Part I The National Criminal Intelligence Service

The Service Authority

^F11 The Service Authority for the National Criminal Intelligence Service.

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Functions

^F12 General functions of the NCIS Service Authority and NCIS.

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^F13 Objectives.

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^F14 Service plans.

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^F15 Annual reports.

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Director General and other members

^F16 Appointment of Director General.

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^F17 Removal of Director General by the Authority.

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^F18 Deputy Director General.

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^F19 Members of NCIS.

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^F19A Removal of certain members appointed under section 9

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Functions of Director General

^F110 General function of Director General.

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^F111 Reports by Director General to the Authority.

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^F112 Responsibility for co-ordination of police and Security Service activities.

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Service Authority’s officers and employees

^F113 Officers and employees.

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^F114 Appointment of clerk.

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^F115 Appointment of persons not employed by the NCIS Service Authority.

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Financial provisions

^F116 NCIS service fund.

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^F116A Budget statement

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^F117 Grants from the Secretary of State

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^F117A Provision supplemental to section 17

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^F118 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F118A Financing by the Scottish Ministers

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^F119 Charges.

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^F120 Acceptance of gifts and loans.

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^F121 Pensions and gratuities.

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^F121A Accounts

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General provisions

^F122 Collaboration agreements.

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^F123 Aid by and for NCIS.

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^F124 Provision of special services.

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Central supervision and direction

^F125 General duty of the Secretary of State and the Scottish Ministers

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^F126 Setting of objectives.

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^F127 Setting of performance targets.

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^F128 Codes of practice.

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^F128A Codes of practice for Director General of NCIS

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^F129 Removal of Director General etc.

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^F130 Power to give directions to NCIS Service Authority

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^F131 Reports from NCIS Service Authority.

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^F131A Power to give directions as to action plans

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^F131B Procedure for giving directions by the Secretary of State

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^F131C Procedure for giving directions by the Scottish Ministers

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^F132 Reports from Director General.

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^F133 Criminal statistics.

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^F134 Inquiries.

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^F134A Regulations for NCIS

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^F135 Regulations as to standard of equipment.

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^F136 Common services.

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Discipline and complaints

^F137 Discipline regulations.

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^F138 Appeals.

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^F139 Complaints.

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^F140 Information as to the manner of dealing with complaints etc.

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Miscellaneous

^F141 Arrangements for consultation.

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^F142 Liability for wrongful acts of constables etc.

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^F143 Causing disaffection.

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^F144 Orders governing NCIS Service Authority.

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General

^F145 Orders and regulations.

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^F146 Interpretation of Part I.

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Part II The National Crime Squad _cross-notes

The Service Authority

^F147 The Service Authority for the National Crime Squad.

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Functions

^F148 General functions of the NCS Service Authority and the National Crime Squad.

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^F149 Objectives.

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^F150 Service plans.

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^F151 Annual reports.

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Director General and other members

^F152 Appointment of Director General.

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^F153 Removal of Director General by the Authority.

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^F154 Deputy Director General.

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^F155 Members of the National Crime Squad.

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^F155A Removal of certain members appointed under section 55

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Functions of Director General

^F156 General function of Director General.

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^F157 Reports by Director General to the Authority.

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Service Authority’s officers and employees

^F158 Officers and employees.

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^F159 Appointment of clerk.

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^F160 Appointment of persons not employed by the NCS Service Authority.

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Financial provisions

^F161 NCS service fund.

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^F161A Budget statement

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^F162 Grants from the Secretary of State

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^F162A Provision supplemental to section 62

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^F163 Initial financing of NCS Service Authority.

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^F164 Charges.

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^F165 Acceptance of gifts and loans.

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^F166 Pensions and gratuities.

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^F166A Accounts

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^F167 Revenue accounts and capital finance.

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^F168 Financial administration.

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Special services

^F169 Provision of special services.

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Central supervision and direction

^F170 General duty of Secretary of State.

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^F171 Setting of objectives.

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^F172 Setting of performance targets.

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^F173 Codes of practice.

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^F173A Codes of practice for Director General of NCS

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^F174 Removal of Director General etc.

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^F175 Power to give directions to NCS Service Authority

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^F176 Reports from NCS Service Authority.

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^F176A Power to give directions as to action plans

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^F176B Procedure for giving directions under sections 75 and 76A

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^F177 Reports from Director General.

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^F178 Criminal statistics.

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^F179 Inquiries.

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^F179A Regulations for NCS

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^F180 Regulations as to standard of equipment.

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^F180A Regulation of procedures and practices

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Discipline and complaints

^F181 Discipline regulations.

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^F182 Appeals.

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^F183 Complaints.

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^F184 Information as to the manner of dealing with complaints etc.

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Miscellaneous

^F185 Arrangements for consultation.

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^F186 Liability for wrongful acts of constables etc.

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^F187 Causing disaffection.

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88 Application to NCS Service Authority of local authority enactments. _I2

Schedule 6 (which amends local authority enactments applying to police authorities so as to apply those enactments in a similar way to the NCS Service Authority) shall have effect.

General

^F289 Orders and regulations.

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^F390 Interpretation of Part II.

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Part III Authorisation of Action in Respect of Property _cross-notes

The Commissioners

^F491 The Commissioners.

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Authorisations

92 Effect of authorisation under Part III.

No entry on or interference with property or with wireless telegraphy shall be unlawful if it is authorised by an authorisation having effect under this Part.

93 Authorisations to interfere with property etc. _cross-notes

(1)Where subsection (2) applies, an authorising officer may authorise—

(a)the taking of such action, in respect of such property in the relevant area, as he may specify,

[^F5 (ab)the taking of such action falling within subsection (1A), in respect of property outside the relevant area, as he may specify, or^F5]

(b)the taking of such action in the relevant area as he may specify, in respect of wireless telegraphy.

[^F6 (1A)The action falling within this subsection is action for maintaining or retrieving any equipment, apparatus or device the placing or use of which in the relevant area has been authorised under this Part [^F7 or the Investigatory Powers Act 2016^F7] or Part II of the Regulation of Investigatory Powers Act 2000 or under any enactment contained in or made under an Act of the Scottish Parliament which makes provision equivalent to that made by Part II of that Act of 2000.

(1B)Subsection (1) applies where the authorising officer is a [^F8 National Crime Agency officer^F8] [^F9 giving an authorisation on an application made by virtue of subsection (3)(b)(i)^F9] , [^F10 an officer of Revenue and Customs^F10] [^F11 , an immigration officer^F11] [^F12 or the chair of the Competition and Markets Authority^F12] with the omission of—

(a) the words “ in the relevant area ”, in each place where they occur; and

(b)paragraph (ab).^F6]

(2)This subsection applies where the authorising officer believes—

(a)that it is necessary for the action specified to be taken [^F13for the purpose of preventing or detecting^F13][^F14 —

(i)serious crime, or

(ii)the use of an unmanned aircraft in the commission of a relevant offence^F14] , and

[^F15 (b)that the taking of the action is proportionate to what the action seeks to achieve.^F15]

[^F16 (2A)Subsection (2) applies where the authorising officer is the Chief Constable or the Deputy Chief Constable of the [^F17 Police Service of Northern Ireland^F17] as if the reference in subsection (2)(a) to preventing or detecting serious crime included a reference to the interests of national security.

[^F18 (2AA)Where the authorising officer is the [^F19 chair of the Competition and Markets Authority^F19] , the only purpose falling within subsection (2)(a) is the purpose of preventing or detecting an offence under section 188 of the Enterprise Act 2002.^F18]

[^F20 (2AB)Where the authorising officer is the Chief Constable of the Civil Nuclear Constabulary, the only purpose falling within subsection (2)(a) is the purpose of preventing or detecting the use of an unmanned aircraft in the commission of a relevant offence.^F20]

[^F21 (2AC)In the case of an England and Wales prison authorisation, the only purpose falling within subsection (2)(a) is the purpose of preventing or detecting the use of an unmanned aircraft in the commission of a relevant offence.^F21]

[^F22 (2AD)In the case of a Northern Ireland prison authorisation, the only purpose falling within subsection (2)(a) is the purpose of preventing or detecting the use of an unmanned aircraft in the commission of a relevant offence.^F22]

[^F23 (2AE)In the case of a Scottish penal institution authorisation, the only purpose falling within subsection (2)(a) is the purpose of preventing or detecting the use of an unmanned aircraft in the commission of a relevant offence.^F23]

(2B)The matters to be taken into account in considering whether the requirements of subsection (2) are satisfied in the case of any authorisation shall include whether what it is thought necessary to achieve by the authorised action could reasonably be achieved by other means.^F16]

(3)An authorising officer shall not give an authorisation under this section except on an application made—

[^F24 (za)if the authorising officer is within subsection (5)(a) to (c)—

(i)by a member of the officer's police force; ^F25...

(ii) in a case where the chief officer of police of that force (“the authorising force”) has made an agreement under [^F26 section 22A ^F26] of the Police Act 1996 with the chief officer of police of one or more other police forces, by a member of a collaborative force; [^F27 or

(iii)in a case where the chief officer of police of the authorising force has made an agreement under that section with the Director General of the National Crime Agency, by a National Crime Agency officer (but see subsection (3AA));^F27,F24]]

[^F28 (zb)if the authorising officer is within subsection (5)(d), by a constable of the Police Service of Scotland;^F28]

(a)if the authorising officer is within [^F29subsection^F29][^F30 (5)(e),^F30][^F31 (ea) or (ee)^F31] , by a member of his police force,

[^F32 (aa)if the authorising officer is within subsection (5)(eb) to (ed), by a member, as the case may be, of the [^F33 Royal Navy Police^F33] , the Royal Military Police or the Royal Air Force Police;^F32]

[^F34 (aaa)if the authorising officer is within subsection (5)(eda), by a member of the tri-service serious crime unit;^F34]

[^F35 (aab) if the authorising officer is within subsection (5)(edb), by the investigating officer designated to take charge of the investigation under regulation 36(2)(a) of the Service Police (Complaints etc.) Regulations 2023 or a person designated under paragraph (2)(b) of that regulation to assist the person designated under sub-paragraph (a);^F35]

[^F36 (ab)if the authorising officer is within subsection (5)(ef), by a member of the Civil Nuclear Constabulary;^F36]

[^F37 (b)if the authorising officer is within [^F38 subsection (5)(f)—

(i)by^F38] a [^F39 National Crime Agency officer^F39] , [^F40 or

(ii)in a case where the Director General of the National Crime Agency has made an agreement under section 22A of the Police Act 1996 with the chief officer of police of one or more police forces, by a member of a collaborative force;^F40,F37]]

(d)if the authorising officer is within subsection (5)(h), by [^F41an officer of Revenue and Customs^F41][^F42 , ^F43...

