Commentary on Sections Part 5: Criminal Records Section 42: Up-dating certificates
This section inserts section 116A into the 1997 Act.  This makes provision for updating arrangements.  Currently, an individual has to apply for a new certificate for each job or volunteering opportunity for which a certificate is required as the information on it is only valid when issued.  Updating arrangements will make a certificate portable (allowing an individual to use their certificate for a variety of positions).
The provisions enable the Department to permit a relevant person - in many circumstances this will be an employer - to ask, subject to certain conditions, whether or not there is any new information. This will be done by means of an on-line facility and will enable the relevant person to establish if the information on the certificate remains valid and up to date and whether or not a new certificate should be requested. The section includes the provision that the Department must not grant an application for an enhanced criminal record certificate to be subject to up-date arrangements if the certificate contains (or would contain) information which relates to a third party.