C1C7C3C2C4C5C6 Part V Certificates of Criminal Records, &c.

Annotations:
Modifications etc. (not altering text)
C1

Pt. 5 power to apply (with modifications) conferred (E.W.) (7.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 163(4), 178(2)

C7

Pt. 5 explained (7.7.2008 for specified purposes, 3.3.2011 for specified purposes, 10.3.2015 in so far as not already in force) by Data Protection Act 1998 (c. 29), s. 56(4) (as amended (19.5.2008) by 2006 c. 47, ss. 63, 65, Sch. 9 para. 15(3) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2008/1320, art. 3; S.I. 2008/1592, art. 2; S.I. 2011/601, art. 2; S.I. 2015/312, art. 2)

C4

Pt. 5 extended in part (Guernsey) (with modifications) (10.12.2009) by The Police Act 1997 (Criminal Records) (Guernsey) Order 2009 (S.I. 2009/3215), arts. 1(2), 3, Sch. 1, Sch. 3 (with arts. 1(3), 6-8)

C5

Pt. V extended in part (Jersey) (with modifications) (18.3.2010) by The Police Act 1997 (Criminal Records) (Jersey) Order 2010 (S.I. 2010/765), arts. 1(2), 3, Schs. 1, 3 (with arts. 1(3), 6-8)

C6

Pt. V extended in part (Isle of Man) (with modifications) (18.3.2010) by The Police Act 1997 (Criminal Records) (Isle of Man) Order 2010 (S.I. 2010/764), arts. 1(2), 3, Schs. 1, 3 (with arts. 1(3), 6-8)

I1I2117 Disputes about F8accuracy of certificatesF8certificates and up-date information.

1

Where an applicant for a certificate under any of sections 112 to 116 believes that the information contained in the certificate is inaccurate he may make an application F1in writing to F4the Secretary of StateF4DBS for a new certificate.

F31A

Where any person other than the applicant believes that the information contained in a certificate under any of sections 112 to 116 is inaccurate, that person may make an application in writing to F5DBS for a decision as to whether or not the information is inaccurate.

F141A

Where any person other than the applicant believes that the information contained in a certificate under any of sections 112 to 116 is inaccurate, that person may make an application in writing to the Department for a decision as to whether or not the information is inaccurate.

F91B

Where a person believes that the wrong up-date information has been given under section 116A in relation to the person's certificate, the person may make an application in writing to F13DBS for corrected up-date information.

2

F6The Secretary of StateF6DBS shall consider any application under this section; and where F7heF7it is of the opinion that the information in the certificate is inaccurate F11, or that the wrong up-date information has been given,F7heF7it shall issue a new certificate F12or (as the case may be) corrected up-date information.

F102A

In this section—

  • “corrected up-date information”, in relation to a certificate, means information which includes—

    1. a

      information that the wrong up-date information was given in relation to the certificate on a particular date, and

    2. b

      new up-date information in relation to the certificate,

  • “up-date information” has the same meaning as in section 116A.

F23

F18Subject to subsection (3A), An application under this section may, in particular, request a review of any information contained in a certificate by virtue of section 113B(4).

F173A

But an application under this section may not request a review of information contained in a certificate by virtue of section 113B(4) which was or could have been the subject of an appeal under section 20 of the Age of Criminal Responsibility (Scotland) Act 2019.

F164

The Scottish Ministers, on receiving F19a request mentioned in subsection (3), must ask the chief officer of the relevant police force who provided that information to reconsider whether—

a

the chief officer still reasonably believes that information to be relevant for the purpose in respect of which it was requested, and

b

in the chief officer’s opinion, that information still ought to be included in the certificate.

F155

This section does not apply to any information which could be the subject of an application under section 116ZB(2).