(4) In 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

5registers”.

(6) Omit 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) 10in subsection (1)—

(i) for “must” substitute “may”, and

(ii) omit “prescribed”,

(b) in subsection (4)—

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

15has 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”,

(d) omit subsection (6), and

(e) 20in the heading for “duty” substitute “power”.

(2) In 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

25occurs, substitute “ISA”,

(c) in 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) 30In section 48 of that Act (supervisory authorities: notification of barring etc. in

respect of children)—

(a) in subsection (1)—

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

(ii) in paragraph (a) omit “newly”,

(iii) 35at 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) 40The 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

concerned.”,

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

45any circumstance mentioned in subsection (1)”,

(e) in subsection (5)—

(i) after “withdrawn if” insert “—

“(a)”,

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

5“occurs” substitute “of any circumstance mentioned in

subsection (1)”, and

(iii) at the end insert “, or

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

the following grounds—

(i) 10that the supervisory authority has not answered,

within 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

15circumstance mentioned in subsection (1) in

relation 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) 20in subsection (8) for “prescribe” substitute “determine”.

(4) In 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) 25in paragraph (a) omit “newly”,

(iii) at 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) 30after 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

concerned.”,

(d) 35in 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)”,

(ii) 40for 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) the Secretary of State cancels the application on either of

45the 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

Secretary of State as to whether the supervisory

50authority 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

with the exercise of a function of the supervisory

5authority 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

by the authority or otherwise)”,

(b) 10in 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 “or

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

(c) 15after 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

mentioned in section 45(7).

(5) 20The 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) section 87(2) (which, if commenced, would insert sections 34A to 34C

25into 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) 30In section 39 of the Safeguarding Vulnerable Groups Act 2006 (duty of local

authorities to refer)—

(a) in subsection (1)—

(i) for “must” substitute “may”, and

(ii) omit “prescribed”,

(b) 35in subsection (4)—

(i) in 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) 40in subsection (5) omit “prescribed”, and

(d) in 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

45control of the chief officer,

(d) any prescribed purpose”.

(4) After section 50A(1) of that Act insert—

“(1A) ISA must, for use for any of the purposes mentioned in subsection (1),

provide to any chief officer of police who has requested it information

as to whether a person is barred.

(1B) 5ISA may, for use for the purposes of the protection of children or

vulnerable adults, provide to a relevant authority any information

which ISA reasonably believes to be relevant to that authority.

(1C) ISA must, for use for the purposes of the protection of children or

vulnerable adults, provide to any relevant authority who has requested

10it information as to whether a person is barred.”

(5) After section 50A(3) of that Act insert—

“(4) In this section “relevant authority” means—

(a) the Secretary of State exercising functions in relation to prisons,

or

(b) 15a provider of probation services (within the meaning given by

section 3(6) of the Offender Management Act 2007).”

Corresponding amendments relating to Northern Ireland

77 Corresponding amendments in relation to Northern Ireland

Schedule 7 (which makes corresponding amendments in relation to Northern

20Ireland about the safeguarding of vulnerable groups) has effect.

CHAPTER 2 Criminal records

Safeguards in relation to certificates

78 Restriction on information provided to certain persons

(1) Omit section 93 of the Policing and Crime Act 2009 (which, if commenced,

25would insert section 112(2A) into the Police Act 1997 requiring copies of certain

criminal conviction certificates to be given to employers etc.).

(2) Omit—

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

criminal record certificate to registered person), and

(b) 30section 113B(5) and (6) of that Act (requirement to give relevant

information and copy of enhanced criminal record certificate to

registered person).

79 Minimum age for applicants for certificates or to be registered

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

35(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) in paragraph (b)—

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

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

5is aged 18 or over”, and

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

80 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

10information)—

(a) for “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

15believes to”, and

(d) in 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

20Secretary of State.”

(3) In 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
  
  25purposes of making a request under subsection (4).”,
  
  and”

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

(4) After section 117(1) of that Act (disputes about accuracy of certificates) insert—

“(1A) Where any person other than the applicant believes that the

30information contained in a certificate under any of sections 112 to 116 is

inaccurate, that person may make an application to the Secretary of

State for a decision as to whether or not the information is inaccurate.”

(5) After section 117 of that Act insert—

“117A Other disputes about section 113B(4) information

(1) 35Subsection (2) applies if a person believes that information provided in

accordance with section 113B(4) and included in a certificate under

section 113B or 116 —

(a) is not relevant for the purpose described in the statement under

section 113B(2) or (as the case may be) 116(2), or

(b) 40ought not to be included in the certificate.

(2) The person may apply to the independent monitor appointed under

section 119B for a decision as to whether the information is information

which falls within subsection (1)(a) or (b) above.

(3) The independent monitor, on receiving such an application, must ask

such chief officer of a police force as the independent monitor considers

appropriate to review whether the information concerned is

information which—

(a) 5the chief officer reasonably believes to be relevant for the

purpose described in the statement under section 113B(2) or (as

the case may be) 116(2), and

(b) in the chief officer’s opinion, ought to be included in the

certificate.

(4) 10In exercising functions under subsection (3), the chief officer concerned

must have regard to any guidance for the time being published under

section 113B(4A).

