Police Act 1997 Part I The National Criminal Intelligence Service The Service Authority The Service Authority for the National Criminal Intelligence Service. 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Functions General functions of the NCIS Service Authority and NCIS. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Objectives. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Service plans. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Annual reports. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Director General and other members Appointment of Director General. 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Removal of Director General by the Authority. 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Deputy Director General. 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Members of NCIS. 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Removal of certain members appointed under section 9 9A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Functions of Director General General function of Director General. 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reports by Director General to the Authority. 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Responsibility for co-ordination of police and Security Service activities. 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Service Authority’s officers and employees Officers and employees. 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appointment of clerk. 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appointment of persons not employed by the NCIS Service Authority. 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Financial provisions NCIS service fund. 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Budget statement 16A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Grants from the Secretary of State 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provision supplemental to section 17 17A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Financing by the Scottish Ministers 18A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Charges. 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Acceptance of gifts and loans. 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pensions and gratuities. 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Accounts 21A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General provisions Collaboration agreements. 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Aid by and for NCIS. 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provision of special services. 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Central supervision and direction General duty of the Secretary of State and the Scottish Ministers 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Setting of objectives. 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Setting of performance targets. 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Codes of practice. 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Codes of practice for Director General of NCIS 28A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Removal of Director General etc. 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power to give directions to NCIS Service Authority 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reports from NCIS Service Authority. 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power to give directions as to action plans 31A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedure for giving directions by the Secretary of State 31B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedure for giving directions by the Scottish Ministers 31C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reports from Director General. 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Criminal statistics. 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inquiries. 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Regulations for NCIS 34A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Regulations as to standard of equipment. 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Common services. 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Discipline and complaints Discipline regulations. 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appeals. 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Complaints. 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Information as to the manner of dealing with complaints etc. 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous Arrangements for consultation. 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Liability for wrongful acts of constables etc. 42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Causing disaffection. 43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Orders governing NCIS Service Authority. 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General Orders and regulations. 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interpretation of Part I. 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part II The National Crime Squad The Service Authority The Service Authority for the National Crime Squad. 47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Functions General functions of the NCS Service Authority and the National Crime Squad. 48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Objectives. 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Service plans. 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Annual reports. 51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Director General and other members Appointment of Director General. 52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Removal of Director General by the Authority. 53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Deputy Director General. 54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Members of the National Crime Squad. 55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Removal of certain members appointed under section 55 55A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Functions of Director General General function of Director General. 56 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reports by Director General to the Authority. 57 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Service Authority’s officers and employees Officers and employees. 58 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appointment of clerk. 59 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appointment of persons not employed by the NCS Service Authority. 60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Financial provisions NCS service fund. 61 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Budget statement 61A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Grants from the Secretary of State 62 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provision supplemental to section 62 62A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Initial financing of NCS Service Authority. 63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Charges. 64 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Acceptance of gifts and loans. 65 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pensions and gratuities. 66 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Accounts 66A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue accounts and capital finance. 67 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Financial administration. 68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Special services Provision of special services. 69 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Central supervision and direction General duty of Secretary of State. 70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Setting of objectives. 71 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Setting of performance targets. 72 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Codes of practice. 73 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Codes of practice for Director General of NCS 73A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Removal of Director General etc. 74 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power to give directions to NCS Service Authority 75 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reports from NCS Service Authority. 76 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power to give directions as to action plans 76A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedure for giving directions under sections 75 and 76A 76B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reports from Director General. 77 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Criminal statistics. 78 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inquiries. 79 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Regulations for NCS 79A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Regulations as to standard of equipment. 80 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Regulation of procedures and practices 80A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Discipline and complaints Discipline regulations. 81 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appeals. 82 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Complaints. 83 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Information as to the manner of dealing with complaints etc. 84 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous Arrangements for consultation. 85 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Liability for wrongful acts of constables etc. 86 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Causing disaffection. 87 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application to NCS Service Authority of local authority enactments. 88 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 Orders and regulations. 89 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interpretation of Part II. 90 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part III Authorisation of Action in Respect of Property The Commissioners The Commissioners. 91 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Authorisations Effect of authorisation under Part III. 92 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. Authorisations to interfere with property etc. 93 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, ab the taking of such action falling within subsection (1A), in respect of property outside the relevant area, as he may specify, or b the taking of such action in the relevant area as he may specify, in respect of wireless telegraphy. 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 or the Investigatory Powers Act 2016 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 National Crime Agency officer giving an authorisation on an application made by virtue of subsection (3)(b)(i) , an officer of Revenue and Customs , an immigration officer or the chair of the Competition and Markets Authority with the omission of— a the words “ in the relevant area ”, in each place where they occur; and b paragraph (ab). 