1 The Police Act 1997 (c. 50) is amended as follows.
2 In section 112 (criminal conviction certificates), in subsection (1)(a), after "prescribed" there is inserted "manner and".
3 (1) Section 113 (criminal record certificates) is amended as follows.
(2) In subsection (1)—
(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—
4 (1) Section 115 (enhanced criminal record certificates) is amended as follows.
(2) In subsection (1)—
(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 omitted.
(5) After subsection (9) there is inserted—
"(9A) The Secretary of State may treat an application under this section as an application under section 113 if in his opinion the certificate is not required for a purpose prescribed under subsection (2).
(9B) Where by virtue of subsection (9A) the Secretary of State treats an application under this section as an application under section 113, he 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 113."
5 In section 116 (enhanced criminal record certificates: judicial appointments and Crown employment), in subsection (2)(b), for the words from "to which" onwards there is substituted "of such description as may be prescribed".
6 (1) Section 120 (registered persons) is amended as follows.
(2) For subsection (2) there is substituted—
"(2) Subject to regulations under section 120ZA and 120AA and to section 120A the Secretary of State shall include in the register any person who—
(3) Subsection (3) is omitted.
7 After section 120 there is inserted—
"120ZA Regulations about registration.
(1) The Secretary of State may by regulations make further provision about registration.
(2) Regulations under this section may in particular make provision for—
(3) The provision which may be made by virtue of subsection (2)(c) includes provision—
(4) The conditions imposed by virtue of subsection (2)(c) may in particular include conditions—
8 At the end of the sidenote to section 120A (refusal and cancellation of registration) there is inserted "on grounds related to disclosure".
9 After section 120A there is inserted—
"120AA Refusal, cancellation or suspension of registration on other grounds
(1) Regulations may make provision enabling the Secretary of State in prescribed cases to refuse to register a person who, in the opinion of the Secretary of State, is likely to countersign fewer applications under this Part in any period of twelve months than a prescribed minimum number.
(2) Subsection (3) applies where a registered person—
(3) Subject to section 120AB, the Secretary of State may—
120AB Procedure for cancellation or suspension under section 120AA
(1)Before cancelling or suspending a person's registration by virtue of section 120AA, the Secretary of State must send him written notice of his intention to do so.
(2) Every such notice must—
(3) A person who receives such a notice may, within 21 days of service, make representations in writing to the Secretary of State as to why the registration should not be cancelled or suspended.
(4) After considering such representations, the Secretary of State must give the registered person written notice—
(5) If no representations are received within the period mentioned in subsection (3) the Secretary of State 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 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—
(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."
10 After section 122 there is inserted—
"122A Delegation of functions of Secretary of State
(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—
(3) A delegation under subsection (1) may be varied or revoked at any time."
11 After section 124 (offences: disclosure) there is inserted—
"124A Further offences: disclosure of information obtained in connection with delegated function
(1) Any person who is engaged in the discharge of functions conferred by this Part on the Secretary of State 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,—
(2) Where information is disclosed to a person and the disclosure—
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—
(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."
12 In section 125 (regulations)—
Brought up, read the First and Second time, and added to the Bill.