(5) If, following a review under subsection (3), the independent monitor

considers that any of the information concerned is information which

15falls within subsection (1)(a) or (b)—

(a) the independent monitor must inform the Secretary of State of

that fact, and

(b) on being so informed, the Secretary of State must issue a new

certificate.

(6) 20In issuing such a certificate, the Secretary of State must proceed as if the

information which falls within subsection (1)(a) or (b) had not been

provided under section 113B(4).

(7) In deciding for the purposes of this section whether information is

information which falls within subsection (1)(a) or (b), the independent

25monitor must have regard to any guidance for the time being published

under section 113B(4A).

(8) Subsections (10) and (11) of section 113B apply for the purposes of this

section as they apply for the purposes of that section.”

Up-dating and content of certificates

81 30Up-dating certificates

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

judicial appointments and Crown employment) insert—

“116A Up-dating certificates

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

35subject to subsection (2), give up-date information to that person

about—

(a) a criminal conviction certificate,

(b) a criminal record certificate, or

(c) an enhanced criminal record certificate,

40which 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) any 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) 5Condition A is that—

(a) the 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

10prescribed fee,

(c) the 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) 15Condition B is that—

(a) the 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) 20the individual has paid in the prescribed manner any

prescribed 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) 25the period of 12 months beginning with the date on which the

grant 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

30prescribed.

(7) In 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

35central records 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,

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

40includes suitability information relating to children or

vulnerable 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

45mentioned 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,

and

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

(i) 5information that there is no information recorded in

central records, nor any information of the kind

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

in a new certificate but is not included in the current

certificate, or

(ii) 10advice 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—

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

• “criminal record certificate” includes a certificate under section
  
  15114,

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

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

• “relevant person” means—

  (a)

  20in relation to a criminal conviction certificate—

  (i)

  the individual whose certificate it is, or

  (ii)

  any person authorised by the individual,

  (b)

  in relation to a criminal record certificate—

  (i)

  the individual whose certificate it is, or

  (ii)

  25any person who is authorised by the individual
  
  and is seeking the information for the purposes
  
  of an exempted question, and

  (c)

  in relation to an enhanced criminal record certificate—

  (i)

  the individual whose certificate it is, or

  (ii)

  30any person who is authorised by the individual
  
  and is seeking the information for the purposes
  
  of an exempted question asked for a purpose
  
  prescribed under section 113B(2)(b).”

82 Criminal conviction certificates: conditional cautions

35In 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) in paragraph (b) for “is no such conviction” substitute “are no such

convictions and conditional cautions”.

40Other

83 Out of date references to certificates of criminal records

In section 75(4) of the Data Protection Act 1998 (commencement of section 56

of that Act not to be earlier than the first day on which certain sections of the

Police Act 1997 relating to certificates of criminal records are all in force) for

45“sections 112, 113 and 115” substitute “sections 112, 113A and 113B”.

CHAPTER 3 The Disclosure and Barring Service

General

84 Formation and constitution of DBS

(1) There is to be a body corporate known as the Disclosure and Barring Service.

(2) 5In this Chapter “DBS” means the Disclosure and Barring Service.

(3) Schedule 8 (which makes further provision about DBS) has effect.

85 Transfer of functions to DBS and dissolution of ISA

(1) The Secretary of State may by order transfer any function of ISA to DBS.

(2) The Secretary of State may by order transfer to DBS any function of the

10Secretary of State under, or in connection with—

(a) Part 5 of the Police Act 1997 (criminal records),

(b) the Safeguarding Vulnerable Groups Act 2006, or

(c) the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007

(S.I. 2007/1351 (N.I.11)S.I. 2007/1351 (N.I.11)).

(3) 15The Secretary of State may by order provide for the dissolution of ISA.

(4) In this section—

• “function” does not include any power of the Secretary of State to make
  
  an order or regulations,

• “ISA” means the Independent Safeguarding Authority.

20Supplementary

86 Orders under section 85

(1) Any power to make an order under section 85—

(a) is exercisable by statutory instrument,

(b) includes power to make consequential, supplementary, incidental,

25transitional, transitory or saving provision,

(c) may, in particular, be exercised by amending, repealing, revoking or

otherwise modifying any provision made by or under an enactment

(whenever passed or made and including this Act).

(2) Subject to subsection (3), a statutory instrument containing an order under

30section 85 is not to be made unless a draft of the instrument has been laid

before, and approved by a resolution of, each House of Parliament.

(3) A statutory instrument containing an order under section 85 which neither

amends nor repeals any provision of primary legislation is subject to

annulment in pursuance of a resolution of either House of Parliament.

(4) 35If a draft of an instrument containing an order under section 85 (alone or with

other provision) would, apart from this subsection, be treated as a hybrid

instrument for the purposes of the standing orders of either House of

Parliament, it is to proceed in that House as if it were not a hybrid instrument.

(5) In this section—

• “enactment” includes a Measure or Act of the National Assembly for
  
  5Wales and Northern Ireland legislation,

• “primary legislation” means—

  (a)

  a public general Act,

  (b)

  a Measure or Act of the National Assembly for Wales, and

  (c)

  Northern Ireland legislation.

87 10Transfer schemes in connection with orders under section 85