[^F44 (da)if the authorising officer is within subsection (5)(ha), by an immigration officer;^F44]

[^F45 (db)in the case of an England and Wales prison authorisation, by—

(i)a prison officer,

(ii)an officer of a young offender institution,

(iii)an officer of a secure training centre, or

(iv)an officer of a secure college,

whose duties as such an officer are exercisable in relation to the relevant England and Wales institution (and, where that institution is a contracted out institution, such an officer who is temporarily attached to that institution is to be taken to have duties exercisable in relation to it);^F45]

[^F46 (dc)in the case of a Northern Ireland prison authorisation, by—

(i)a prison officer, or

(ii)a member of custodial staff for a juvenile justice centre,

whose duties as such an officer or member of staff are exercisable in relation to the relevant Northern Ireland institution;^F46]

[^F47 (dd)in the case of a Scottish penal institution authorisation, by a Scottish prison officer whose duties as such an officer are exercisable in relation to the relevant Scottish penal institution (and, where that institution is a contracted out Scottish penal institution, a Scottish prison officer who is temporarily attached to that institution is to be taken to have duties exercisable in relation to it);^F47]

(e)if the authorising officer is within subsection (5)(i), by an officer of the [^F48 Competition and Markets Authority^F48] .^F42]

[^F49 (ea)if the authorising officer is within subsection (5)(ia), by a staff officer of the Police Investigations and Review Commissioner.^F49]

^F50(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F51 (3A)For the purposes of subsection (3)(za)(ii)—

(a)a police force is a collaborative force if—

(i)its chief officer of police is a party to the agreement mentioned in that provision; and

(ii)its members are permitted by the terms of the agreement to make applications for authorisations under this section to the authorising officer of the authorising force; and

(b)a reference to a police force is to the following—

(i)any police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London);

(ii)the metropolitan police force; and

(iii)the City of London police force.^F51]

[^F52 (3AA)A National Crime Agency officer may make an application by virtue of subsection (3)(za)(iii) only if permitted by the terms of the agreement mentioned in that provision to make applications for authorisations under this section to the authorising officer of the authorising force.

(3AB)For the purposes of subsection (3)(b), a police force?is a collaborative force if—

(a)its chief officer of police is a party to the agreement mentioned in that provision, and

(b)its members are permitted by the terms of the agreement to make applications for authorisations under this section to the authorising officer mentioned in that provision.

Paragraph (b) of subsection (3A) applies for the purposes of this subsection.^F52]

[^F53 (3ZA)An authorisation under this section may be given by the authorising officer within subsection (5)(ia) only where it relates to the taking of action in pursuance of paragraph (b)(i) of section 33A of the Police, Public Order and Criminal Justice (Scotland) Act 2006.^F53]

[^F54 (3ZB)An authorisation under this section may be given by the authorising officer within subsection (5)(edb) only where it relates to the carrying out of the functions of the Service Police Complaints Commissioner.^F54]

^F55(3B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F55(3C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F55(3D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F55(3E). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)For the purposes of subsection (2), conduct which constitutes one or more offences shall be regarded as serious crime if, and only if,—

(a)it involves the use of violence, results in substantial financial gain or is conduct by a large number of persons in pursuit of a common purpose, or

(b)the offence or one of the offences is an offence for which a person who has attained the age of twenty-one and has no previous convictions could reasonably be expected to be sentenced to imprisonment for a term of three years or more,

^M1and, where the authorising officer is within subsection (5)(h), [^F56the conduct^F56] relates to an assigned matter within the meaning of section 1(1) of the Customs and Excise Management Act 1979[^F57 or, where the authorising officer is within subsection (5)(ha), any of the offences is an immigration or nationality offence^F57] .

[^F58 (4A) For the purposes of subsection (2), “ relevant offence ” means—

(a)an offence under any of these provisions of the Prison Act 1952—

(i)section 39 (assisting a prisoner to escape);

(ii)section 40B (conveyance etc of List A articles into or out of prison);

(iii)section 40C (conveyance etc of List B or C articles into or out of prison);

(iv)section 40CB (throwing articles into prison);

(b)an offence under any of these provisions of the Prison Act (Northern Ireland) 1953—

(i)section 29(1) (assisting escape from lawful custody);

(ii)section 33 (facilitating escape by conveying things into prison);

(iii)section 34A (conveyance etc of List A articles into or out of prison);

(iv)section 34B (conveyance etc of List B or C articles into or out of prison);

(c)an offence at common law in Scotland committed by assisting a prisoner in a penal institution in Scotland in escaping or attempting to escape from the institution;

(d)an offence at common law in Scotland committed by, intending to facilitate the escape of a prisoner from a penal institution in Scotland, doing any of the following things—

(i)bringing, throwing or otherwise conveying anything into the institution;

(ii)causing another person to bring, throw or otherwise convey anything into the institution;

(iii)giving anything to a prisoner or leaving anything in any place (whether inside or outside the institution);

(e)an offence under either of these provisions of the Prisons (Scotland) Act 1989—

(i)section 41 (unlawful introduction of proscribed articles into a prison);

(ii)section 41ZA (provision to and use by prisoners of personal communication devices);

(f)an offence under section 1(2) of the Aviation and Maritime Security Act 1990 (endangering safety at aerodromes);

(g)an offence under any of these provisions of the Air Navigation Order 2016—

(i)article 94A (certain unmanned aircraft: permission for flights over or near aerodromes);

(ii)article 239(4) (prohibited or restricted flying);

(iii)article 240 (endangering safety of an aircraft);

(iv)article 241 (endangering safety of any person or property);

(v)article 265A(2) (various requirements under the Unmanned Aircraft Implementing Regulation relating to UAS operators);

(vi)article 265B(2) (various requirements under the Unmanned Aircraft Implementing Regulation relating to remote pilots);

(h)an offence under article 265B(3) of the Air Navigation Order 2016 committed by the contravention of a relevant requirement set out or referred to in any of the following provisions of that Order—

(i)article 265B(5)(a), (h), (i) or (j);

(ii)article 265B(6);

(iii)article 265B(7)(e), but only insofar as that requirement (to comply with authorised limitations and conditions) regulates the operation of an unmanned aircraft during flight;

(iv)article 265B(7)(f), (g) or (i);

(v)article 265B(8), but only insofar as that requirement (conditions under which operations in the framework of the model aircraft clubs or associations may be conducted) regulates the operation of an unmanned aircraft during flight.

[^F59 (i)an offence under any of these provisions of the National Security Act 2023—

(i)section 4 (entering etc a prohibited place for a purpose prejudicial to the UK);

(ii)section 5 (unauthorised entry etc to a prohibited place);

(iii)section 11(4) (failure to comply with an order in relation to a cordoned area).^F59]

(4B)The Secretary of State may by regulations made by statutory instrument amend subsection (4A) to add or remove an offence.

(4C)The Secretary of State may not make regulations under subsection (4B) unless a draft of the statutory instrument containing the regulations has been laid before Parliament and approved by a resolution of each House of Parliament.^F58]

(5) In this section “ authorising officer ” means—

(a)^M2the chief constable of a police force maintained under section 2 of the Police Act 1996 (maintenance of police forces for areas in England and Wales except London);

(b)the Commissioner, or an Assistant Commissioner, of Police of the Metropolis;

(c)the Commissioner of Police for the City of London;

[^F60 (d)the chief constable of the Police Service of Scotland, or any deputy chief constable or assistant chief constable of the Police Service of Scotland who is designated for the purposes of this paragraph by the chief constable;^F60]

(e)the Chief Constable or a Deputy Chief Constable of the [^F17Police Service of Northern Ireland^F17] ;

[^F61 (ea)the Chief Constable of the Ministry of Defence Police;

(eb)the Provost Marshal of the [^F62 Royal Navy Police^F62] ;

(ec)the Provost Marshal of the Royal Military Police;

(ed)the Provost Marshal of the Royal Air Force Police;

[^F63 (eda)the Provost Marshal for serious crime;^F63]

[^F64 (edb)the Service Police Complaints Commissioner;^F64]

(ee)the Chief Constable of the ^F65British Transport Police;^F61]

[^F66 (ef)the Chief Constable of the Civil Nuclear Constabulary;^F66]

[^F67 (f)the Director General of the National Crime Agency, or any other National Crime Agency officer who is designated for the purposes of this paragraph by that Director General;^F67]

[^F68 (h)^F69an officer of Revenue and Customs who is a senior official within the meaning of the Regulation of Investigatory Powers Act 2000 and who is designated for the purposes of this paragraph by the Commissioners for Her Majesty's Revenue and Customs;^F68] ...