2 This subsection applies where the authorising officer believes— a that it is necessary for the action specified to be taken for the purpose of preventing or detecting — i serious crime, or ii the use of an unmanned aircraft in the commission of a relevant offence , and b that the taking of the action is proportionate to what the action seeks to achieve. 2A Subsection (2) applies where the authorising officer is the Chief Constable or the Deputy Chief Constable of the Police Service of Northern Ireland as if the reference in subsection (2)(a) to preventing or detecting serious crime included a reference to the interests of national security. 2AA Where the authorising officer is the chair of the Competition and Markets Authority , 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. 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. 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. 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. 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. 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. 3 An authorising officer shall not give an authorisation under this section except on an application made— za if the authorising officer is within subsection (5)(a) to (c)— i by a member of the officer's police force; ... ii in a case where the chief officer of police of that force (“the authorising force”) has made an agreement under section 22A 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; 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)); zb if the authorising officer is within subsection (5)(d), by a constable of the Police Service of Scotland; a if the authorising officer is within subsection (5)(e), (ea) or (ee) , by a member of his police force, aa if the authorising officer is within subsection (5)(eb) to (ed), by a member, as the case may be, of the Royal Navy Police , the Royal Military Police or the Royal Air Force Police; aaa if the authorising officer is within subsection (5)(eda), by a member of the tri-service serious crime unit; 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); ab if the authorising officer is within subsection (5)(ef), by a member of the Civil Nuclear Constabulary; b if the authorising officer is within subsection (5)(f)— i by a National Crime Agency officer , 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; d if the authorising officer is within subsection (5)(h), by an officer of Revenue and Customs , ... da if the authorising officer is within subsection (5)(ha), by an immigration officer; 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); 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; 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); e if the authorising officer is within subsection (5)(i), by an officer of the Competition and Markets Authority . ea if the authorising officer is within subsection (5)(ia), by a staff officer of the Police Investigations and Review Commissioner. f . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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. 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. 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. 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. 3B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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, and, where the authorising officer is within subsection (5)(h), the conduct relates to an assigned matter within the meaning of section 1(1) of the Customs and Excise Management Act 1979 or, where the authorising officer is within subsection (5)(ha), any of the offences is an immigration or nationality offence . 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. 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). 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. 5 In this section “ authorising officer ” means— a the 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; 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; e the Chief Constable or a Deputy Chief Constable of the Police Service of Northern Ireland ; ea the Chief Constable of the Ministry of Defence Police; eb the Provost Marshal of the Royal Navy Police ; ec the Provost Marshal of the Royal Military Police; ed the Provost Marshal of the Royal Air Force Police; eda the Provost Marshal for serious crime; edb the Service Police Complaints Commissioner; ee the Chief Constable of the British Transport Police; ef the Chief Constable of the Civil Nuclear Constabulary; 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; h 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 for the purposes of this paragraph by the Commissioners for Her Majesty's Revenue and Customs; ... 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; 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; 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; 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; i the chair of the Competition and Markets Authority . ia the Police Investigations and Review Commissioner. j . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 In this section “ relevant area ”— a in relation to a person within paragraph (a), (b) or (c) of subsection (5) to whom an application is made by virtue of subsection (3)(za)(i) , means the area in England and Wales for which his police force is maintained; 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); 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; b in relation to a person within paragraph (d) or (ia) of subsection (5), means Scotland ; c in relation to a person within paragraph (e) of that subsection, means Northern Ireland; ca in relation to a person within paragraph (ea), means any place where, under section 2 of the Ministry 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; 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; 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); 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; 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; 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; cc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . f . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and in each case includes the adjacent United Kingdom waters. 6A For the purposes of any authorisation by a person within paragraph (eb), (ec) , (ed) , (eda) or (edb) 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 who is subject to service law or is a civilian subject to service discipline ; or b the action is taken in relation to the use of wireless telegraphy by such a person. 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. 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. 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. 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 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), 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 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— 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 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— who is a senior official within the meaning of the Regulation of Investigatory Powers Act 2000, and 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— who is a senior official within the meaning of the Regulation of Investigatory Powers Act 2000, and 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. Authorisations given in absence of authorising officer. 94 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 if the authorising officer is within paragraph (b) , (e) or (f) 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 if the authorising officer is within paragraph (a) or (c) of section 93(5), it is also not reasonably practicable for the application to be considered by his designated deputy ... 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; 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 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. 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) or (d) 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 Police Service of Northern Ireland ; 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 Royal Navy Police ; 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; 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; 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; 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 British Transport Police; 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; e where the authorising officer is within paragraph (f) of that subsection, by a person designated for the purposes of this section by the Director General of the National Crime Agency ; f where the authorising officer is within paragraph (h) of that subsection, by 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 for the purposes of this section. 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; 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; 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; 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; g where the authorising officer is within paragraph (i) of that subsection, by an officer of the Competition and Markets Authority designated by it for the purposes of this section. 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. h . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 In subsection (1), “ designated deputy ”— 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; aa . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b in 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; . . . 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; 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; 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. c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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. 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. 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. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Authorisations: form and duration etc. 95 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 the authorisation is one in relation to which the requirements of paragraphs (a) and (b) of section 93(2) are no longer satisfied. 5 An authorising officer shall cancel an authorisation given in his absence if satisfied that the authorisation is one in relation to which the requirements of paragraphs (a) and (b) of section 93(2) are no longer satisfied . 6 If the authorising officer who gave the authorisation is within paragraph (b) , (d), (e) or (f) 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) , (c) or (d) or (c) of section 93(5) by subsections (3), (4) and (5) above. Notification of authorisations etc. 96 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 Investigatory Powers Commissioner , give notice in writing that he has done so to a Judicial Commissioner . 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 a Judicial Commissioner 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 Authorisations requiring approval. 97 1 An authorisation to which this section applies shall not take effect until— a it has been approved in accordance with this section by a Judicial Commissioner , 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 a Judicial Commissioner 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 A Judicial Commissioner 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 Where a Judicial Commissioner 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 .... 