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 2013 and shall come into force on the seventh 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.  The Police Act 1997 is amended as follows.

3.  In section 113A(6)(2), for the definition of “relevant matter”, substitute—

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

4.  In section 113A(3), before subsection (7) insert—

“(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(4) (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(5);

(d)an offence specified in the Schedule to the Disqualification from Caring for Children (England) Regulations 2002(6);

(e)an offence specified in Schedule 15 to the Criminal Justice Act 2003(7) (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(8)—

(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(9) (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(10) (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(11);

(j)an offence specified in Schedule 2 or 3 to the Childcare (Disqualification) Regulations 2009(12);

(k)an offence which has been superseded (directly or indirectly) by an offence within paragraphs (a) to (j);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(13) (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(14) 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(15), section 70 of the Air Force Act 1955(16) or section 42 of the Naval Discipline Act 1957(17) 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(18), 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, or

(ii)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)“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(19) (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.”

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the definition of “relevant matter” in the Police Act 1997. The definition of “relevant matter” sets out what is disclosed by the Disclosure and Barring Service in response to an application for a criminal record certificate or an enhanced criminal record certificate.

No impact assessment has been produced in relation to this Order as no impact on business or the private or voluntary sector is foreseen.