The Act Commentary on Sections Schedule 9: Consequential amendments Part 7: Criminal records
468.Paragraph 109 extends the power of the Criminal Records Bureau (“CRB”) to require an applicant for a criminal record certificate or an enhanced criminal record certificate to provide their fingerprints where there is a dispute about that person’s identity in relation to the new up-date arrangements (provided for under section 83 of this Act).
469.Paragraph 110 amends the Police Act 1997 (“the 1997 Act”) to ensure that the CRB can access barred list information for the purposes of providing up-date information on criminal record and enhanced criminal record certificates under section 83 (of this Act).
470.Paragraph 111 extends the functions of the independent monitor (appointed under section 119B of the 1997 Act) to review the disclosure of non-conviction information in an enhanced criminal record certificate, so that the independent monitor can also sample cases in which chief police officers provide or do not provide non-conviction information for the purposes of the up-dating arrangements.
471.Paragraph 114 omits section 122(3A)(a) of the 1997 Act which enables the Secretary of State to refuse to issue a criminal record certificate or an enhanced criminal record certificate where the registered body that countersigned the application for the certificate has failed to comply with the code of practice issued under section 122(1) (such a code provides guidance to registered bodies on the discharge of their functions and on the use of the information contained in a certificate). This provision is redundant as a result of section 79 which removes the requirement on the Secretary of State to send a copy of a criminal record certificate or an enhanced criminal record certificate to the registered body which countersigned the application for a certificate.