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) or (e) of section 93(5), as a reference to the Commissioner of Police or, as the case may be, Chief Constable mentioned in the paragraph concerned. 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 National Crime Agency officer who is designated for the purposes of this section by the Director General of that Agency. 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— “ 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. Matters subject to legal privilege. 98 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. Confidential personal information. 99 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). Confidential journalistic material. 100 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 Complaints etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 Quashing of authorisations etc. 103 1 Where, at any time, a Judicial Commissioner 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, a Judicial Commissioner 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 a Judicial Commissioner 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 a Judicial Commissioner 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 a Judicial Commissioner 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 a Judicial Commissioner 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 a Judicial Commissioner (other than the Investigatory Powers Commissioner) 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 Investigatory Powers Commissioner ; 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. 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 any period for appealing against the decision has expired and, where an appeal is made, a decision dismissing it has been made by the Investigatory Powers Commissioner . 9 A Judicial Commissioner may exercise any of the powers conferred by this section notwithstanding any approval given under section 97. Appeals Appeals by authorising officers. 104 1 An authorising officer who gives an authorisation, or in whose absence it is given, may, within the prescribed period, appeal to the Investigatory Powers Commissioner (except where the original decision was made by that Commissioner) 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; 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 Investigatory Powers Commissioner shall, if he is satisfied that there are reasonable grounds for believing the matters specified in section 93(2), allow the appeal and direct the Judicial Commissioner concerned to approve the authorisation or renewal under that section. 4 In determining— a an appeal within subsection (1)(b), . . . b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . the Investigatory Powers Commissioner 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 an appeal within subsection (1)(c), . . . b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . the Investigatory Powers Commissioner shall allow the appeal unless he is satisfied as mentioned in section 103(2). 6 In determining— a an appeal within subsection (1)(d) or (e), . . . b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . the Investigatory Powers Commissioner 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 Investigatory Powers Commissioner 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 Investigatory Powers Commissioner shall— a in the case of an appeal within subsection (1)(b) or (c), also quash any order made by the Judicial Commissioner concerned to destroy records relating to information obtained by virtue of the authorisation concerned, . . . b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appeals by authorising officers: supplementary. 105 1 Where the Investigatory Powers Commissioner determines an appeal under section 104— a he shall give notice of his determination— i to the authorising officer concerned, and ii to the Judicial Commissioner 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 the Judicial Commissioner against whose refusal, decision or determination the appeal was made, and iii ... to the Prime Minister and the Scottish Ministers . 2 Subject to subsection (1)(b), the Investigatory Powers Commissioner 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) or (c) of section 93(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 General Supplementary provisions relating to Commissioners. 107 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interpretation of Part III. 108 1 In this Part— “ Assistant Commissioner of Police of the Metropolis ” includes the Deputy Commissioner of Police of the Metropolis; “ authorisation ” means an authorisation under section 93; “ authorising officer ” has the meaning given by section 93(5); “ criminal proceedings ” includes proceedings (whether or not before a court) in respect of a service offence within the meaning of the Armed Forces Act 2006; ... “ designated deputy ” has the meaning given in section 94(4); “ 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); “ tri-service serious crime unit ” means the unit described in section 375(1A) of the Armed Forces Act 2006; “ 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 the Wireless Telegraphy Act 2006 and, in relation to wireless telegraphy, “ interfere ” has the same meaning as in that Act. 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. 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 Police Information Technology Organisation. 109 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Relationship between the Organisation and the Secretary of State. 110 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interpretation of Part IV. 111 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part V Certificates of Criminal Records, &c. Criminal conviction certificates. 112 1 The Secretary of State DBS shall issue a criminal conviction certificate to any individual who— a makes an application ..., aa is aged 16 or over at the time of making the application, 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 or conditional caution of the applicant which is recorded in central records, or b states that there is no such conviction are no such convictions and conditional cautions . 3 In this section— “ central records ” means such records of convictions and conditional cautions held for the use of police forces generally as may be prescribed; “ 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. “ conviction ” means a conviction within the meaning of the Rehabilitation of Offenders Act 1974, other than a spent conviction. 4 Where an applicant has received a criminal conviction certificate, the Secretary of State DBS may refuse to issue another certificate to that applicant during such period as may be prescribed. Criminal record certificates. 113 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Criminal record certificates 113A 1 DBS must issue a criminal record certificate to any individual who— a makes an application ..., aa is aged 16 or over at the time of making the application, 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. 2A But an application for a criminal record certificate need not be countersigned by a registered person if— a the application is transmitted to DBS electronically by a registered person who satisfies conditions determined by DBS , and b it is transmitted in accordance with requirements determined by DBS . 3 A criminal record certificate is a certificate which— a gives the prescribed details of every relevant matter relating to the applicant which is recorded in central records, or b states that there is no such matter. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 DBS may treat an application under this section as an application under section 113B if— a in its opinion the certificate is required for a purpose prescribed under subsection (2) of that section, b the registered person provides it with the statement required by that subsection, and c the applicant consents and pays to DBS 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 which— so far as it applies to convictions, is 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; and— 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; “relevant matter”, in this section as it has effect in England and Wales, means— any of the following convictions — a conviction of an offence within subsection (6D); a conviction in respect of which a custodial sentence or a sentence of service detention was imposed; ... a current conviction; or a conviction which is not a spent conviction within the meaning of the Rehabilitation of Offenders Act 1974; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a caution given in respect of an offence within subsection (6D) where the person was aged 18 or over on the date it was given ; a current caution ; a caution which is not spent for the purposes of Schedule 2 to the Rehabilitation of Offenders Act 1974 . 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, ... 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. 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. 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 DBS under subsection (2A). 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Enhanced criminal record certificates 113B 1 DBS must issue an enhanced criminal record certificate to any individual who— a makes an application ..., aa is aged 16 or over at the time of making the application, 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 asked for a prescribed purpose. 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 DBS electronically by a registered person who satisfies conditions determined by DBS , and b it is transmitted in accordance with requirements determined by DBS . 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 DBS must request any relevant chief officer to provide any information which ...— a the chief officer reasonably believes to be relevant for the purpose described in the statement under subsection (2), and b in the chief officer's opinion, ought to be included in the certificate. 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. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 DBS may treat an application under this section as an application under section 113A if in its opinion the certificate is not required for a purpose prescribed under subsection (2). 8 If by virtue of subsection (7) DBS treats an application under this section as an application under section 113A, it 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; “ relevant chief officer ” means any chief officer of a police force who is identified by DBS for the purposes of making a request under subsection (4). ... 10 For the purposes of this section references to a police force include any of the following— a the Royal Navy Police; c the Royal Military Police; d the Royal Air Force Police; e the Ministry of Defence Police; f . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 National Crime Agency (and for this purpose a reference to the chief officer of a police force must be taken to be a reference to the Director General of the Agency); 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); 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). 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 DBS under subsection (2A). 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Suitability information relating to children 113BA 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; b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e whether the applicant is subject to a direction under section 128 of the Education and Skills Act 2008 (prohibition on participation in management of independent educational institution in England) or section 167A of the Education Act 2002 (prohibition on participation in management of independent school in Wales ). 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. Suitability information relating to vulnerable adults 113BB 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; b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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. Suitability information: power to amend 113BC 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 ; c amend section 120AC(4)(b) in consequence of an order made under paragraph (a) or (b). c amend section 120AC(4)(b) in consequence of an order made under paragraph (a) or (b). 2 Such an order is subject to annulment in pursuance of a resolution of either House of Parliament. Suitability information relating to children 113CA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Suitability information relating to protected adults 113CB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Suitability information: supplementary 113CC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Criminal record certificates: suitability relating to children 113C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Criminal record certificates: suitability relating to adults 113D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Criminal record certificates: specified children's and adults' lists: urgent cases 113E 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 The Secretary of State DBS 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 The Secretary of State DBS 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. Criminal record certificates: supplementary 113F . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Criminal record certificates: Crown employment. 114 1 The Secretary of State DBS shall issue a criminal record certificate to any individual who— a makes an application under this section ..., aa is aged 16 or over at the time of making the application, aa except in prescribed circumstances, is aged 16 or over at the time of making the application, 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 Sections 113A(3) to (6), 120AC and 120AD shall apply in relation to this section with any necessary modifications. Enhanced criminal record certificates. 115 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Enhanced criminal record certificates: judicial appointments and Crown employment. 116 1 The Secretary of State DBS shall issue an enhanced criminal record certificate to any individual who— a makes an application under this section ..., aa is aged 16 or over at the time of making the application, aa except in prescribed circumstances, is aged 16 or over at the time of making the application, 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, or a person nominated 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— a a judicial appointment, or b an appointment by or under the Crown to a position of such description as may be prescribed . 3 Sections 113B(3) to (11) , 113BA to 113BC, 120AC and 120AD shall apply in relation to this section with any necessary modifications. Copies of criminal record certificate or enhanced criminal record certificate 116ZA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application for an order for a new criminal record certificate or enhanced criminal record certificate 116ZB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Up-dating certificates 116A 1 DBS must, on the request of a relevant person and subject to subsection (2), give up-date information to that person about— a a criminal conviction certificate, b a criminal record certificate, or c an enhanced criminal record certificate, which is subject to up-date arrangements. 2 DBS may impose conditions about— a the information to be supplied in connection with such a request for the purpose of enabling the Secretary of State to decide whether the person is a relevant person, b any other information to be supplied in connection with such a request. 3 For the purposes of subsection (1) a certificate is subject to up-date arrangements if condition A, B or C is met and the arrangements have not ceased to have effect in accordance with a notice given under section 118(3B). 4 Condition A is that— a the individual who applied for the certificate made an application at the same time to DBS for the certificate to be subject to up-date arrangements, b the individual has paid in the prescribed manner any prescribed fee, c DBS has granted the application for the certificate to be subject to up-date arrangements, and d the period of 12 months beginning with the date on which the grant comes into force has not expired. 5 Condition B is that— a the individual whose certificate it is has made an application to DBS to renew or (as the case may be) further renew unexpired up-date arrangements in relation to the certificate, b the individual has paid in the prescribed manner any prescribed fee, c DBS has granted the application, d the grant has come into force on the expiry of the previous up-date arrangements, and e the period of 12 months beginning with the date on which the grant has come into force has not expired. 6 Condition C is that— a the certificate was issued under section 117(2) or 117A(5)(b), and b the certificate which it superseded— i was subject to up-date arrangements immediately before it was superseded, and ii would still be subject to those arrangements had it not been superseded. 7 DBS must not grant an application as mentioned in subsection (4)(c) or (5)(c) unless any fee prescribed under subsection (4)(b) or (as the case may be) (5)(b) has been paid in the manner so prescribed. 8 In this section “ up-date information ” means— a in relation to a criminal conviction certificate or a criminal record certificate— i information that there is no information recorded in central records which would be included in a new certificate but is not included in the current certificate, or ii advice to apply for a new certificate or (as the case may be) request another person to apply for such a certificate, b in relation to an enhanced criminal record certificate which includes suitability information relating to children or vulnerable adults— i information that there is no information recorded in central records, no information of the kind mentioned in section 113B(4), and no information of the kind mentioned in section 113BA(2) or (as the case may be) 113BB(2), which would be included in a new certificate but is not included in the current certificate, or ii advice to apply for a new certificate or (as the case may be) request another person to apply for such a certificate, and c in relation to any other enhanced criminal record certificate— i information that there is no information recorded in central records, nor any information of the kind mentioned in section 113B(4), which would be included in a new certificate but is not included in the current certificate, or ii advice to apply for a new certificate or (as the case may be) request another person to apply for such a certificate. 9 If up-date information is given under subsection (8)(a)(i), (8)(b)(i) or (8)(c)(i) and the certificate to which that information relates is one to which subsection (10) applies, the up-date information must include that fact. 10 This subsection applies to a certificate which— a in the case of a criminal conviction certificate, states that there are no convictions or conditional cautions of the applicant recorded in central records, b in the case of a criminal record certificate, is as described in section 120AC(3), and c in the case of an enhanced criminal record certificate, is as described in section 120AC(4). 11 In this section— “ central records ” has the same meaning as in section 113A, “ criminal record certificate ” includes a certificate under section 114, “ enhanced criminal record certificate ” includes a certificate under section 116, “ exempted question ” has the same meaning as in section 113A, “ relevant person ” means— in relation to a criminal conviction certificate— the individual whose certificate it is, or any person authorised by the individual, in relation to a criminal record certificate— the individual whose certificate it is, or any person who is authorised by the individual and is seeking the information for the purposes of an exempted question, and in relation to an enhanced criminal record certificate— the individual whose certificate it is, or any person who is authorised by the individual and is seeking the information for the purposes of an exempted question asked for a purpose prescribed under section 113B(2)(b). Disputes about accuracy of certificates certificates and up-date information . 117 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 in writing to the Secretary of State DBS for a new certificate. 1A 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 DBS for a decision as to whether or not the information is inaccurate. 1A 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. 1B 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 DBS for corrected up-date information. 2 The Secretary of State DBS shall consider any application under this section; and where he it is of the opinion that the information in the certificate is inaccurate , or that the wrong up-date information has been given, he it shall issue a new certificate or (as the case may be) corrected up-date information . 2A In this section— “ corrected up-date information ”, in relation to a certificate, means information which includes— information that the wrong up-date information was given in relation to the certificate on a particular date, and new up-date information in relation to the certificate, “ up-date information ” has the same meaning as in section 116A. Other disputes about section 113B(4) information 117A 1 Subsection (2) applies if a person believes that information provided in accordance with section 113B(4) and included in a certificate under section 113B or 116 — a is not relevant for the purpose described in the statement under section 113B(2) or (as the case may be) 116(2), or b ought not to be included in the certificate. 2 The person may apply in writing to the independent monitor appointed under section 119B for a decision as to whether the information is information which falls within subsection (1)(a) or (b) above. 