[^F70 (ha)an immigration officer who is a senior official within the meaning of the Regulation of Investigatory Powers Act 2000 and who is designated for the purposes of this paragraph by the Secretary of State;^F70]

[^F71 (hb)a member of senior management for prisons in England and Wales—

(i)whose duties as a member of senior management for prisons in England and Wales are exercisable in relation to the relevant England and Wales institution, and

(ii)who is designated for the purposes of this paragraph by the Secretary of State;^F71]

[^F72 (hc)a member of senior management for prisons in Northern Ireland whose duties as a member of senior management for prisons in Northern Ireland are exercisable in relation to the relevant Northern Ireland institution;^F72]

[^F73 (hd)a member of senior management for penal institutions in Scotland—

(i)whose duties as a member of senior management for penal institutions in Scotland are exercisable in relation to the relevant Scottish penal institution, and

(ii)who is designated for the purposes of this paragraph by the Scottish Ministers;^F73]

[^F74 (i) the [^F75 chair of the Competition and Markets Authority^F75] .^F74]

[^F76 (ia)the Police Investigations and Review Commissioner.^F76]

^F77(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In this section “ relevant area ”—

(a)in relation to a person within paragraph (a), (b) or (c) of subsection (5) [^F78to whom an application is made by virtue of subsection (3)(za)(i)^F78] , means the area in England and Wales for which his police force is maintained;

[^F79 (aa)in relation to a person within any of those paragraphs to whom an application is made by virtue of subsection (3)(za)(ii), means the area in England and Wales—

(i)for which any collaborative force (within the meaning of subsection (3A)) is maintained; and

(ii)which is specified in relation to members of that force in the agreement mentioned in subsection (3)(za)(ii);^F79]

[^F80 (ab)in relation to a person within any of those paragraphs to whom an application is made by virtue of subsection (3)(za)(iii), means the area in England and Wales for which—

(i)the person's police force is maintained, or

(ii)any other police force whose chief officer of police is a party to the agreement mentioned in subsection (3)(za)(iii) is maintained,

and which is specified in relation to NCA officers in the agreement mentioned in that provision;^F80]

(b)in relation to a person within paragraph (d) [^F81or (ia) of subsection (5), means Scotland^F81] ;

(c)in relation to a person within paragraph (e) of that subsection, means Northern Ireland;

[^F82 (ca)in relation to a person within paragraph (ea), means any place where, under section 2 of the ^M3Ministry of Defence Police Act 1987, the members of the Ministry of Defence Police have the powers and privileges of a constable;

(cb)in relation to a person within paragraph (ee), means the United Kingdom;^F82]

[^F83 (cbza)in relation to a person within subsection (5)(ef), means any place where, under section 56 of the Energy Act 2004, the members of the Civil Nuclear Constabulary have the powers and privileges of a constable;^F83]

[^F84 (cba)in relation to a person within subsection (5)(f) to whom an application is made by virtue of subsection (3)(b)(ii), means the area in England and Wales—

(i)for which any collaborative force (within the meaning of subsection (3AB)) is maintained, and

(ii)which is specified in relation to members of that force in the agreement mentioned in subsection (3)(b)(ii);^F84]

[^F85 (cbb)in relation to an England and Wales prison authorisation, means the area of—

(i)a prison in England or Wales,

(ii)a young offender institution in England or Wales,

(iii)a secure training centre in England or Wales, or

(iv)a secure college in England or Wales,

together with such area or areas adjoining the boundary of that prison, institution, centre or college as the authorising officer considers it necessary and proportionate for the authorisation to relate to;^F85]

[^F86 (cbc)in relation to a Northern Ireland prison authorisation, means the area of—

(i)a prison in Northern Ireland,

(ii)a young offenders centre in Northern Ireland,

(iii)a remand centre in Northern Ireland, or

(iv)a juvenile justice centre in Northern Ireland,

together with such area or areas adjoining the boundary of that prison or centre as the authorising officer considers it necessary and proportionate for the authorisation to relate to;^F86]

[^F87 (cbd)in relation to a Scottish penal institution authorisation, means the area of a penal institution in Scotland together with such area or areas adjoining the boundary of that institution as the authorising officer considers it necessary or proportionate for the authorisation to relate to;^F87]

^F88(cc). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F89(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F90(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F91(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and in each case includes the adjacent United Kingdom waters.

[^F92 (6A)For the purposes of any authorisation by a person within paragraph (eb), (ec) , (ed) [^F93 , (eda) or (edb)^F93] of subsection (5) property is in the relevant area or action in respect of wireless telegraphy is taken in the relevant area if, as the case may be—

(a)the property is owned, occupied, in the possession of or being used by a person [^F94 who is subject to service law or is a civilian subject to service discipline^F94] ; or

(b)the action is taken in relation to the use of wireless telegraphy by such a person.

[^F95 (6B) In subsection (6A) “ subject to service law ” and “ civilian subject to service discipline ” have the same meanings as in the Armed Forces Act 2006 . ^F95,F92]]

[^F96 (6C)For the purposes of this section, an offence is an immigration or nationality offence if conduct constituting the offence—

(a)relates to the entitlement of one or more persons who are not nationals of the United Kingdom to enter, transit across, or be in, the United Kingdom (including conduct which relates to conditions or other controls on any such entitlement), or

(b)is undertaken for the purposes of, or otherwise in relation to, any of these enactments—

(i)the British Nationality Act 1981;

(ii)the Hong Kong Act 1985;

(iii)the Hong Kong (War Wives and Widows) Act 1996;

(iv)the British Nationality (Hong Kong) Act 1997;

(v)the British Overseas Territories Act 2002;

(vi)an instrument made under any of those Acts.^F96]

(7)The powers conferred by, or by virtue of, this section are additional to any other powers which a person has as a constable either at common law or under or by virtue of any other enactment and are not to be taken to affect any of those other powers.

[^F97 (8)In this section—

• “ England and Wales prison authorisation ” means an authorisation where the authorising officer is within subsection (5)(hb);

• “ contracted out institution ” means—

  (a)

  a prison or young offender institution that is a contracted out prison within the meaning of Part 4 of the Criminal Justice Act 1991 (see section 84(4) of that Act and the definition of “prison” in section 92(1) of that Act ),

  (b)

  a contracted out secure training centre within the meaning of sections 7 to 14 of the Criminal Justice and Public Order Act 1994 (see section 15 of that Act), or

  (c)

  a contracted-out secure college within the meaning of Schedule 10 to the Criminal Justice and Courts Act 2015 (see paragraph 1 of that Schedule);

• “ contracted out Scottish penal institution ” means a penal institution for the running of which a contract under section 106 of the Criminal Justice and Public Order Act 1994 is for the time being in force;

• “ member of custodial staff for a juvenile justice centre ” means a person who is authorised by the managers of a juvenile justice centre to take charge of a person detained by them;

• “ member of senior management for penal institutions in Scotland ” means a person—

  (a)

  who is a member of staff of the Scottish Administration of a seniority designated for the purposes of this section by the Scottish Ministers, and

  (b)

  whose duties are exercisable in relation to penal institutions in Scotland generally, or any type of such institutions;

• “ member of senior management for prisons in England and Wales ” means a person—

  (a)

  who is a senior official within the meaning of the Regulation of Investigatory Powers Act 2000, and

  (b)

  whose duties as a senior official are exercisable in relation to prisons, young offender institutions, secure training centres or secure colleges in England and Wales;

• “ member of senior management for prisons in Northern Ireland ” means a person—

  (a)

  who is a senior official within the meaning of the Regulation of Investigatory Powers Act 2000, and

  (b)

  whose duties as a senior official are exercisable in relation to prisons, young offenders centres, remand centres or juvenile justice centres in Northern Ireland;

• “ Northern Ireland prison authorisation ” means an authorisation where the authorising officer is within subsection (5)(hc);

• “ Northern Ireland prison officer ” means a person appointed under section 2(2) of the Prison Act (Northern Ireland) 1953 (including any person whose duties are exercisable in relation to a young offenders centre or remand centre in Northern Ireland);

• “ penal institution ” has the meaning given by section 108 of the Criminal Justice (Scotland) Act 2016 ;

• “ prison ”, in relation to Northern Ireland, has the meaning given in section 47(1A) of the Prison Act (Northern Ireland) 1953 ;

• “ prisoner ”, in relation to a penal institution, means a person who is detained or imprisoned in such an institution;

• “ relevant England and Wales institution ”, in relation to an England and Wales prison authorisation, means the prison, young offender institution, secure training centre or secure college in England and Wales to which the authorisation relates;

• “ relevant Northern Ireland institution ”, in relation to a Northern Ireland prison authorisation, means the prison, young offenders centre, remand centre or juvenile justice centre in Northern Ireland to which the authorisation relates;

• “ relevant Scottish penal institution ”, in relation to a Scottish penal institution authorisation, means the penal institution in Scotland to which the authorisation relates;

• “ Scottish penal institution authorisation ” means an authorisation where the authorising officer is within subsection (5)(hd);

• “ Scottish prison officer ” means a person who holds a post, otherwise than as a medical officer, to which the person has been appointed for the purposes of section 3(1A) of the Prisons (Scotland) Act 1989 ;

• “ unmanned aircraft ” means any aircraft operating or designed to operate autonomously or to be piloted remotely without a pilot on board. ^F97]

94 Authorisations given in absence of authorising officer. _cross-notes

(1)Subsection (2) applies where it is not reasonably practicable for an authorising officer to consider an application for an authorisation under section 93 and—

(a)^F99,F100if the authorising officer is within paragraph (b) [^F98 , (e) or (f)^F98] of section 93(5), it is also not reasonably practicable for the application to be considered by any of the other persons within the paragraph concerned; . . . ...

(b)^F102if the authorising officer is within paragraph (a) [^F101or (c)^F101] of section 93(5), it is also not reasonably practicable for the application to be considered by his designated deputy ...

