Serious Organised Crime and Police Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Serious Organised Crime and Police Bill

Serious Organised Crime and Police Bill
Part 5 — Miscellaneous
108

143
Investigations: deaths and serious injuries during or after contact with the
police
Schedule 13 (which makes provision for the investigation of deaths and serious
injuries which occur during or after contact with persons serving with the
police) has effect.
5
Royal Parks etc.
144
Abolition of Royal Parks Constabulary
(1)
The Royal Parks Constabulary is abolished.
(2)
Every relevant person shall cease to be a park constable on the appointed day.
(3)
Subsection (2) is not to be taken as terminating the Crown employment of any
10
relevant person.
(4)
In this section, section 145 and Schedule 14—
“appointed day” means such day as the Secretary of State may by order
appoint for the purposes of this section,
“Crown employment” has the same meaning as in the Employment
15
Rights Act 1996 (c. 18), and
“relevant person” means a person who immediately before the appointed
day is serving as a park constable with the Royal Parks Constabulary.
(5)
Schedule 14 (which provides for transfers to the Metropolitan Police Authority
and makes amendments) has effect.
20
145
Regulation of specified parks
(1)
From the appointed day the Parks Regulation Act 1872 (c. 15) does not apply
to the specified parks.
(2)
But from the appointed day section 2 of the Parks Regulation (Amendment)
Act 1926 (c. 36) applies in relation to the specified parks in the same way as it
25
applies in relation to parks to which the Parks Regulation Act 1872 applies.
(3)
The Secretary of State must ensure that copies of any regulations made under
section 2 of the Parks Regulation (Amendment) Act 1926 which are in force in
relation to a specified park are displayed in a suitable position in that park.
(4)
In this section “specified park” means a park, garden, recreation ground, open
30
space or other land in the metropolitan police district—
(a)
which is specified in an order made by the Secretary of State before the
appointed day, and
(b)
to which the Parks Regulation Act 1872 then applied by virtue of
section 1 of the Parks Regulation (Amendment) Act 1926.
35
Criminal record checks
146
Criminal record certificates
(1)
Sections 113 and 115 of the Police Act 1997 (c. 50) (criminal record certificates)
are omitted.

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Part 5 — Miscellaneous
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(2)
Before section 114 of that Act insert—
“113A
Criminal record certificates
(1)
The Secretary of State must issue a criminal record certificate to any
individual who—
(a)
makes an application in the prescribed manner and form, and
5
(b)
pays in the prescribed manner any prescribed fee.
(2)
The application must—
(a)
be countersigned by a registered person, and
(b)
be accompanied by a statement by the registered person that the
certificate is required for the purposes of an exempted question.
10
(3)
A criminal record certificate is a certificate which—
(a)
gives the prescribed details of every relevant matter relating to
the applicant which is recorded in central records, or
(b)
states that there is no such matter.
(4)
The Secretary of State must send a copy of a criminal record certificate
15
to the registered person who countersigned the application.
(5)
The Secretary of State may treat an application under this section as an
application under section 113B if—
(a)
in his opinion the certificate is required for a purpose prescribed
under subsection (2) of that section,
20
(b)
the registered person provides him with the statement required
by that subsection, and
(c)
the applicant consents and pays to the Secretary of State the
amount (if any) by which the fee payable in relation to an
application under that section exceeds the fee paid in relation to
25
the application under this section.
(6)
In this section—
“central records” means such records of convictions and cautions
held for the use of police forces generally as may be prescribed;
“exempted question” means a question in relation to which section
30
4(2)(a) or (b) of the Rehabilitation of Offenders Act 1974 (effect
of rehabilitation) has been excluded by an order of the Secretary
of State under section 4(4) of that Act;
“relevant matter” means—
(a)
a conviction within the meaning of the Rehabilitation of
35
Offenders Act 1974, including a spent conviction, and
(b)
a caution.
113B
Enhanced criminal record certificates
(1)
The Secretary of State must issue an enhanced criminal record
certificate to any individual who—
40
(a)
makes an application in the prescribed manner and form, and
(b)
pays in the prescribed manner any prescribed fee.
(2)
The application must—
(a)
be countersigned by a registered person, and

