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Statutory Instruments

2020 No. 1364

Police, England And Wales

The Police Act 1997 (Criminal Record Certificates: Relevant Matters) (Amendment) (England and Wales) Order 2020

Made

27th November 2020

Coming into force

28th November 2020

The Secretary of State makes the following Order in exercise of the powers conferred by section 113A(7) of the Police Act 1997( 1 ).

In accordance with section 113A(8) of that Act, a draft of this instrument has been laid before and approved by resolution of each House of Parliament.

Citation, commencement and extent

1. —(1) This Order may be cited as the Police Act 1997 (Criminal Record Certificates: Relevant Matters) (Amendment) (England and Wales) Order 2020 and comes into force on the day after the day on which it is made.

(2) This Order extends to England and Wales only.

Amendment to the Police Act 1997

2.Section 113A of the Police Act 1997 is amended as follows—

(a) in subsection (6)( 2 ), in the definition of “relevant matter” as it has effect in England and Wales—

(i) in paragraph (a), for “in relation to a person who has one conviction only” substitute “any of the following convictions”;

(ii) omit paragraph (b); and

(iii) in paragraph (c), after “subsection (6D)” insert “where the person was aged 18 or over on the date it was given”;

(b) in subsection (6E)( 3 ), for the purposes of the definition of “relevant matter” omit paragraph (d)(ii) and the preceding “or”.

Victoria Atkins

Parliamentary Under Secretary of State

Home Office

27th November 2020

( 1 )

1997 c. 50 . Section 113A was inserted by section 163(2) of the Serious Organised Crime and Police Act 2005 (c. 15) , Subsections (7) and (8) were inserted, in relation to England and Wales by section 63(1) and paragraph 14(1) and (2) of Schedule 9 to the Safeguarding Vulnerable Groups Act 2006 (c. 47) .

( 2 )

Relevant amendments to subsection (6) were made by section 50 of the Criminal Justice and Immigration Act 2008 (c. 4) , paragraph 135 of Schedule 9 to the Protection of Freedoms Act 2012 (c. 9) and S.I. 2013/1200 .

( 3 )

Subsection (6E) was inserted by S.I. 2013/1200 .

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Police Act 1997 (Criminal Record Certificates: Relevant Matters) (Amendment) (England and Wales) Order 2020 (2020/1364)

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