[^F103 (ba)in the case of an England and Wales prison authorisation, it is also not reasonably practicable for the application to be considered by the authorising officer's designated deputy;^F103]

[^F104 (bb)in the case of a Northern Ireland prison authorisation, it is also not reasonably practicable for the application to be considered by the authorising officer's designated deputy; or^F104]

[^F105 (bc)in the case of a Scottish penal institution authorisation, it is also not reasonably practicable for the application to be considered by the authorising officer's designated deputy.^F105]

^F102(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Where this subsection applies, the powers conferred on the authorising officer by section 93 may, in an urgent case, be exercised—

(a)where the authorising officer is within paragraph (a) [^F106or (d)^F106] of subsection (5) of that section, by a person holding the rank of assistant chief constable in his force;

(b)where the authorising officer is within paragraph (b) of that subsection, by a person holding the rank of commander in the metropolitan police force;

(c)where the authorising officer is within paragraph (c) of that subsection, by a person holding the rank of commander in the City of London police force;

(d)where the authorising officer is within paragraph (e) of that subsection, by a person holding the rank of assistant chief constable in the [^F107Police Service of Northern Ireland^F107] ;

[^F108 (da)where the authorising officer is within paragraph (ea) of that subsection, by a person holding the rank of deputy or assistant chief constable in the Ministry of Defence Police;

(db)where the authorising officer is within paragraph (eb) of that subsection, by a person holding the position of assistant Provost Marshal in the [^F109 Royal Navy Police^F109] ;

(dc)where the authorising officer is within paragraph (ec) or (ed) of that subsection, by a person holding the position of deputy Provost Marshal in the Royal Military Police or, as the case may be, in the Royal Air Force Police;

[^F110 (dca)where the authorising officer is within paragraph (eda) of that subsection, by a person holding the position of deputy Provost Marshal in the tri-service serious crime unit;^F110]

[^F111 (dcb)where the authorising officer is within paragraph (edb) of that subsection, by a person designated by the Service Police Complaints Commissioner for the purposes of this section;^F111]

(dd)where the authorising officer is within paragraph (ee) of that subsection, by a person holding the rank of deputy or assistant chief constable in the ^F112British Transport Police;^F108]

[^F113 (de)where the authorising officer is within paragraph (ef) of that subsection, by a person holding the rank of deputy or assistant chief constable in the Civil Nuclear Constabulary;^F113]

[^F114 (e)where the authorising officer is within paragraph (f) of that subsection, by a person designated for the purposes of this section by the [^F115 Director General of the National Crime Agency^F115] ;^F114]

(f)where the authorising officer is within paragraph (h) of that subsection, [^F116by an officer of Revenue and Customs who is a senior official within the meaning of the Regulation of Investigatory Powers Act 2000 and who is designated by the Commissioners for Her Majesty's Revenue and Customs^F116] for the purposes of this section.

[^F117 (fa)where the authorising officer is within paragraph (ha) of that subsection, by a senior official (within the meaning of the Regulation of Investigatory Powers Act 2000) in the department of the Secretary of State by whom functions relating to immigration are exercisable who is designated by the Secretary of State for the purposes of this section;^F117]

[^F118 (fb)in the case of an England and Wales prison authorisation, by a person—

(i)who is a member of the civil service (within the meaning of Chapter 1 of Part 1 of the Constitutional Reform and Governance Act 2010 — see section 1(4) of that Act),

(ii)whose duties are exercisable in relation to the relevant England and Wales institution, and

(iii)who is designated for the purposes of this paragraph by the Secretary of State;^F118]

[^F119 (fc)in the case of a Northern Ireland prison authorisation, by a person—

(i)who is a member of the Northern Ireland Civil Service,

(ii)whose duties are exercisable in relation to the relevant Northern Ireland institution, and

(iii)who is designated for the purposes of this paragraph by the Department of Justice in Northern Ireland;^F119]

[^F120 (fd)in the case of a Scottish penal institution authorisation, by a person—

(i)who is a member of staff of the Scottish Administration,

(ii)whose duties are exercisable in relation to the relevant Scottish penal institution, and

(iii)who is designated for the purposes of this paragraph by the Scottish Ministers;^F120]

[^F121 (g)where the authorising officer is within paragraph (i) of that subsection, by an officer of the [^F122 Competition and Markets Authority^F122] designated by it for the purposes of this section.^F121]

[^F123 (ga)where the authorising officer is within paragraph (ia) of that subsection, by a staff officer of the Police Investigations and Review Commissioner who is designated by the Commissioner for the purposes of this section.^F123]

^F124(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F125(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In subsection (1), “ designated deputy ”—

[^F126 (a)in the case of an authorising officer within paragraph (a) of section 93(5), means—

(i)the person who is the appropriate deputy chief constable for the purposes of section 12A(1) of the Police Act 1996, or

(ii)the person holding the rank of assistant chief constable designated to act under section 12A(2) of that Act;^F126]

^F127(aa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)^F128,M4,F129in the case of an authorising officer within paragraph (c) of section 93(5), means the person authorised to act . . . under section 25 of the City of London Police Act 1839; . . .

[^F130 (ba)in the case of an England and Wales prison authorisation, a member of senior management for prisons in England and Wales who is designated for the purposes of this paragraph by the Secretary of State;^F130]

[^F131 (bb)in the case of a Northern Ireland prison authorisation, a member of senior management for prisons in Northern Ireland who is designated for the purposes of this paragraph by the Department of Justice in Northern Ireland;^F131]

[^F132 (bc)in the case of a Scottish penal institution authorisation, a member of senior management for penal institutions in Scotland who is designated for the purpose of this paragraph by the Scottish Ministers.^F132]

^F133(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F134 (4A) In this section “ England and Wales prison authorisation ”, “ member of senior management for prisons in England and Wales ” and “ relevant England and Wales institution ” have the same meanings as in section 93. ^F134]

[^F135 (4B) In this section “ member of senior management for prisons in Northern Ireland ”, “ Northern Ireland prison authorisation ” and “ relevant Northern Ireland institution ” have the same meanings as in section 93. ^F135]

[^F136 (4C) In this section, “ member of senior management for penal institutions in Scotland ”, “ Scottish penal institution authorisation ” and “ relevant Scottish penal institution ” have the same meanings as in section 93. ^F136]

^F137(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F137(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F137(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

95 Authorisations: form and duration etc.

(1)An authorisation shall be in writing, except that in an urgent case an authorisation (other than one given by virtue of section 94) may be given orally.

(2)An authorisation shall, unless renewed under subsection (3), cease to have effect—

(a)if given orally or by virtue of section 94, at the end of the period of 72 hours beginning with the time when it took effect;

(b)in any other case, at the end of the period of three months beginning with the day on which it took effect.

(3)If at any time before an authorisation would cease to have effect the authorising officer who gave the authorisation, or in whose absence it was given, considers it necessary for the authorisation to continue to have effect for the purpose for which it was issued, he may, in writing, renew it for a period of three months beginning with the day on which it would cease to have effect.

(4)A person shall cancel an authorisation given by him if satisfied that [^F138the authorisation is one in relation to which the requirements of paragraphs (a) and (b) of section 93(2) are no longer satisfied.^F138]

(5)An authorising officer shall cancel an authorisation given in his absence if satisfied that [^F138the authorisation is one in relation to which the requirements of paragraphs (a) and (b) of section 93(2) are no longer satisfied^F138] .

(6)If the authorising officer who gave the authorisation is within paragraph (b) [[^F139,F140 , (d), (e)^F140] [^F141 or (f)^F141,F139]] of section 93(5), the power conferred on that person by subsections (3) and (4) above shall also be exercisable by each of the other persons within the paragraph concerned.

(7)Nothing in this section shall prevent a designated deputy from exercising the powers conferred on an authorising officer within paragraph (a) [^F142, (c) [^F143 or (d) ^F143,F142]] [^F142 or (c)^F142] of section 93(5) by subsections (3), (4) and (5) above.

96 Notification of authorisations etc. _{cross-notes I3}

(1)Where a person gives, renews or cancels an authorisation, he shall, as soon as is reasonably practicable and in accordance with arrangements made by the [^F144Investigatory Powers Commissioner^F144] , give notice in writing that he has done so to [^F145a Judicial Commissioner^F145] .

(2)Subject to subsection (3), a notice under this section shall specify such matters as the Secretary of State may by order prescribe.

(3)A notice under this section of the giving or renewal of an authorisation shall specify—

(a)whether section 97 applies to the authorisation or renewal, and

(b)where that section does not apply by virtue of subsection (3) of that section, the grounds on which the case is believed to be one of urgency.

(4)Where a notice is given to [^F146a Judicial Commissioner^F146] under this section, he shall, as soon as is reasonably practicable, scrutinise the notice.

(5)An order under subsection (2) shall be made by statutory instrument.

(6)A statutory instrument which contains an order under subsection (2) shall not be made unless a draft has been laid before, and approved by a resolution of, each House of Parliament.

Authorisations requiring approval

97 Authorisations requiring approval. _cross-notes

(1)An authorisation to which this section applies shall not take effect until—

(a)it has been approved in accordance with this section by [^F147a Judicial Commissioner^F147] , and

(b)the person who gave the authorisation has been notified under subsection (4).

(2)Subject to subsection (3), this section applies to an authorisation if, at the time it is given, the person who gives it believes—

(a)that any of the property specified in the authorisation—

(i)is used wholly or mainly as a dwelling or as a bedroom in a hotel, or

(ii)constitutes office premises, or

(b)that the action authorised by it is likely to result in any person acquiring knowledge of—

(i)matters subject to legal privilege,

(ii)confidential personal information, or

(iii)confidential journalistic material.

(3)This section does not apply to an authorisation where the person who gives it believes that the case is one of urgency.

(4)Where [^F148a Judicial Commissioner^F148] receives a notice under section 96 which specifies that this section applies to the authorisation, he shall as soon as is reasonably practicable—

(a)decide whether to approve the authorisation or refuse approval, and

(b)give written notice of his decision to the person who gave the authorisation.

(5)[^F149 A Judicial Commissioner^F149] shall approve an authorisation if, and only if, he is satisfied that there are reasonable grounds for believing the matters specified in section 93(2).

(6)^F151Where [^F150a Judicial Commissioner^F150] refuses to approve an authorisation, he shall, as soon as is reasonably practicable, make a report of his findings to the authorising officer who gave it or in whose absence it was given ....

[^F152 (6A)The reference in subsection (6) to the authorising officer who gave the authorisation or in whose absence it was given shall be construed, in the case of an authorisation given by or in the absence of a person within paragraph (b) [^F153 or (e)^F153] of section 93(5), as a reference to the Commissioner of Police [^F154 or, as the case may be, Chief Constable^F154] mentioned in the paragraph concerned.^F152]

[^F155 (6B)The reference in subsection (6) to the authorising officer who gave the authorisation or in whose absence it was given shall be construed—

(a)in the case of an authorisation given by a person within paragraph (f) of section 93(5), as a reference to that person, and

(b)in the case of an authorisation given in the absence of such a person, as a reference to a [^F156 National Crime Agency officer^F156] who is designated for the purposes of this section by the Director General of that Agency.^F155]

(7)This section shall apply in relation to a renewal of an authorisation as it applies in relation to an authorisation (the references in subsection (2)(a) and (b) to the authorisation being construed as references to the authorisation renewed).

