescribed.

(6) An order under this section—

(a) 10may make different provision for different purposes,

(b) is to be made by statutory instrument which is subject to annulment in

pursuance of a resolution of either House of Parliament.

86 Effect of disregard for disclosure and other purposes

(1) A person who has a disregarded conviction or caution is to be treated for all

15purposes in law as if the person has not—

(a) committed the offence,

(b) been charged with, or prosecuted for, the offence,