3 The independent monitor, on receiving such an application, must ask such chief officer of a police force as the independent monitor considers appropriate to review whether the information concerned is information which— a the chief officer reasonably believes to be relevant for the purpose described in the statement under section 113B(2) or (as the case may be) 116(2), and b in the chief officer's opinion, ought to be included in the certificate. 4 In exercising functions under subsection (3), the chief officer concerned must have regard to any guidance for the time being published under section 113B(4A). 5 If, following a review under subsection (3), the independent monitor considers that any of the information concerned is information which falls within subsection (1)(a) or (b)— a the independent monitor must inform DBS of that fact, and b on being so informed, DBS must issue a new certificate. 6 In issuing such a certificate, DBS must proceed as if the information which falls within subsection (1)(a) or (b) had not been provided under section 113B(4). 7 In deciding for the purposes of this section whether information is information which falls within subsection (1)(a) or (b), the independent monitor must have regard to any guidance for the time being published under section 113B(4A). 8 Subsections (10) and (11) of section 113B apply for the purposes of this section as they apply for the purposes of that section. Review of criminal record certificates 117B Schedule 8A (which provides for an independent review of certain criminal record certificates) has effect. Evidence of identity. 118 1 The Secretary of State DBS may refuse to issue a certificate under this Part, or to consider an application as mentioned in section 116A(4)(a) or (5)(a) or an application under section 117 , 117A or 120 , unless the application is supported by such evidence of identity as he it may require. 2 In particular, the Secretary of State DBS may refuse to issue a certificate or consider an application unless the applicant— a has his fingerprints taken at such place and in such manner as may be prescribed, and b pays the prescribed fee to such person as may be prescribed. 2A For the purpose of verifying evidence of identity supplied in pursuance of subsection (1) the Secretary of State DBS may obtain such information as he it thinks is appropriate from data held— a by the United Kingdom Passport Agency; b by the Driver and Vehicle Licensing Agency; c by Driver and Vehicle Licensing Northern Ireland; d by the Secretary of State in connection with keeping records of national insurance numbers; e by such other persons or for such purposes as is prescribed. 3 Regulations dealing with the taking of fingerprints may make provision requiring their destruction in specified circumstances and by specified persons. 3A DBS by notice given in writing may require a person who has a certificate which is subject to up-date arrangements under section 116A to attend at a place and time specified in the notice to provide fingerprints for the sole purpose of enabling DBS to verify whether information in the possession of DBS that DBS considers may be relevant to the person's certificate does relate to that person. 3B If a person fails to comply with a requirement imposed under subsection (3A), DBS by notice given in writing may inform that person that, from a date specified in the notice, the person's certificate is to cease to be subject to up-date arrangements. 4 Regulations prescribing a fee for the purposes of subsection (2)(b) shall make provision for a refund in cases of an application under section 117 or 117A where a new certificate is issued. Sources of information. 119 1 Any person who holds records of convictions or cautions for the use of police forces generally shall make those records available to the Secretary of State DBS for the purpose of enabling him it to carry out a relevant function . 1ZA Any person who holds records of convictions or cautions for the use of police forces generally must make those records available to the Disclosure and Barring Service for the purpose of enabling it to carry out its functions under paragraph 1, 2, 7 or 8 of Schedule 1 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007. 1A The Secretary of State may require the Disclosure and Barring Service to make available specified information for the purpose of enabling the Secretary of State to carry out functions under this Part in relation to— a any application for a certificate or for registration; aa the provision of up-date information under section 116A; or b the determination of whether a person should continue to be a registered person. 1B The Secretary of State DBS may require the chief officer of a police force to make available such information as he it may specify for the purpose of deciding whether to make a request to that chief officer under section 113B(4) . 2 Where the chief officer of a police force receives a request under section 113B or 116 ... he shall comply with it as soon as practicable. 2A Where, in connection with the provision of up-date information under section 116A, the chief officer of a police force receives a request for information of the kind mentioned in section 113B(4), the chief officer of police must comply with it as soon as practicable. 2B Subsection (2A) (as inserted by section 10(1) of the 2019 Act) applies in relation to the following persons as it applies in relation to the chief constable of the Police Service of Scotland— a the chief constable of— i a police force in England and Wales; ii the Police Service of Northern Ireland; iii the Ministry of Defence Police; iv the British Transport Police; v the Civil Nuclear Constabulary; b the Provost Marshal of— i the Royal Navy Police; ii the Royal Military Police; iii the Royal Air Force Police; c the Director General of the National Crime Agency. 3 The Secretary of State DBS shall pay to the appropriate local policing body or police authority, ... such fee as he the Secretary of State thinks appropriate for information provided in accordance with section 120A(4) or subsection (2) of this section . 4 Any person who holds records of fingerprints for the use of police forces generally shall make those records available to the Secretary of State DBS for the purpose of enabling him it to carry out his its functions under this Part in relation to— a any application for a certificate or for registration; aa any application as mentioned in section 116A(4)(a) or (5)(a); or b the determination of whether a person should continue to be a registered person. 4A DBS may require the Secretary of State to provide it with the information and advice specified in section 113CD(2) to (6) for the purpose of enabling DBS to carry out its functions under section 113CD. 4A The Department of Justice may provide to the Disclosure and Barring Service any information it holds for the purposes of this Part in order to enable the Disclosure and Barring Service to determine whether, in relation to any person, paragraph 1, 2, 3, 5, 7, 8, 9 or 11 of Schedule 1 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 applies or appears to apply. 5 No proceedings shall lie against the Secretary of State DBS or the Disclosure and Barring Service by reason of an inaccuracy in the information made available or provided to him it or it in accordance with this section. 6 For the purposes of this section references to a police force include any body mentioned in subsections (10)(a) to (i) and (11) of section 113B and references to a chief officer must be construed accordingly. 7 In the case of such a body the reference in subsection (3) to the appropriate local policing body or police authority must be construed as a reference to such body as is prescribed. 8 In this section a relevant function is a function of the Secretary of State DBS — a under this Part in relation to any application for a certificate or for registration; aa under this Part in relation to any request under section 116A(1); b under this Part in relation to the determination of whether a person should continue to be a registered person; c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . d under paragraph 1, 2, 7 or 8 of Schedule 3 to the Safeguarding Vulnerable Groups Act 2006 (considering whether criteria prescribed for the purpose of that paragraph apply to an individual). Further sources of information: Scotland 119A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Independent monitor 119B 1 There is to be an independent monitor for the purposes of this Part. 2 The independent monitor is a person appointed by the Secretary of State— a for such period, not exceeding three years, as the Secretary of State decides; b on such terms as the Secretary of State decides. 3 A person may be appointed for a further period or periods. 4 The Secretary of State may terminate the appointment of the independent monitor before the end of the period mentioned in subsection (2)(a) by giving the monitor notice of the termination not less than three months before it is to take effect. 4A Before appointing a person to be the independent monitor, or terminating the appointment of the independent monitor, the Secretary of State must consult the Department of Justice in Northern Ireland. 5 The independent monitor must review— a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b a sample of cases in which a certificate issued under section 113B has included information in pursuance of subsection (4)(b) of that section; c a sample of cases in which the chief officer of a police force has decided that information must not be included in a certificate or report in pursuance of section 113B(4)(b) or disclosed in pursuance of section 113B(5)(c) and (6)(b) ; ca a sample of cases in which the chief officer of a police force has decided that information should be disclosed or not disclosed to DBS for the purpose of the provision by DBS of up-date information under section 116A. d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 The purpose of a review under subsection (5) is to ensure compliance with Article 8 of the European Convention of Human Rights. 7 The independent monitor must in relation to each year make a report to the Secretary of State about the performance of police forces in exercising their functions under this Part. 8 The independent monitor may make recommendations to the Secretary of State as to— a any guidance issued by the Secretary of State or which the monitor thinks it would be appropriate for the Secretary of State to issue; b any changes to any enactment which the monitor thinks may be appropriate. 8A The independent monitor has the functions conferred on the monitor by section 117A. 8A The independent monitor has the functions conferred on the monitor by section 117A. 9 The chief officer of a police force must provide to the independent monitor such information as the monitor reasonably requires in connection with the exercise of his functions under this section or section 117A . Registered persons. 120 1 For the purposes of this Part a registered person is a person who is listed in a register to be maintained by DBS for the purposes of this Part. 2 DBS shall include in the register any person who— a applies to it in writing to be registered, and b satisfies the conditions in subsections (4) to (6), ... c ... 