(8)In this section—

• ^M5 “ office premises ” has the meaning given in section 1(2) of the Offices, Shops and Railway Premises Act 1963 ;

• “ hotel ” means premises used for the reception of guests who desire to sleep in the premises.

98 Matters subject to legal privilege.

(1) Subject to subsection (5) below, in section 97 “ matters subject to legal privilege ” means matters to which subsection (2), (3) or (4) below applies.

(2)This subsection applies to communications between a professional legal adviser and—

(a)his client, or

(b)any person representing his client,

which are made in connection with the giving of legal advice to the client.

(3)This subsection applies to communications—

(a)between a professional legal adviser and his client or any person representing his client, or

(b)between a professional legal adviser or his client or any such representative and any other person,

which are made in connection with or in contemplation of legal proceedings and for the purposes of such proceedings.

(4)This subsection applies to items enclosed with or referred to in communications of the kind mentioned in subsection (2) or (3) and made—

(a)in connection with the giving of legal advice, or

(b)in connection with or in contemplation of legal proceedings and for the purposes of such proceedings.

(5)For the purposes of section 97—

(a)communications and items are not matters subject to legal privilege when they are in the possession of a person who is not entitled to possession of them, and

(b)communications and items held, or oral communications made, with the intention of furthering a criminal purpose are not matters subject to legal privilege.

99 Confidential personal information.

(1) In section 97 “ confidential personal information ” means—

(a)personal information which a person has acquired or created in the course of any trade, business, profession or other occupation or for the purposes of any paid or unpaid office, and which he holds in confidence, and

(b)communications as a result of which personal information—

(i)is acquired or created as mentioned in paragraph (a), and

(ii)is held in confidence.

(2) For the purposes of this section “ personal information ” means information concerning an individual (whether living or dead) who can be identified from it and relating—

(a)to his physical or mental health, or

(b)to spiritual counselling or assistance given or to be given to him.

(3)A person holds information in confidence for the purposes of this section if he holds it subject—

(a)to an express or implied undertaking to hold it in confidence, or

(b)to a restriction on disclosure or an obligation of secrecy contained in any enactment (including an enactment contained in an Act passed after this Act).

100 Confidential journalistic material.

(1) In section 97 “ confidential journalistic material ” means—

(a)material acquired or created for the purposes of journalism which—

(i)is in the possession of persons who acquired or created it for those purposes,

(ii)is held subject to an undertaking, restriction or obligation of the kind mentioned in section 99(3), and

(iii)has been continuously held (by one or more persons) subject to such an undertaking, restriction or obligation since it was first acquired or created for the purposes of journalism, and

(b)communications as a result of which information is acquired for the purposes of journalism and held as mentioned in paragraph (a)(ii).

(2)For the purposes of subsection (1), a person who receives material, or acquires information, from someone who intends that the recipient shall use it for the purposes of journalism is to be taken to have acquired it for those purposes.

Code of Practice

^F157101 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Complaints etc.

^F158102 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

103 Quashing of authorisations etc. _cross-notes

(1)Where, at any time, [^F159a Judicial Commissioner^F159] is satisfied that, at the time an authorisation was given or renewed, there were no reasonable grounds for believing the matters specified in section 93(2), he may quash the authorisation or, as the case may be, renewal.

(2)Where, in the case of an authorisation or renewal to which section 97 does not apply, [^F160a Judicial Commissioner^F160] is at any time satisfied that, at the time the authorisation was given or, as the case may be, renewed,—

(a)there were reasonable grounds for believing any of the matters specified in subsection (2) of section 97, and

(b)there were no reasonable grounds for believing the case to be one of urgency for the purposes of subsection (3) of that section,

he may quash the authorisation or, as the case may be, renewal.

(3)Where [^F161a Judicial Commissioner^F161] quashes an authorisation or renewal under subsection (1) or (2), he may order the destruction of any records relating to information obtained by virtue of the authorisation (or, in the case of a renewal, relating wholly or partly to information so obtained after the renewal) other than records required for pending criminal or civil proceedings.

(4)If [^F162a Judicial Commissioner^F162] is satisfied that, at any time after an authorisation was given or, in the case of an authorisation renewed under section 95, after it was renewed, there were no reasonable grounds for believing the matters specified in section 93(2), he may cancel the authorisation.

(5)Where—

(a)an authorisation has ceased to have effect (otherwise than by virtue of subsection (1) or (2)), and

(b)[^F163 a Judicial Commissioner^F163] is satisfied that, at any time during the period of the authorisation, there were no reasonable grounds for believing the matters specified in section 93(2),

he may order the destruction of any records relating, wholly or partly, to information which was obtained by virtue of the authorisation after that time (other than records required for pending criminal or civil proceedings).

(6)Where [^F164a Judicial Commissioner^F164] exercises his powers under subsection (1), (2) or (4), he shall, if he is satisfied that there are reasonable grounds for doing so, order that the authorisation shall be effective, for such period as he shall specify, so far as it authorises the taking of action to retrieve anything left on property in accordance with the authorisation.

(7)Where [^F165a Judicial Commissioner (other than the Investigatory Powers Commissioner)^F165] exercises a power conferred by this section, he shall, as soon as is reasonably practicable, make a report of his findings—

(a)to the authorising officer who gave the authorisation or in whose absence it was given, and

(b)to the [^F166Investigatory Powers Commissioner^F166] ;

[^F167 and subsection (6A) of section 97 shall apply for the purposes of this subsection as it applies for the purposes of subsection (6) of that section.^F167]

(8)Where—

(a)a decision is made under subsection (1) or (2) and an order for the destruction of records is made under subsection (3), or

(b)a decision to order the destruction of records is made under subsection (5),

the order shall not become operative until [^F168any period^F168] for appealing against the decision has expired and, where an appeal is made, a decision dismissing it has been made by the [^F169Investigatory Powers Commissioner^F169] .

(9)[^F170 A Judicial Commissioner^F170] may exercise any of the powers conferred by this section notwithstanding any approval given under section 97.

Appeals

104 Appeals by authorising officers. _cross-notes

(1)An authorising officer who gives an authorisation, or in whose absence it is given, may, within the prescribed period, appeal to the [^F171Investigatory Powers Commissioner (except where the original decision was made by that Commissioner)^F171] against—

(a)any refusal to approve the authorisation or any renewal of it under section 97;

(b)any decision to quash the authorisation, or any renewal of it, under subsection (1) of section 103;

(c)any decision to quash the authorisation, or any renewal of it, under subsection (2) of that section;

(d)any decision to cancel the authorisation under subsection (4) of that section;

(e)any decision to order the destruction of records under subsection (5) of that section;

(f)any refusal to make an order under subsection (6) of that section;

^F172(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In subsection (1), “ the prescribed period ” means the period of seven days beginning with the day on which the refusal, decision or, as the case may be, determination appealed against is reported to the authorising officer.

(3)In determining an appeal within subsection (1)(a), the [^F173Investigatory Powers Commissioner^F173] shall, if he is satisfied that there are reasonable grounds for believing the matters specified in section 93(2), allow the appeal and direct [^F174the Judicial Commissioner concerned^F174] to approve the authorisation or renewal under that section.

(4)In determining—

(a)^F175an appeal within subsection (1)(b), . . .

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the [^F173Investigatory Powers Commissioner^F173] shall allow the appeal unless he is satisfied that, at the time the authorisation was given or, as the case may be, renewed there were no reasonable grounds for believing the matters specified in section 93(2).

(5)In determining—

(a)^F175an appeal within subsection (1)(c), . . .

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the [^F173Investigatory Powers Commissioner^F173] shall allow the appeal unless he is satisfied as mentioned in section 103(2).

(6)In determining—

(a)^F175an appeal within subsection (1)(d) or (e), . . .

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the [^F173Investigatory Powers Commissioner^F173] shall allow the appeal unless he is satisfied that at the time to which the decision relates there were no reasonable grounds for believing the matters specified in section 93(2).

(7)In determining an appeal within subsection (1)(f), the [^F173Investigatory Powers Commissioner^F173] shall allow the appeal and order that the authorisation shall be effective to the extent mentioned in section 103(6), for such period as he shall specify, if he is satisfied that there are reasonable grounds for making such an order.

(8)Where an appeal is allowed under this section, the [^F173Investigatory Powers Commissioner^F173] shall—

(a)^F177in the case of an appeal within subsection (1)(b) or (c), also quash any order made by [^F176the Judicial Commissioner concerned^F176] to destroy records relating to information obtained by virtue of the authorisation concerned, . . .

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

105 Appeals by authorising officers: supplementary. _cross-notes

(1)Where the [^F178Investigatory Powers Commissioner^F178] determines an appeal under section 104—

(a)he shall give notice of his determination—

(i)to the authorising officer concerned, [^F179and^F179]

(ii)^F181to [^F180the Judicial Commissioner^F180] against whose refusal, decision or determination the appeal was made, . . .

(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)if he dismisses the appeal, he shall make a report of his findings—

(i)to the authorising officer concerned,

(ii)to [^F182the Judicial Commissioner^F182] against whose refusal, decision or determination the appeal was made, and

(iii)^F183... to the Prime Minister and the Scottish Ministers .

(2)Subject to subsection (1)(b), the [^F178Investigatory Powers Commissioner^F178] shall not give any reasons for a determination under section 104.

(3)Nothing in section 104 shall prevent a designated deputy from exercising the powers conferred by subsection (1) of that section on an authorising officer within paragraph (a) [^F184or (c)^F184] of section 93(5).

