delete The Serious Organised Crime and Police Act 2005 (Commencement No. 15) Order 2015
This Commencement Order brings into force section 163(2) of the Serious Organised Crime and Police Act 2005 on 9th March 2015, which relates to enhanced criminal record certificates under section 113B(10)(i) and (m) of the Police Act 1997. Enhanced criminal record certificates allow designated authorities to request detailed criminal history information for purposes including licensing decisions and sensitive employment.
Enhanced criminal record certificates create government-controlled barriers to employment by enabling blanket access to sensitive personal data for licensing and employment decisions. This regulation effectively allows the state to dictate employment eligibility through criminal history disclosure, reducing job opportunities for ex-offenders (who already face significant reintegration challenges) and creating administrative monopolies on criminal record checks. The market could provide background screening services voluntarily if employers genuinely need such information. The unseen costs include perpetuating unemployment cycles for reformed offenders, reducing labour market flexibility, and transferring hiring decisions from private employers to bureaucratic processes. Deletion would allow employers and individuals to negotiate background verification voluntarily without state-mandated disclosure requirements.