Serious Organised Crime and Police Bill
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(b)
be accompanied by a statement by the registered person that the
certificate is required for a prescribed purpose.
(3)
An enhanced criminal record certificate is a certificate which—
(a)
gives the prescribed details of every relevant matter relating to
the applicant which is recorded in central records and any
5
information provided in accordance with subsection (4), or
(b)
states that there is no such matter or information.
(4)
Before issuing an enhanced criminal record certificate the Secretary of
State must request the chief officer of every relevant police force to
provide any information which, in the chief officer’s opinion—
10
(a)
might be relevant for the purpose described in the statement
under subsection (2), and
(b)
ought to be included in the certificate.
(5)
The Secretary of State must also request the chief officer of every
relevant police force to provide any information which, in the chief
15
officer’s opinion—
(a)
might be relevant for the purpose described in the statement
under subsection (2),
(b)
ought not to be included in the certificate, in the interests of the
prevention or detection of crime, and
20
(c)
can, without harming those interests, be disclosed to the
registered person.
(6)
The Secretary of State must send to the registered person who
countersigned the application—
(a)
a copy of the enhanced criminal record certificate, and
25
(b)
any information provided in accordance with subsection (5).
(7)
The Secretary of State may treat an application under this section as an
application under section 113A if in his opinion the certificate is not
required for a purpose prescribed under subsection (2).
(8)
If by virtue of subsection (7) the Secretary of State treats an application
30
under this section as an application under section 113A, he must refund
to the applicant the amount (if any) by which the fee paid in relation to
the application under this section exceeds the fee payable in relation to
an application under section 113A.
(9)
In this section—
35
“central records”, “exempted question”, and “relevant matter”
have the same meaning as in section 113A;
“relevant police force”, in relation to an application under this
section, means a police force which is a relevant police force in
relation to that application under regulations made by the
40
Secretary of State.
(10)
For the purposes of this section references to a police force include any
of the following—
(a)
the Royal Navy Regulating Branch;
(b)
the Royal Marines Police;
45
(c)
the Royal Military Police;
(d)
the Royal Air Force Police;

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(e)
the Ministry of Defence Police;
(f)
the National Criminal Intelligence Service;
(g)
the National Crime Squad;
(h)
the British Transport Police;
(i)
the Civil Nuclear Constabulary;
5
(j)
the States of Jersey Police Force;
(k)
the salaried police force of the Island of Guernsey;
(l)
the Isle of Man Constabulary;
(m)
a body with functions in any country or territory outside the
British Islands which correspond to those of a police force in
10
any part of the United Kingdom,

and any reference to the chief officer of a police force includes the
person responsible for the direction of a body mentioned in this
subsection.
(11)
For the purposes of this section each of the following must be treated as
15
if it were a police force—
(a)
the Commissioners for Her Majesty’s Revenue and Customs
(and for this purpose a reference to the chief officer of a police
force must be taken to be a reference to any one of the
Commissioners);
20
(b)
the Serious Organised Crime Agency (and for this purpose a
reference to the chief officer of a police force must be taken to be
a reference to the Director General of the Agency);
(c)
such other department or body as is prescribed (and regulations
may prescribe in relation to the department or body the person
25
to whom a reference to the chief officer is to be taken to be).
113C
Criminal record certificates: suitability relating to children
(1)
If an application under section 113A or 113B is accompanied by a
children’s suitability statement the criminal record certificate or
enhanced criminal record certificate (as the case may be) must also
30
state—
(a)
whether the applicant is included in a specified children’s list;
(b)
if he is included in such a list, such details of his inclusion as
may be prescribed;
(c)
whether he is subject to a specified children’s direction;
35
(d)
if he is subject to such a direction, the grounds on which it was
given and such details as may be prescribed of the
circumstances in which it was given.
(2)
A children’s suitability statement is a statement by the registered
person that the certificate is required for the purpose of considering—
40
(a)
the applicant’s suitability to be employed, supplied to work,
found work or given work in a position (whether paid or
unpaid) within subsection (5),
(b)
the applicant’s suitability to be a foster parent or to adopt a
child,
45
(c)
the applicant’s suitability to be a child’s special guardian for the
purposes of sections 14A and 14C of the Children Act 1989,
(d)
the applicant’s suitability to have a child placed with him by
virtue of section 70 of the Children (Scotland) Act 1995 or by