^F185106 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General

^F186107 Supplementary provisions relating to Commissioners.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

108 Interpretation of Part III. _cross-notes

(1)In this Part—

• [^F187 “ Assistant Commissioner of Police of the Metropolis ” includes the Deputy Commissioner of Police of the Metropolis; ^F187]

• “ authorisation ” means an authorisation under section 93;

• “ authorising officer ” has the meaning given by section 93(5);

• “ criminal proceedings ” includes [^F188 proceedings (whether or not before a court) in respect of a service offence within the meaning of the Armed Forces Act 2006 ; ^F188]

• ^F189 ...

• “ designated deputy ” has the meaning given in section 94(4);

• [^F190 “ the Investigatory Powers Commissioner ” and “ Judicial Commissioner ” have the same meanings as in the Investigatory Powers Act 2016 (see section 263(1) of that Act ); ^F190]

• [^F191 “ tri-service serious crime unit ” means the unit described in section 375(1A) of the Armed Forces Act 2006 ; ^F191]

• ^M6 “ United Kingdom waters ” has the meaning given in section 30(5) of the Police Act 1996 ; and

• “ wireless telegraphy ” has the same meaning as in [^F192 the Wireless Telegraphy Act 2006 ^F192] and, in relation to wireless telegraphy, “ interfere ” has the same meaning as in that Act.

[^F193 (1A)A reference in this Part to a staff officer of the Police Investigations and Review Commissioner is to any person who—

(a)is a member of the Commissioner's staff appointed under paragraph 7A of schedule 4 to the Police, Public Order and Criminal Justice (Scotland) Act 2006, or

(b)is a member of the Commissioner's staff appointed under paragraph 7 of that schedule to whom paragraph 7B(2) of that schedule applies.^F193]

(2)Where, under this Part, notice of any matter is required to be given in writing, the notice may be transmitted by electronic means.

(3)For the purposes of this Part, an authorisation (or renewal) given—

(a)by the designated deputy of an authorising officer, or

(b)by a person on whom an authorising officer’s powers are conferred by section 94,

shall be treated as an authorisation (or renewal) given in the absence of the authorising officer concerned; and references to the authorising officer in whose absence an authorisation (or renewal) was given shall be construed accordingly.

Part IV Police Information Technology Organisation

^F194109 Police Information Technology Organisation.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F194110 Relationship between the Organisation and the Secretary of State.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F194111 Interpretation of Part IV.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F195Part V Certificates of Criminal Records, &c. _cross-notes

[^F195112 Criminal conviction certificates. _I4,I5,I6

(1)[^F196 The Secretary of State^F196] [^F196 DBS^F196] shall issue a criminal conviction certificate to any individual who—

(a)makes an application ^F197...,

[^F198 (aa)is aged 16 or over at the time of making the application,^F198] and

(b)pays any fee that is payable in relation to the application under regulations made by the Secretary of State.

(2)A criminal conviction certificate is a certificate which—

(a)gives the prescribed details of every conviction [^F199 or conditional caution^F199] of the applicant which is recorded in central records, or

(b)states that there [^F200 is no such conviction^F200] [^F200 are no such convictions and conditional cautions^F200] .

(3)In this section—

• “ central records ” means such records of convictions [^F201 and conditional cautions ^F201] held for the use of police forces generally as may be prescribed;

• [^F202 “ conditional caution ” means a caution given under section 22 of the Criminal Justice Act 2003 (c. 44) or section 66A of the Crime and Disorder Act 1998 , other than one that is spent for the purposes of Schedule 2 to the Rehabilitation of Offenders Act 1974 . ^F202]

• “ conviction ” means a conviction within the meaning of the ^M7 Rehabilitation of Offenders Act 1974, other than a spent conviction.

(4)Where an applicant has received a criminal conviction certificate, [^F203 the Secretary of State^F203] [^F203 DBS^F203] may refuse to issue another certificate to that applicant during such period as may be prescribed.^F195]

^F204113 Criminal record certificates.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[[^F205,F195113A Criminal record certificates _{cross-notes E1}

(1)[^F206 DBS^F206] must issue a criminal record certificate to any individual who—

(a)makes an application ^F207...,

[^F208 (aa)is aged 16 or over at the time of making the application,^F208] and

(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.

[^F209 (2A)But an application for a criminal record certificate need not be countersigned by a registered person if—

(a)the application is transmitted to [^F210 DBS^F210] electronically by a registered person who satisfies conditions determined by [^F210 DBS^F210] , and

(b)it is transmitted in accordance with requirements determined by [^F210 DBS^F210] .^F209]

(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.

^F211(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)[^F212 DBS^F212] may treat an application under this section as an application under section 113B if—

(a)in [^F213 its^F213] opinion the certificate is required for a purpose prescribed under subsection (2) of that section,

(b)the registered person provides [^F214 it^F214] with the statement required by that subsection, and

(c)the applicant consents and pays to [^F212 DBS^F212] the amount (if any) by which the fee payable in relation to an application under that section exceeds the fee paid in relation to 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 [^F215 which—

  (a)

  so far as it applies to convictions, is a question^F215] in relation to which section 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; [^F216 and—

  (b)

  so far as it applies to cautions, is a question to which paragraph 3(3) or (4) of Schedule 2 to that Act has been excluded by an order of the Secretary of State under paragraph 4 of that Schedule;^F216]

• [^F217 “relevant matter”, in this section as it has effect in England and Wales, means—

  (a)

  [^F218 any of the following convictions^F218] —

  (i)

  a conviction of an offence within subsection (6D);

  (ii)

  a conviction in respect of which a custodial sentence or a sentence of service detention was imposed; ^F219...

  (iii)

  a current conviction; [^F220 or

  (iv)

  a conviction which is not a spent conviction within the meaning of the Rehabilitation of Offenders Act 1974;^F220]

  (b)

  ^F221 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  (c)

  a caution given in respect of an offence within subsection (6D) [^F222 where the person was aged 18 or over on the date it was given^F222] ;

  (d)

  a current caution^F217] [^F223 ;

  (e)

  a caution which is not spent for the purposes of Schedule 2 to the Rehabilitation of Offenders Act 1974^F223] .

[^F224 (6D) The offences referred to in paragraphs (a)(i) and (c) of the definition of “relevant matter” in subsection (6), as it has effect in England and Wales, are as follows—

(a)murder;

(b)an offence under section 67(1A) of the Medicines Act 1968 (prescribing, etc. a medicinal product in contravention of certain conditions);

(c)an offence under any of sections 126 to 129 of the Mental Health Act 1983;

(d)an offence specified in the Schedule to the Disqualification from Caring for Children (England) Regulations 2002;

(e)an offence specified in Schedule 15 to the Criminal Justice Act 2003 (specified offences for the purposes of Chapter 5 of Part 12 of that Act (dangerous offenders));

(f)an offence under the following provisions of the Mental Capacity Act 2005—

(i)section 44 (ill-treatment or neglect);

(ii)paragraph 4 of Schedule 1 (applications and procedure for registration);

(iii)paragraph 4 of Schedule 4 (duties of attorney in event of incapacity of donor);

(g)an offence under section 7, 9 or 19 of the Safeguarding Vulnerable Groups Act 2006 (offences in respect of regulated activity);

(h)an offence specified in section 17(3)(a), (b) or (c) of the Health and Social Care Act 2008 (cancellation of registration), apart from an offence under section 76 of that Act (disclosure of confidential personal information);

(i)an offence specified in the Schedule to the Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria and Miscellaneous Provisions) Regulations 2009;

(j)an offence specified in Schedule 2 or 3 to the Childcare (Disqualification) Regulations 2009;

(k)an offence which has been superseded (directly or indirectly) by an offence within paragraphs (a) to (j);

(l)an offence of—

(i)attempting or conspiring to commit any offence falling within paragraphs (a) to (k), or

(ii)inciting or aiding, abetting, counselling or procuring the commission of any such offence,

or an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) committed in relation to any such offence;

(m)an offence under the law of Scotland or Northern Ireland or any territory outside the United Kingdom which corresponds to an offence under the law of England and Wales within any of paragraphs (a) to (l);

(n)any offence under section 42 of the Armed Forces Act 2006 in relation to which the corresponding offence under the law of England and Wales (within the meaning of that section) is an offence within any of paragraphs (a) to (l);

(o)an offence under section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957 of which the corresponding civil offence (within the meaning of that Act) is an offence within any of paragraphs (a) to (l).

(6E) For the purposes of the definition of “relevant matter” as it has effect in England and Wales—

(a) “conviction” has the same meaning as in the Rehabilitation of Offenders Act 1974 , and includes a spent conviction within the meaning of that Act;

(b) “caution” includes a caution which is spent for the purposes of Schedule 2 to that Act but excludes a disregarded caution within the meaning of Chapter 4 of Part 5 of the Protection of Freedoms Act 2012 ;

(c)a person’s conviction is a current conviction if—

(i)the person was aged 18 or over on the date of the conviction and that date fell within the 11 year period ending with the day on which the certificate is issued, or

(ii)the person was aged under 18 on the date of conviction and that date fell within the period of 5 years and 6 months ending with the day on which the certificate is issued;

(d)a caution given to a person is a current caution if—

(i)the person was aged 18 or over on the date it was given and that date fell within the 6 year period ending with the day on which the certificate is issued, ^F225...

^F225(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) “custodial sentence” and “sentence of service detention” have the same meaning as in section 5(8) of the Rehabilitation of Offenders Act 1974 .

(6F)Section 139(1) and (4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (which amends section 5(8) of the Rehabilitation of Offenders Act 1974) is to be treated for the purposes of subsection (6E)(e) as being in force when subsection (6E)(e) comes into force.^F224]

[^F226 (7) The Secretary of State may by order amend the definitions of “central records” and “relevant matter” in subsection (6).

(8)The power to make an order under subsection (7) is exercisable by statutory instrument, but no such order may be made unless a draft of the instrument containing the order is laid before and approved by resolution of each House of Parliament.^F226]

[^F227 (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 [^F228 DBS^F228] under subsection (2A).^F227]

^F229(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .^F195]

[^F205113A Criminal record certificates _I53E11

(1)The Secretary of State must issue a criminal record certificate to any individual who—

(a)makes an application ^F207...,

[^F716 (aa)except in prescribed circumstances, is aged 16 or over at the time of making the application,^F716] and

(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.