2A Subsection (2) is subject to— a regulations under section 120ZA, b section 120A, and c section 120AA and regulations made under that section. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 A person applying for registration under this section must be— a a body corporate or unincorporate, b a person who is appointed to an office by virtue of any enactment and who, in the case of an individual, is aged 18 or over , or c an individual aged 18 or over who employs others in the course of a business. 5 A body applying for registration under this section must satisfy DBS that it— a is likely to ask exempted questions, or b is likely to act as the registered person in relation to applications under section 113A or 113B at the request of bodies or individuals asking exempted questions. 6 A person, other than a body, applying for registration under this section must satisfy DBS that he is likely to ask exempted questions. 7 In this section “ exempted question ” has the same meaning as in section 113A . Regulations about registration 120ZA 1 The Secretary of State may by regulations make further provision about registration. 2 Regulations under this section may in particular make provision for— a the payment of fees, b the information to be included in the register, c the registration of any person to be subject to conditions, d the nomination by— i a body corporate or unincorporate, or ii a person appointed to an office by virtue of any enactment, of the individuals authorised to act for it or, as the case may be, him in relation to the countersigning of applications under this Part or the transmitting of applications under section 113A(2A) or 113B(2A) , and e the refusal by the Secretary of State DBS , on such grounds as may be specified in or determined under the regulations, to accept or to continue to accept the nomination of a person as so authorised. 3 The provision which may be made by virtue of subsection (2)(c) includes provision— a for the registration or continued registration of any person to be subject to prescribed conditions or, if the regulations so provide, such conditions as the Secretary of State DBS thinks fit, and b for the Secretary of State DBS to vary or revoke those conditions. 4 The conditions imposed by virtue of subsection (2)(c) may in particular include conditions— a requiring a registered person, before acting as the registered person in relation to an application at an individual’s request, to verify the identity of that individual in the prescribed manner, b requiring an application under section 113A or 113B to be transmitted by electronic means to the Secretary of State DBS by the person who acts as the registered person in relation to the application , and c requiring a registered person to comply with any code of practice for the time being in force under section 122. Regulations about registration 120ZB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Refusal and cancellation of registration on grounds related to disclosure 120A 1 DBS may refuse to include a person in the register maintained for the purposes of this Part if it appears to it that the registration of that person is likely to make it possible for information to become available to an individual who, in DBS's opinion, is not a suitable person to have access to that information. 2 DBS may remove a person from the register if it appears to DBS — a that the registration of that person is likely to make it possible for information to become available to an individual who, in DBS's opinion, is not a suitable person to have access to that information; or b that the registration of that person has resulted in information becoming known to such an individual. 3 In determining for the purposes of this section whether an individual is a suitable person to have access to any information, DBS may have regard, in particular, to— a any information relating to that person which concerns a relevant matter; b any information relating to the person of a kind specified in subsection (3A); c any information provided to DBS under subsection (4). 3A The information is— a whether the person is barred from regulated activity; b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . d whether the person is subject to a direction under section 167A of the Education Act 2002 (prohibition on participation in management of independent school). 3B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3D Expressions used in subsection (3A) and in the Safeguarding Vulnerable Groups Act 2006 have the same meaning in that subsection as in that Act .... 4 It shall be the duty of the chief officer of any police force to comply, as soon as practicable after receiving it, with any request by DBS to provide DBS with information which— a is available to the chief officer; b relates to— i an applicant for registration; ii a registered person; or iii an individual who is likely to have access to information in consequence of a particular applicant for registration, or a particular registered person, acting as the registered person in relation to applications under this Part ; and c concerns a matter which DBS has notified to the chief officer to be a matter which, in the opinion of DBS , is relevant to the determination of the suitability of individuals for having access to the information that may be provided in consequence of a person acting as the registered person in relation to applications under this Part. 5 In this section “ relevant matter ” has the same meaning as in section 113A . 6 For the purposes of this section references to a police force include any body mentioned in subsections (10)(a) to (i) and (11) of section 113B and references to a chief officer must be construed accordingly. 7 The Secretary of State may by order made by statutory instrument amend subsection (3A) for the purpose of altering the information specified in that subsection. 8 Such an order is subject to annulment in pursuance of a resolution of either House of Parliament. Refusal, cancellation or suspension of registration on other grounds 120AA 1 Regulations may make provision enabling DBS in prescribed cases to refuse to register a person who, in the opinion of DBS , is likely to act as the registered person in relation to fewer applications under this Part in any period of twelve months than a prescribed minimum number. 2 Subsection (3) applies where a registered person— a is, in the opinion of DBS , no longer likely to wish to act as the registered person in relation to applications under this Part, b has, in any period of twelve months during which he was registered, acted as the registered person in relation to fewer applications under this Part than the minimum number specified in respect of him by regulations under subsection (1), or c has failed to comply with any condition of his registration. 3 Subject to section 120AB, DBS may— a suspend that person’s registration for such period not exceeding 6 months as DBS thinks fit, or b remove that person from the register. 4 Subsection (6) applies if an application is made under section 120 by an individual who— a has previously been a registered person; and b has been removed from the register (otherwise than at that individual's own request). 5 Subsection (6) also applies if an application is made under section 120 by a body corporate or unincorporate which— a has previously been a registered person; and b has been removed from the register (otherwise than at its own request). 6 DBS may refuse the application. Procedure for cancellation or suspension under section 120AA 120AB 1 Before cancelling or suspending a person’s registration by virtue of section 120AA, the Secretary of State DBS must send him its written notice of his intention to do so. 2 Every such notice must— a give the Secretary of State’s DBS's reasons for proposing to cancel or suspend the registration, and b inform the person concerned of his right under subsection (3) to make representations. 3 A person who receives such a notice may, within 21 days of service, make representations in writing to the Secretary of State DBS as to why the registration should not be cancelled or suspended. 4 After considering such representations, the Secretary of State DBS must give the registered person written notice— a that at the end of a further period of six weeks beginning with the date of service, the person’s registration will be cancelled or suspended, or b that he it does not propose to take any further action. 5 If no representations are received within the period mentioned in subsection (3) the Secretary of State DBS may cancel or suspend the person’s registration at the end of the period mentioned in that subsection. 6 Subsection (1) does not prevent the Secretary of State DBS from imposing on the registered person a lesser sanction than that specified in the notice under that subsection. 7 Any notice under this section that is required to be given in writing may be given by being transmitted electronically. 8 This section does not apply where— a the Secretary of State DBS is satisfied, in the case of a registered person other than a body, that the person has died or is incapable, by reason of physical or mental impairment, of acting as the registered person in relation to applications under this Part, or b the registered person has requested to be removed from the register. 9 The Secretary of State may by regulations amend subsection (4)(a) by substituting for the period there specified, such other period as may be specified in the regulations. Registered persons: information on progress of an application 120AC 1 DBS must, in response to a request from a person who is acting as the registered person in relation to an application under section 113A or 113B, inform that person whether or not a certificate has been issued in response to the application. 2 Subsections (3) and (4) apply if, at the time a request is made under subsection (1), a certificate has been issued. 3 In the case of a certificate under section 113A, if it was a certificate stating that there is no relevant matter recorded in central records, DBS may inform the person who made the request that the certificate was such a certificate. 4 In the case of a certificate under section 113B, if it was a certificate— a stating that there is no relevant matter recorded in central records and no information provided in accordance with subsection (4) of that section, and b if section 113BA(1) or 113BB(1) applies to the certificate, containing no suitability information indicating that the person to whom the certificate is issued— i is barred from regulated activity relating to children or to vulnerable adults, or ii is subject to a direction under 128 of the Education and Skills Act 2008 or section 167A of the Education Act 2002, DBS may inform the person who made the request that the certificate was such a certificate. 5 If no certificate has been issued, DBS must inform the person who made the request of such other matters relating to the processing of the application as DBS considers appropriate. 