SCHEDULE 35 Criminal Record Certificates: Amendments of Part 5 of Police Act 1997

SCHEDULE 35 Criminal Record Certificates: Amendments of Part 5 of Police Act 1997

Section 328

1

The Police Act 1997 (c 50) is amended as follows.

2

. . .

3

(1)     Section 113 (criminal record certificates) is amended as follows.

(2)     In subsection (1)—

(a)     at the beginning there is inserted “Subject to subsection (4A)”,

(b)     in paragraph (a), after “prescribed” there is inserted “manner and”, and

(c)     in paragraph (b), after “pays” there is inserted “in the prescribed manner”.

(3)     After subsection (4) there is inserted—

“(4A)     The Secretary of State may treat an application under this section as an application under section 115 if—

(a)     in his opinion the certificate is required for a purpose prescribed under subsection (2) of that section,

(b)     the registered person provides him with the statement required by subsection (2) of that section, and

(c)     the applicant consents and pays to the Secretary of State the amount (if any) by which the fee payable in relation to an application under section 115 exceeds the fee paid in relation to the application under this section.”.

4

(1)     Section 115 (enhanced criminal record certificates) is amended as follows.

(2)     In subsection (1)—

(a)     at the beginning there is inserted “Subject to subsection (9A),”,

(b)     in paragraph (a), after “prescribed” there is inserted “manner and”, and

(c)     in paragraph (b), after “pays” there is inserted “in the prescribed manner”.

(3)     In subsection (2), for paragraphs (a) to (c) there is substituted “for such purposes as may be prescribed under this subsection”.

(4)     Subsections (3) to (5) and subsections (6C) to (6E) are

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