[^F717 (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 Department electronically by a registered person who satisfies conditions determined by the Department, and

(b)it is transmitted in accordance with requirements determined by the Department.^F717]

(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.

^F718(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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,

(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 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 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 ;

• [^F719 “relevant matter”, in this section as it has effect in Northern Ireland, means–

  (a)

  [^F720 any of the following convictions^F720] –

  (i)

  a conviction of an offence within subsection (6D);

  (ii)

  a conviction in respect of which a sentence of imprisonment, a sentence of service detention or custodial order was imposed; ^F721...

  (iii)

  a current conviction; [^F722 or^F722]

  (iv)

  [^F723 a current conviction of any offence, except an offence within subsection (6D), stated by a court to be aggravated under section 15 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021;^F723]

  (b)

  ^F724 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  (c)

  a caution, restorative caution, diversionary youth conference or informed warning given in respect of an offence within subsection (6D);

  (d)

  a current caution, restorative caution, diversionary youth conference or informed warning.^F719]

[^F725 (6D) The offences referred to in paragraphs (a)(i) and (c) of the definition of “relevant matter” in subsection (6), as it has effect in Northern Ireland, are as follows–

(a)The following offences–

(i)Abducting girl under 18 with intention of marriage;

(ii)Abducting girl under 18;

(iii)Affray;

(iv)Breach of the peace;

(v)False imprisonment;

(vi)Going armed so as to terrify the public;

(vii)Indecency – outraging public decency;

(viii)Kidnapping;

(ix)Manslaughter;

(x)Murder;

(xi)Publishing obscene libel;

(xii)Publishing/exhibiting/selling indecent/obscene things;

(xiii)Rape;

(xiv)Riot;

(xv)Rout (incipient riot); and

(xvi)Unlawful assembly.

(b)an offence under section 1 of the Unlawful Drilling Act 1819;

(c)an offence under section 10 or 11 of the Slave Trade Act 1824;

(d)an offence under section 2 or 3 of the Tumultuous Risings (Ireland) Act 1831;

(e)an offence under section 35 of the Malicious Damage Act 1861;

(f)an offence under section 32, 33, 34, 58, 59 or 64 of the Offences Against the Person Act 1861;

(g)an offence under section 26 of the Criminal Justice Act (Northern Ireland) 1945;

(h)an offence under section 2 of the Nuclear Installations Act 1965;

(i)an offence under section 13, 13A or 13B of the Criminal Justice Act (Northern Ireland) 1966;

(j)an offence under section 5(1) of the Criminal Law Act (NI) 1967;

(k)an offence under section 25 or 30 of the Children and Young Persons Act (Northern Ireland) 1968;

(l)an offence under section 7(2)(a), 52, 58(2)(a), 58(2)(b), 63(b), 67 or 67 (1A) of the Medicines Act 1968;

(m)an offence under section 1, 2 or 3 of the Protection of Persons and Property Act (Northern Ireland) 1969;

(n)an offence under section 7 of the Public Order Amendment Act (Northern Ireland) 1970;

(o)an offence under section 4(2), 5(2), 5(3), 6(2), 8, 9, 11, 12, 13, 18, 19, 20 or 23 of the Misuse of Drugs Act 1971;

(p)an offence under section 1 of the Biological Weapons Act 1974;

(q)an offence under section 2 of the Criminal Jurisdiction Act 1975;

(r)an offence under Article 5 of the Poisons (Northern Ireland) Order 1976;

(s)an offence under Article 4 or 5 of the Criminal Damage (Northern Ireland) Order 1977;

(t)an offence under Article 19 of the Criminal Damage (Compensation) (Northern Ireland) Order 1977;

(u)an offence under Article 3 of the Criminal Law (Amendment) (Northern Ireland) Order 1977;

(v)an offence under section 50 of the Customs and Excise Management Act 1979;

(w)an offence under section 6(2) or section 7(2) of the Aviation Security Act 1982;

(x)an offence under Article 5, 9 or 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983;

(y)an offence under sections 1A to 1D or 2 of the Nuclear Material (Offences) Act 1983;

(z)an offence under section 38 of the Public Order Act 1986;

(aa)an offence under Article 11, 28, 29, 31, 58, 58ZA or 59 of the Adoption (Northern Ireland) Order 1987;

(bb)an offence under Article 9, 10, 11, 12, 13, 18(3), 22 or 23 of the Public Order (Northern Ireland) Order 1987;

(cc)an offence under section 139, 139A, or 141 of the Criminal Justice Act 1988;

(dd)an offence under Article 3, 4 or 5 of the Crossbows (Northern Ireland) Order 1988;

(ee)an offence under section 12, 18 or 19 of the Criminal Justice (International Cooperation) Act 1990;

(ff)an offence under Article 68 or 132 of the Children (Northern Ireland) Order 1995;

(gg)an offence under Article 11A or 12B of the Road Traffic (Northern Ireland) Order 1995;

(hh)an offence under Article 53 or 54 of the Criminal Justice (Northern Ireland) Order 1996;

(ii)an offence under section 2 or 11 of the Chemical Weapons Act 1996;

(jj)an offence specified in the Schedule to the Disqualification for Caring for Children Regulations (Northern Ireland) 1996;

(kk)an offence under section 1 or 2 of the Knives Act 1997;

(ll)an offence under Article 4, 5(6), 6 or 7(5) of the Protection from Harassment (Northern Ireland) Order 1997;

(mm)an offence under section 2 of the Landmines Act 1998;

(nn)an offence under section 35 of the Criminal Justice and Courts Services Act 2000;

(oo)an offence under section 11, 12, 15, 16, 17, 18, 38B, 39, 58, 60 or paragraph 37 of Schedule 4 to the Terrorism Act 2000;

(pp)an offence under section 52, 54, 67, 79, 80 or 114 of the Anti-terrorism, Crime and Security Act 2001;

(qq)an offence under section 58 or 59 of the International Criminal Court Act 2001;

(rr)an offence under Article 17 of the Criminal Injuries Compensation (Northern Ireland) Order 2002;

(ss)an offence under section 327, 328, 329, 330, 331, 332, 333A or 342 of the Proceeds of Crime Act 2002;

(tt)an offence under Article 12, 15(2)(a)-(e), 24 to 28 or 42 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;

(uu)an offence under Article 30 or 46 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003;

(vv)an offence stated by a court to be aggravated by hostility under Article 2 of the Criminal Justice (No 2) (Northern Ireland) Order 2004;

(ww)an offence under Article 3, 24, 37, 39, 40, 41, 42, 45, 61, 62, 63 or 67 of the Firearms (Northern Ireland) Order 2004;

(xx)an offence under section 1 or 2 of the Terrorism Act 2006;

(yy)an offence under paragraph 1 of Schedule 1 to the Violent Crime Reduction Act 2006;

(zz)an offence under section 47 of the Wireless Telegraphy Act 2006;

(aaa)an offence under Article 11, 13 or 23 of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007;

(bbb)an offence under section 27, paragraph 8 of Schedule 3 or paragraph 12 of Schedule 4 to the Justice and Security (Northern Ireland) Act 2007;

(ccc)an offence under Schedule 1 or Schedule 2 of the Criminal Justice (Northern Ireland) Order 2008;

(ddd)an offence under Article 68, 69 or 73 of the Sexual Offences (Northern Ireland) Order 2008;

(eee)an offence under section 71 of the Coroners and Justice Act 2009;

[^F726 (fff)an offence under article 240 or 241 of the Air Navigation Order 2016;^F726]

(ggg)an offence specified in the Schedule to the Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) Regulations (Northern Ireland) 2009;

(hhh)an offence under section 2 of the Cluster Munitions (Prohibitions) Act 2010;

(iii)an offence under section 93 of the Justice Act (Northern Ireland) 2011;

(jjj)an offence under regulation 255 of the Human Medicines Regulations 2012;

(kkk)an offence which has been superseded (directly or indirectly) by an offence within paragraphs (a) to (jjj);

(lll)an offence of –

(i)attempting or conspiring to commit any offence falling within paragraphs (a) to (kkk), or inciting or aiding, abetting, counselling or procuring the commission of any such offence, or

(ii)an offence under Part 2 of the Serious Crime Act 2007 (encouraging or committing serious crime) committed in relation to any such offence;

(mmm)an offence under the law of England, Scotland or Wales or any territory outside the United Kingdom which corresponds to an offence under the law of Northern Ireland within any of the paragraphs (a) to (lll);

(nnn)an offence under section 42 of the Armed Forces Act 2006 in relation to which the corresponding offence under the law of Northern Ireland (within the meaning of that section) is an offence corresponding with any of the paragraphs (a) to (lll); ^F727...

(ooo)an offence under section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957 of which the corresponding civil offence (within the meaning of those Acts) is an offence within any of the paragraphs (a) to (lll) [^F728 ;^F728]

[^F729 (ppp)an offence under section 1 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021;

(qqq)an offence under section 1 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 stated by a court to be aggravated under section 8 of that Act;

(rrr)an offence under section 1 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 stated by a court to be aggravated under section 9 of that Act; and

(sss)any offence within this subsection (6D) stated by a court to be aggravated under section 15 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021.^F729]

(6E) For the purposes of the definition of “relevant matter” as it has effect in Northern Ireland–

(a) “conviction” has the same meaning as in the Rehabilitation of Offenders (Northern Ireland) Order 1978 and includes a spent conviction within the meaning of that Order;

(b)a person’s conviction is a current conviction if–

(i)the person was aged 18 or over on the date of the conviction and that date fell within the 11 year period ending with the day on which the certificate is issued, or

(ii)the person was [^F730 aged under 18^F730] on the date of conviction and that date fell within the period of 5 years and 6 months ending with the day on which the certificate is issued;

(c)a caution or restorative caution given to a person is a current caution or restorative caution if–

(i)the person was aged 18 or over on the date it was given and that date fell within the 6 year period ending with the day on which the certificate is issued, or

(ii)the person was aged under 18 on the day it was given and that date fell within the 2 year period ending with the day on which the certificate is issued;

(d)a diversionary youth conference given to a person is a current diversionary youth conference if the person was aged under 18 on the date it was given and that date fell within the 2 year period ending with the day on which the certificate is issued;

(e)an informed warning given to a person is a current informed warning if the date on which it was given fell within the 1 year period ending with the day on which the certificate is issued;

(f) “sentence of imprisonment”, “sentence of service detention” and “custodial order” have the same meaning as in Articles 2 and 6 of the Rehabilitation of Offenders (Northern Ireland) Order 1978 . ^F725]

[^F226 (7) The Secretary of State may by order amend the definitions of “central records” and “relevant matter” in subsection (6).