6 Subject to subsections (2) to (4), nothing in this section permits DBS to inform a person who is acting as the registered person in relation to an application under section 113A or 113B of the content of any certificate issued in response to the application. 7 DBS may refuse a request under subsection (1) if it is made after the end of a prescribed period beginning with the day on which the certificate was issued. 8 In this section— “ central records ” and “ relevant matter ” have the same meaning as in section 113A, “ suitability information ” means information required to be included in a certificate under section 113B by virtue of section 113BA or 113BB. 9 Expressions in subsection (4)(b) and in the Safeguarding Vulnerable Groups Act 2006 have the same meaning in that paragraph as in that Act. Registered persons: copies of certificates in certain circumstances 120AD 1 Subsection (2) applies if— a DBS gives up-date information in relation to a criminal record certificate or enhanced criminal record certificate, b the up-date information is advice to apply for a new certificate or (as the case may be) request another person to apply for such a certificate, and c the person whose certificate it is in respect of which the up-date information is given applies for a new criminal record certificate or (as the case may be) enhanced criminal record certificate. 2 DBS must, in response to a request made within the prescribed period by the person who is acting as the registered person in relation to the application, send to that person a copy of any certificate issued in response to the application if the registered person— a has counter-signed the application or transmitted it to DBS under section 113A(2A) or 113B(2A), b has informed DBS that the applicant for the new certificate has not, within such period as may be prescribed, sent a copy of it to a person of such description as may be prescribed, and c no prescribed circumstances apply. 3 The power under subsection (2)(b) to prescribe a description of person may be exercised to describe the registered person or any other person. 4 In this section “ up-date information ” has the same meaning as in section 116A. Performance by constables on central service in Scotland of functions under this Part. 121 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Code of practice. 122 1 The Secretary of State shall publish, and may from time to time revise, a code of practice in connection with the use of information provided to , or the discharge of any function by, registered persons under this Part. 1A The reference in subsection (1) to the use of information provided to registered persons under this Part includes a reference to the use of information provided in accordance with section 116A(1) to relevant persons (within the meaning of that section) who are not registered persons under this Part. 2 The Secretary of State shall lay before Parliament the code of practice under this section as soon as practicable after publication and after revision. 3 Subsection (3A) applies if the Secretary of State DBS thinks that the registered person who countersigned person who acted as the registered person in relation to an application for a certificate under section 113A or 113B — a has failed to comply with the code of practice under this section, or b countersigned acted as the registered person at the request of a body which, or individual who, has failed to comply with the code of practice. 3A The Secretary of State DBS may— a refuse to issue the certificate; b suspend the registration of the person; c cancel the registration of the person. 3B Section 120AB applies if the Secretary of State DBS proposes to suspend or cancel a person's registration under subsection (3A) above as it applies if he it proposes to suspend or cancel a person's registration by virtue of section 120AA. Delegation of functions of Secretary of State 122A 1 The Secretary of State may, to such extent and subject to such conditions as he thinks fit, delegate any relevant function of his under this Part to such person as he may determine. 2 A function is relevant for the purposes of subsection (1) if it does not consist of a power— a to make regulations, or b to publish or revise a code of practice or to lay any such code before Parliament. 3 A delegation under subsection (1) may be varied or revoked at any time. Delegation of functions of Scottish Ministers 122B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offences: falsification, &c. 123 1 A person commits an offence if, with intent to deceive, he— a makes a false certificate under this Part, b alters a certificate under this Part, c uses a certificate under this Part which relates to another person in a way which suggests that it relates to himself, or d allows a certificate under this Part which relates to him to be used by another person in a way which suggests that it relates to that other person. 2 A person commits an offence if he knowingly makes a false statement for the purpose of obtaining, or enabling another person to obtain, a certificate under this Part. 3 A person who is guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both. Offences: disclosure. 124 1 A member, officer or employee of a body registered under section 120 commits an offence if he discloses information provided following an application under section 113A or 113B unless he discloses it, in the course of his duties,— a to another member, officer or employee of the registered body, b to a member, officer or employee of a body at the request of which the registered body countersigned acted as the registered person in relation to the application, or c to an individual at whose request the registered body countersigned acted as the registered person in relation to the relevant application. 2 Where information is provided under section 113A or 113B following an application countersigned in relation to which the person who acted as the registered person did so at the request of a body which is not registered under section 120, a member, officer or employee of the body commits an offence if he discloses the information unless he discloses it, in the course of his duties, to another member, officer or employee of that body. 3 Where information is provided under section 113A or 113B following an application countersigned by or at the request of an individual in relation to which an individual acted as the registered person, or in relation to which the person who acted as the registered person did so at the request of an individual — a the individual commits an offence if he discloses the information unless he discloses it to an employee of his for the purpose of the employee’s duties, and b an employee of the individual commits an offence if he discloses the information unless he discloses it, in the course of his duties, to another employee of the individual. 4 Where information provided under section 113A or 113B is disclosed to a person and the disclosure— a is an offence under this section, or b would be an offence under this section but for subsection ... (6)(a), (d), (e) or (f), the person to whom the information is disclosed commits an offence (subject to subsection (6) ) if he discloses it to any other person. 5 Subsections (1) to (4) do not apply to a disclosure of information provided in accordance with section 113B(5) which is made with the written consent of the chief officer who provided the information. 6 Subsections (1) to (4) do not apply to a disclosure of information contained in a certificate under section 113A or 113B which is made— a with the written consent of the applicant for the certificate, or b to a government department, or c to a person appointed to an office by virtue of any enactment, or d in accordance with an obligation to provide information under or by virtue of any enactment, or e for the purposes of answering an exempted question (within the meaning of section 113A ) of a kind specified in regulations made by the Secretary of State, or f for some other purpose specified in regulations made by the Secretary of State. 7 A person who is guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 3 on the standard scale, or to both. Further offences: disclosure of information obtained in connection with delegated function 124A 1 Any person who is engaged in the discharge of functions conferred by this Part on the Secretary of State DBS commits an offence if he discloses information which has been obtained by him in connection with those functions and which relates to a particular person unless he discloses the information, in the course of his duties,— a to another person engaged in the discharge of those functions, b to the chief officer of a police force in connection with a request under this Part to provide information to the Secretary of State DBS , or c to an applicant ... who is entitled under this Part to the information disclosed to him. 2 Where information is disclosed to a person and the disclosure— a is an offence under subsection (1), or b would be an offence under subsection (1) but for subsection (3)(a), (d) or (e), the person to whom the information is disclosed commits an offence if he discloses it to any other person. 3 Subsection (1) does not apply to a disclosure of information which is made— a with the written consent of the person to whom the information relates, b to a government department, c to a person appointed to an office by virtue of any enactment, d in accordance with an obligation to provide information under or by virtue of any enactment, or e for some other purpose specified in regulations made by the Secretary of State. 4 A person who is guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 3 on the standard scale, or to both. 5 In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003, the reference in subsection (4) to 51 weeks is to be read as a reference to 6 months. 6 For the purposes of this section the reference to a police force includes any body mentioned in subsections (10)(a) to (i) and (11) of section 113B and the reference to a chief officer must be construed accordingly. 6A For the purposes of this section the reference to an applicant includes a person who makes a request under section 116A(1), 120AC(1) or 120AD(2). Scottish annotated list of certificated persons 124B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Regulations. 125 1 Anything authorised or required by any provision of this Part to be prescribed shall be prescribed by regulations made by the Secretary of State. 1A In prescribing the amount of a fee that— a is payable in relation to applications under a particular provision of this Part, but b is not payable in relation to applications made by volunteers, the Secretary of State may take into account not only the costs associated with applications in relation to which the fee is payable but also the costs associated with applications under that provision made by volunteers. 2 Regulations under this Part shall be made by statutory instrument. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 A statutory instrument ... shall be subject to annulment pursuant to a resolution of either House of Parliament. 