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virtue of section 5(2), (3) and (4) of the Social Work (Scotland)
Act 1968, or
(e)
the suitability of a person living in the same household as the
applicant to be a person mentioned in paragraph (b) or (c) or to
have a child placed with him as mentioned in paragraph (d).
5
(3)
Each of the following is a specified children’s list—
(a)
the list kept under section 1 of the Protection of Children Act
1999;
(b)
the list kept under section 1(1) of the Protection of Children
(Scotland) Act 2003;
10
(c)
the list kept under Article 3 of the Protection of Children and
Vulnerable Adults (Northern Ireland) Order 2003;
(d)
any list kept for the purposes of regulations under Article
70(2)(e) or 88A(2)(b) of the Education and Libraries (Northern
Ireland) Order 1986;
15
(e)
any such other list as the Secretary of State specifies by order if
he thinks that the list corresponds to a list specified in
paragraphs (a) to (c) and is kept in pursuance of a country or
territory outside the United Kingdom.
(4)
Each of the following is a specified children’s direction—
20
(a)
a direction under section 142 of the Education Act 2002;
(b)
anything which the Secretary of State specifies by order which
he thinks corresponds to such a direction and which is done for
the purposes of the law of Scotland or of Northern Ireland or of
a country or territory outside the United Kingdom.
25
(5)
A position falls within this subsection if it is any of the following—
(a)
a child care position within the meaning of the Protection of
Children Act 1999;
(b)
a child care position within the meaning of the Protection of
Children (Scotland) Act 2003;
30
(c)
a child care position within the meaning of Chapter 1 of Part 2
of the Protection of Children and Vulnerable Adults (Northern
Ireland) Order 2003;
(d)
a position, employment or further employment in which may
be prohibited or restricted by regulations under Article 70(2)(e)
35
or 88A(2)(b) of the Education and Libraries (Northern Ireland)
Order 1986;
(e)
a position which involves work to which section 142 of the
Education Act 2002 applies;
(f)
a position of such other description as may be prescribed.
40
(6)
An order under subsection (4)(b) may make such modifications of
subsection (1)(d) as the Secretary of State thinks necessary or expedient
in consequence of the order.
113D
Criminal record certificates: suitability relating to adults
(1)
If an application under section 113A or 113B is accompanied by an
45
adults’ suitability statement the criminal record certificate or enhanced
criminal record certificate (as the case may be) must also state—
(a)
whether the applicant is included in a specified adults’ list;