(8)The power to make an order under subsection (7) is exercisable by statutory instrument, but no such order may be made unless a draft of the instrument containing the order is laid before and approved by resolution of each House of Parliament.^F226]

[^F731 (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 Department under subsection (2A).^F731,F205]]

[^F195113B Enhanced criminal record certificates _{cross-notes E2}

(1)[^F230 DBS^F230] must issue an enhanced criminal record certificate to any individual who—

(a)makes an application ^F231...,

[^F232 (aa)is aged 16 or over at the time of making the application,^F232] and

(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 [^F233 for the purposes of an exempted question asked^F233] for a prescribed purpose.

[^F234 (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 [^F235 DBS^F235] electronically by a registered person who satisfies conditions determined by [^F235 DBS^F235] , and

(b)it is transmitted in accordance with requirements determined by [^F235 DBS^F235] .^F234]

(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 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 [^F236 DBS^F236] must request any relevant chief officer to provide any information which ^F237...—

(a)[^F238 the chief officer reasonably believes to^F238] be relevant for the purpose described in the statement under subsection (2), and

(b)[^F239 in the chief officer's opinion,^F239] ought to be included in the certificate.

[^F240 (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.^F240]

^F241(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F241(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)[^F242 DBS^F242] may treat an application under this section as an application under section 113A if in [^F243 its^F243] opinion the certificate is not required for a purpose prescribed under subsection (2).

(8)If by virtue of subsection (7) [^F244 DBS^F244] treats an application under this section as an application under section 113A, [^F245 it^F245] 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—

• “ central records ”, “ exempted question ”, and “ relevant matter ” have the same meaning as in section 113A;

• [^F246 “ relevant chief officer ” means any chief officer of a police force who is identified by [^F247 DBS ^F247] for the purposes of making a request under subsection (4). ^F246]

• ^F248 ...

(10)For the purposes of this section references to a police force include any of the following—

[^F249 (a)the Royal Navy Police;^F249]

(c)the Royal Military Police;

(d)the Royal Air Force Police;

(e)the Ministry of Defence Police;

^F250(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F250(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h)the British Transport Police;

(i)the Civil Nuclear Constabulary;

(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 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 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);

(b)the [^F251 National Crime Agency^F251] (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);

[^F252 (ba)the tri-service serious crime unit (and for this purpose a reference to the chief officer of a police force must be taken to be a reference to the Provost Marshal for serious crime);^F252]

(c)such other department or body as is prescribed (and regulations may prescribe in relation to the department or body the person to whom a reference to the chief officer is to be taken to be).

[^F253 (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 [^F254 DBS^F254] under subsection (2A).^F253]

^F255(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .^F195,F205]]

[^F205113B Enhanced criminal record certificates _{cross-notes I54E12}

(1)The Secretary of State must issue an enhanced criminal record certificate to any individual who—

(a)makes an application ^F231...,

[^F732 (aa)except in prescribed circumstances, is aged 16 or over at the time of making the application,^F732] and

(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 [^F233 for the purposes of an exempted question asked^F233] for a prescribed purpose.

[^F733 (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 Department electronically by a registered person who satisfies conditions determined by the Department, and

(b)it is transmitted in accordance with requirements determined by the Department.^F733]

(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 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 [^F734 any relevant chief officer^F734] to provide any information which ^F735... —

(a)[^F736 the chief officer reasonably believes to^F736] be relevant for the purpose described in the statement under subsection (2), and

(b)[^F737 in the chief officer's opinion,^F737] ought to be included in the certificate.

[^F738 (4A)The Department may from time to time publish guidance to chief officers as to the exercise of functions under subsection (4); and in exercising functions under that subsection a relevant chief officer must have regard to any guidance for the time being published under this subsection.^F738]

^F739(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F739(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 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—

• “ central records ”, “ exempted question ”, and “ relevant matter ” have the same meaning as in section 113A;

• [^F740 relevant chief officer” means any chief officer of a police force who is identified by the Department for the purposes of making a request under subsection (4);^F740]

• ^F741 ...

(10)For the purposes of this section references to a police force include any of the following—

[^F249 (a)the Royal Navy Police;^F249]

(c)the Royal Military Police;

(d)the Royal Air Force Police;

(e)the Ministry of Defence Police;

^F250(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F250(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h)the British Transport Police;

(i)the Civil Nuclear Constabulary;

(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 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 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);

(b)the [^F251 National Crime Agency^F251] (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);

[^F252 (ba)the tri-service serious crime unit (and for this purpose a reference to the chief officer of a police force must be taken to be a reference to the Provost Marshal for serious crime);^F252]

(c)such other department or body as is prescribed (and regulations may prescribe in relation to the department or body the person to whom a reference to the chief officer is to be taken to be).

[^F742 (12)For the purposes of this Part a person acts as the registered person in relation to an application foran enhanced criminal record certificate if the person—

(a)countersigns the application, or

(b)transmits the application to the Department under subsection (2A).^F742,F205]]

[[^F256,F195113BA Suitability information relating to children _cross-notes

(1)In such cases as are prescribed, an enhanced criminal record certificate must also include suitability information relating to children.

(2)Suitability information relating to children is—

(a)whether the applicant is barred from regulated activity relating to children;

^F257(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F257(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F257(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F258 (e)whether the applicant is subject to a direction under [^F259 section 128 of the Education and Skills Act 2008 (prohibition on participation in management of independent educational institution in England) or^F259] section 167A of the Education Act 2002 (prohibition on participation in management of independent school [^F260 in Wales^F260] ).^F258]

(3) Expressions used in this section and in the 2006 Act have the same meaning in this section as in that Act, except that “prescribed” must be construed in accordance with section 125 of this Act .

(4) “ The 2006 Act ” means the Safeguarding Vulnerable Groups Act 2006 . ^F195,F256]]

[^F256113BB Suitability information relating to vulnerable adults _cross-notes

(1)In such cases as are prescribed, an enhanced criminal record certificate must also include suitability information relating to vulnerable adults.

(2)Suitability information relating to vulnerable adults is —

(a)whether the applicant is barred from regulated activity relating to vulnerable adults;

^F261(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F261(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F261(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Expressions used in this section and in the 2006 Act have the same meaning in this section as in that Act, except that “prescribed” must be construed in accordance with section 125 of this Act .

(4) “ The 2006 Act ” means the Safeguarding Vulnerable Groups Act 2006 .

113BC Suitability information: power to amend

(1)The Secretary of State may by order made by statutory instrument—

(a)amend section 113BA for the purpose of altering the meaning of suitability information relating to children;

(b)amend section 113BB for the purpose of altering the meaning of suitability information relating to vulnerable adults [^F262 ;

(c)amend section 120AC(4)(b) in consequence of an order made under paragraph (a) or (b).^F262]

[^F263 (c)amend section 120AC(4)(b) in consequence of an order made under paragraph (a) or (b).^F263]

(2)Such an order is subject to annulment in pursuance of a resolution of either House of Parliament.^F256]

^F195113CA Suitability information relating to children

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F195113CB Suitability information relating to protected adults

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F195113CC Suitability information: supplementary

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F264113C Criminal record certificates: suitability relating to children

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F264113D Criminal record certificates: suitability relating to adults

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[[^F205,F264113E Criminal record certificates: specified children's and adults' lists: urgent cases _cross-notes

(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

(c)the applicant pays in the prescribed manner such additional fee as is prescribed in respect of the application.

(2)[^F265 The Secretary of State^F265] [^F265 DBS^F265] must notify the registered person—

(a)if the applicant is not included in a specified children's list, of that fact;

(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 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, and

(c)the applicant pays in the prescribed manner such additional fee as is prescribed in respect of the application.

(4)[^F266 The Secretary of State^F266] [^F266 DBS^F266] 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—

• “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” 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. ^F264,F205]]

^F264113F Criminal record certificates: supplementary

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F195114 Criminal record certificates: Crown employment. _I7,I8

(1)[^F267 The Secretary of State^F267] [^F267 DBS^F267] shall issue a criminal record certificate to any individual who—

(a)makes an application under this section ^F268...,

[^F269 (aa)is aged 16 or over at the time of making the application,^F269]

[^F270 (aa)except in prescribed circumstances, is aged 16 or over at the time of making the application,^F270] and

(b)pays any fee that is payable in relation to the application under regulations made by the Secretary of State.

(2)An application under this section must be accompanied by a statement by a Minister of the Crown that the certificate is required for the purposes of an exempted question asked in the course of considering the applicant’s suitability for an appointment by or under the Crown.

(3)[^F271 Sections 113A(3) to (6), 120AC and 120AD^F271] shall apply in relation to this section with any necessary modifications.^F195]

^F272115 Enhanced criminal record certificates. _E3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F272115 Enhanced criminal record certificates. _E13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F195116 Enhanced criminal record certificates: judicial appointments and Crown employment. _{cross-notes I9,I10}

(1)[^F273 The Secretary of State^F273] [^F273 DBS^F273] shall issue an enhanced criminal record certificate to any individual who—

(a)makes an application under this section ^F274...,

[^F275 (aa)is aged 16 or over at the time of making the application,^F275]

[^F276 (aa)except in prescribed circumstances, is aged 16 or over at the time of making the application,^F276] and

(b)pays any fee that is payable in relation to the application under regulations made by the Secretary of State.