5 Regulations under this Part may make different provision for different cases. 6 If the power mentioned in subsection (1) is exercised by the Scottish Ministers, the reference in subsection (3) subsection (4) to each House of Parliament must be construed as a reference to the Scottish Parliament. Form of applications 125A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Form of applications 125B 1 The Secretary of State DBS may determine the form, manner and contents of an application for the purposes of any provision of this Part. 2 A determination may, in particular, impose requirements about the form or manner in which an electronic application is to be signed or countersigned. 3 In this section “ application ” includes a request under section 116A(1), 120AC(1) or 120AD(2). Interpretation of Part V. 126 1 In this Part— “ caution ” means a caution given to a person in England and Wales or Northern Ireland in respect of an offence which, at the time when the caution is given, he has admitted; “ certificate ” means any one or more documents issued in response to a particular application but does not include any documents issued in response to— a request under section 116A(1), an application as mentioned in section 116A(4)(a) or (5)(a), or a request under section 120AC or 120AD ; “ chief officer ” means— a chief officer of police of a police force in England and Wales, the chief constable of the Police Service of Scotland, and the Chief Constable of the Police Service of Northern Ireland ; “ DBS ” means the Disclosure and Barring Service established by section 87(1) of the Protection of Freedoms Act 2012; “ the Department ” means the Department of Justice in Northern Ireland; “ government department ” includes a Northern Ireland department; “ Minister of the Crown ” includes a Northern Ireland department; “ police authority ” means— the Scottish Police Authority, and the Northern Ireland Policing Board ; “ police force ” means— a police force in Great Britain, and the Police Service of Northern Ireland and the Police Service of Northern Ireland Reserve ; “ prescribed ” shall be construed in accordance with section 125(1); “ tri-service serious crime unit ” means the unit described in section 375(1A) of the Armed Forces Act 2006. 2 In the application of this Part to Northern Ireland, a reference to the Rehabilitation of Offenders Act 1974, or to a provision of that Act, shall be construed as a reference to the Rehabilitation of Offenders (Northern Ireland) Order 1978 or, as the case may be, to the corresponding provision of that order. 3 In the application of this Part to Northern Ireland a reference to the Safeguarding Vulnerable Groups Act 2006, or to a provision of that Act, shall be construed as a reference to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 or, as the case maybe, to the corresponding provision of that Order. 3 In the application of this Part to Scotland references to the Secretary of State must be construed as references to the Scottish Ministers. 4 Subsection (3) does not apply to section 118(2A)(d) or 124A(1) and (2). Protected convictions 126ZA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offences in schedules 8A and 8B 126ZB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 5: Modifications for Northern Ireland 126A 1 This Part applies to Northern Ireland subject to the following modifications. 2 Any reference to the Secretary of State, except in— a section 118(2A)(d), b section 119(1), (3), (5) and (8), c section 119B(2), (4) and (4A), and d section 122A as it applies to a function of the Secretary of State under section 119 or 119B(2), (4) or (4A), shall be construed as a reference to the Department of Justice in Northern Ireland. 3 Section 119 has effect subject to the following modifications— a in subsection (1), in relation to a relevant function within subsection (8)(a) or (b), any reference to the Secretary of State shall be construed as a reference to the Department of Justice in Northern Ireland; b in subsection (3), except in relation to a request for the purposes of the provision of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 that corresponds to section 24 of the Safeguarding Vulnerable Groups Act 2006, any reference to the Secretary of State shall be construed as a reference to the Department of Justice in Northern Ireland; c subsections (5) and (8) have effect as if any reference to the Secretary of State included a reference to the Department of Justice in Northern Ireland. 4 The following provisions shall not have effect— a section 113A(8); b in section 113BC— i in subsection (1) the words “made by statutory instrument”; ii subsection (2); c in section 120A— i in subsection (7) the words “made by statutory instrument”; ii subsection (8); d section 125(2), (4) and (6). 5 In section 122 any reference to Parliament shall be construed as a reference to the Northern Ireland Assembly. 6 In relation to the delegation of any function of the Department of Justice, any reference in section 122A to Parliament shall be construed as a reference to the Northern Ireland Assembly. 7 Any power of the Department of Justice under this Part to make orders or regulations shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979. 8 No order shall be made by the Department of Justice under section 113A(7) unless a draft of it has been laid before, and approved by a resolution of, the Northern Ireland Assembly. 9 Any other order or regulations made under this Part by the Department of Justice shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954). 10 Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of this Part in relation to the laying of anything before the Northern Ireland Assembly as it applies in relation to the laying of a statutory document under an enactment. Saving: disclosure of information and records. 127 Nothing in sections 112 to 119 shall be taken to prejudice any power which exists apart from this Act to disclose information or to make records available. Part VI Miscellaneous Amendments of Police Act 1996 Regulations for special constables and police cadets. 128 1 In section 51 of the Police Act 1996 (regulations for special constables), after subsection (3) there shall be inserted— 3A In relation to any matter as to which provision may be made by regulations under this section, the regulations may— a authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, police authorities, chief officers of police or other persons, or b authorise or require the delegation by any person of functions conferred on that person by or under the regulations. . 2 In section 52 of that Act (regulations for police cadets) after subsection (1) there shall be inserted— 1A In relation to any matter as to which provision may be made by regulations under this section, the regulations may— a authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, police authorities, chief officers of police or other persons, or b authorise or require the delegation by any person of functions conferred on that person by or under the regulations. . Change of name or description of certain police areas. 129 In Schedule 1 to the Police Act 1996 (police areas for England and Wales except London)— a in the entry in the first column for “Humberside” there shall be substituted “ Humber ” ; b in the entry in the second column opposite the name of the Dyfed Powys police area for “Cardiganshire” there shall be substituted “ Ceredigion ” ; c for the entry in that column opposite the name of the North Wales police area there shall be substituted— The counties of the Isle of Anglesey, Gwynedd, Denbighshire and Flintshire and the county boroughs of Conwy and Wrexham. ; d in the entry in that column opposite the name of the South Wales police area for “Neath and Port Talbot” there shall be substituted “ Neath Port Talbot ” . Amendments of Police Act (Northern Ireland) 1970 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 Rehabilitation of Offenders Rehabilitation of Offenders. 133 The following provisions (which restrict the effect of the Rehabilitation of Offenders Act 1974 and the Rehabilitation of Offenders (Northern Ireland) Order 1978) shall cease to have effect— a section 189 of, and Schedule 14 to, the Financial Services Act 1986; b section 95 of the Banking Act 1987; c section 39 of the Osteopaths Act 1993; d section 19 of the National Lottery etc. Act 1993; e section 40 of the Chiropractors Act 1994. Part VII General Meaning of “prevention” and “detection”. 133A Section 81(5) of the Regulation of Investigatory Powers Act 2000 (meaning of “ prevention ” and “ detection ”) shall apply for the purposes of this Act as it applies for the purposes of that Act . Amendments and repeals. 134 1 Schedule 9 (minor and consequential amendments) shall have effect. 2 The enactments mentioned in Schedule 10 are hereby repealed to the extent specified in the third column of that Schedule. Commencement. 135 1 The preceding provisions of this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint. 2 An order under this section may— a appoint different days for different purposes or different areas, and b make transitional provision and savings (including provision modifying this Act). 3 An order under this section may, in relation to Part I, II or IV make provision— a for the transfer and apportionment of property and for the transfer, apportionment and creation of rights and liabilities; b for the transfer of members of police forces in Great Britain, members of the Police Service of Northern Ireland and other persons; c for the Secretary of State, or any other person nominated by or in accordance with the order, to determine any matter requiring determination under or in consequence of the order; d as to the payment of fees charged, or expenses incurred, by any person nominated to determine any matter by virtue of paragraph (c). 4 Any day appointed by an order under this section for the coming into force of section 93, 94 or 95 of this Act shall not be earlier than the day on which a code of practice issued under section 101 comes into operation. 5 A statutory instrument containing provisions made by virtue of subsection (2)(b) or (3) shall be subject to annulment in pursuance of a resolution of either House of Parliament. Police: co-operation on implementation. 136 It shall be the duty of police authorities for areas in Great Britain, and the Northern Ireland Policing Board , and their staff to co-operate with each other, and generally to exercise their functions, so as to facilitate the implementation of Parts I and II of this Act and any transfer of property or staff made by an order under section 135. Extent. 137 1 Subject to subsections (2) to (4), this Act extends throughout the United Kingdom. 2 The following provisions of this Act extend to England and Wales only— a Part II; b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e sections 128 and 129. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 The amendments in Schedules 6 and 9, and the repeals in Schedule 10, have the same extent as the enactments to which they refer. Short title. 138 This Act may be cited as the Police Act 1997.