Serious Organised Crime and Police Bill
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(b)
if he is included in such a list, such details of his inclusion as
may be prescribed.
(2)
An adults’ suitability statement is a statement by the registered person
that the certificate is required for the purpose of considering the
applicant’s suitability to be employed, supplied to work, found work or
5
given work in a position (whether paid or unpaid) falling within
subsection (4).
(3)
Each of the following is a specified adults’ list—
(a)
the list kept under section 81 of the Care Standards Act 2000;
(b)
the list kept under Article 35 of the Protection of Children and
10
Vulnerable Adults (Northern Ireland) Order 2003;
(c)
any such other list as the Secretary of State specifies by order if
he thinks that the list corresponds to a list specified in
paragraph (a) or (b) and is kept in pursuance of the law of
Scotland or of a country or territory outside the United
15
Kingdom.
(4)
A position falls within this subsection if it is any of the following—
(a)
a care position within the meaning of Part 7 of the Care
Standards Act 2000;
(b)
a care position within the meaning of Part 3 of the Protection of
20
Children and Vulnerable Adults (Northern Ireland) Order 2003;
(c)
a position concerned with providing a care service (as defined
by section 2(1) of the Regulation of Care (Scotland) Act 2001);
(d)
a position of such other description as may be prescribed.
113E
Criminal record certificates: specified children’s and adults’ lists:
25
urgent cases
(1)
Subsection (2) applies to an application under section 113A or 113B if—
(a)
it is accompanied by a children’s suitability statement,
(b)
the registered person requests an urgent preliminary response,
and
30
(c)
the applicant pays in the prescribed manner such additional fee
as is prescribed in respect of the application.
(2)
The Secretary of State must notify the registered person—
(a)
if the applicant is not included in a specified children’s list, of
that fact;
35
(b)
if the applicant is included in such a list, of the details
prescribed for the purposes of section 113C(1)(b) above;
(c)
if the applicant is not subject to a specified children’s direction,
of that fact;
(d)
if the applicant is subject to such a direction, of the grounds on
40
which the direction was given and the details prescribed for the
purposes of section 113C(1)(d) above.
(3)
Subsection (4) applies to an application under section 113A or 113B if—
(a)
it is accompanied by an adults’ suitability statement,
(b)
the registered person requests an urgent preliminary response,
45
and
(c)
the applicant pays in the prescribed manner such additional fee
as is prescribed in respect of the application.

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(4)
The Secretary of State must notify the registered person either—
(a)
that the applicant is not included in a specified adults’ list, or
(b)
that a criminal record certificate or enhanced criminal record
certificate will be issued in due course.
(5)
In this section—
5
“criminal record certificate” has the same meaning as in section
113A;
“enhanced criminal record certificate” has the same meaning as in
section 113B;
“children’s suitability statement”, “specified children’s direction”
10
and “specified children’s list” have the same meaning as in
section 113C;
“adults’ suitability statement” and “specified adults’ list” have the
same meaning as in section 113D.
113F
Criminal record certificates: supplementary
15
(1)
References in sections 113C(2) and 113D(2) to considering the
applicant’s suitability to be employed, supplied to work, found work or
given work in a position falling within section 113C(5) or 113D(4)
include references to considering—
(a)
for the purposes of Part 10A of the Children Act 1989 (child
20
minding and day care in England and Wales), the applicant’s
suitability to look after or be in regular contact with children
under the age of eight;
(b)
for the purposes of that Part of that Act, in the case of an
applicant for or holder of a certificate under section 79W of that
25
Act, or a person prescribed under subsection (4) of that section,
his suitability to look after children within the meaning of that
section;
(c)
the applicant’s suitability to be registered for child minding or
providing day care under section 71 of the Children Act 1989 or
30
Article 118 of the Children (Northern Ireland) Order 1995 (child
minding and day care);
(d)
for the purposes of section 3 of the Teaching and Higher
Education Act 1998 (registration of teachers with the General
Teaching Council for England or the General Teaching Council
35
for Wales) or of section 6 of the Teaching Council (Scotland) Act
1965 (registration of teachers with the General Teaching
Council for Scotland), the applicant’s suitability to be a teacher;
(e)
the applicant’s suitability to be registered under Part 2 of the
Care Standards Act 2000 (establishments and agencies);
40
(f)
the applicant’s suitability to be registered under Part 4 of that
Act (social care workers);
(g)
the applicant’s suitability to be registered under Part 1 of the
Regulation of Care (Scotland) Act 2001 (applications by persons
seeking to provide a care service);
45
(h)
the applicant’s suitability to be registered under Part 3 of that
Act (social workers and other social service workers);
(i)
the applicant’s application to have a care service, consisting of
the provision of child minding or the day care of children,
registered under Part 1 of that Act (care services);
50