The Police Act 1997 (Criminal Records) (Amendment) Regulations 2013

Made: 20th May 2013

Laid before Parliament: 23rd May 2013

Coming into force: 17th June 2013

The Secretary of State, in exercise of the powers conferred by sections 113B(2)(b), 116A(4)(b), 116A(5)(b), 116A(7), 120AD(2) and 125 of the Police Act 1997[^f00001], makes the following Regulations.

Citation, commencement and extent

1

• (1) These Regulations may be cited as the Police Act 1997 (Criminal Records) (Amendment) Regulations 2013 and shall come into force on 17th June 2013.

• (2) These Regulations extend to England and Wales.

Amendment of the Police Act 1997 (Criminal Records) Regulations 2002

2

• (1) The Police Act 1997 (Criminal Records) Regulations 2002[^f00002] are amended as follows.

• (2) In regulation 2 at the appropriate places insert—

• “adult” means a person who has attained the age of 18;

• “area committee” has the same meaning as in section 18 of the Local Government Act 2000[^f00003];

• “charity” and “charity trustee” have the same meanings as in the Charities Act 2011[^f00004];

• “executive”, in relation to a local authority, has the same meaning as in Part 2 of the Local Government Act 2000;

• “local authority” has the same meaning as in the Education Act 1996[^f00005];

• “social services functions”, in relation to a local authority, has the same meaning as in the Local Authority Social Services Act 1970[^f00006];

• (3) For regulation 5A(b) substitute the following paragraph—

(b) considering the applicant’s suitability to engage in any activity which is work with adults.

• (4) Omit regulation 5A(ba).

• (5) After regulation 5A insert the provisions set out in the Schedule to these Regulations.

SCHEDULE

Signed

Taylor of Holbeach — Parliamentary Under-Secretary of State — Home Office — 20th May 2013

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the Police Act 1997 (Criminal Records) Regulations 2002 to substitute new prescribed purposes for which an enhanced criminal record certificate may be required in accordance with a statement made by a registered person under section 113B(2)(b) of the Police Act 1997. In particular, the new prescribed purposes include the consideration of a person’s suitability to “work with adults”, which is defined in new regulation 5B.

These Regulations also insert a new regulation 6 into the 2002 Regulations which prescribes the fees for requesting up-date information about a person’s criminal conviction certificate, criminal record certificate or enhanced criminal record certificate under section 116A of the Police Act 1997.

A new regulation 7 is also inserted by these Regulations. Regulation 7 sets out certain conditions which must be satisfied before a copy of a criminal record certificate or an enhanced criminal record certificate can be provided to a registered person in response to a request for such a copy.

Footnotes

[^f00001]: 1997 c. 50. Section 113B(2) was inserted by section 163(2) of the Serious Organised Crime and Police Act 2005 (c. 15) and amended by section 63(1) of, and paragraph 14(1) and (3) of Schedule 9 to, the Safeguarding Vulnerable Groups Act 2006 (c. 47). Section 116A will be inserted by section 83 of the Protection of Freedoms Act 2012 (c. 9). Section 120AD will be inserted by section 79 of the Protection of Freedoms Act 2012.

[^f00002]: S.I. 2002/233; regulation 5A was inserted by S.I. 2006/748; relevant amending instruments are S.I. 2006/2181, 2007/1892, 2007/3224, 2008/2143, 2009/1882, 2010/577, 2010/817, 2010/1836, 2012/523, 2012/979, 2012/2114 and 2012/3016.

[^f00003]: 2000 c. 22.

[^f00004]: 2011 c. 25.

[^f00005]: 1996 c. 56.

[^f00006]: 1970 c. 42.

[^f00007]: 2006 c. 41. Section 4 has been amended by section 16 of the Health and Social Care Act 2012 (c. 7).

[^f00008]: 2006 c. 47.

[^f00009]: 1970 c. 42. Section 1 has been amended by section 195 of the Local Government Act 1972 (c. 70) and paragraph 7 of Schedule 10 to the Local Government (Wales) Act 1994 (c. 19).

[^f00010]: 2000 c. 14. Section 11 has been amended by paragraph 106 of Schedule 3 to the Adoption and Children Act 2002 (c. 38), paragraph 20 of Schedule 9 to the Health and Social Care (Community Health and Standards) Act 2003 (c. 43), paragraph 42 of Schedule 14 to the Education and Inspections Act 2006 (c. 40), paragraph 1 of Schedule 15(1) to the Health and Social Care Act 2008 (c. 14) and paragraph 10(b) of Schedule 5(1) of the Health and Social Care Act 2008 (c. 14).

[^f00011]: Section 42 has been amended by paragraph 28 of Schedule 5(1) to the Health and Social Care Act 2008 (c. 14) and paragraph 1 of Schedule 15(1) to the 2008 Act.

[^f00012]: 2003 c. 43. Section 148 has been amended by paragraph 246 of Schedule 1 to the National Health Service (Consequential Provisions) Act 2006 (c. 43), paragraph 1 of Schedule 18(9) to the Local Government and Public Involvement in Health Act 2007 (c. 28), paragraph 93 of Schedule 14 to the Education and Inspections Act 2006 (c. 40), paragraph 1 of Schedule 15(1) to the Health and Social Care Act 2008 (c. 14) and S.I. 2012/961.

[^f00013]: 2008 c. 14.

[^f00014]: 2004 c. 31. There are amendments to section 18 which are not relevant to these Regulations.

[^f00015]: 1996 c. 56. Section 337 was substituted by section 142 of the Education and Skills Act 2008 (c. 25). It has been amended by paragraph 7(2) of Schedule 2(1) to the Local Education Authorities and Children’s Service Authorities (Integration of Functions) Order 2010/1158, paragraph 2 of Schedule 2 to the Academies Act 2010 (c. 32) and paragraph 9(6) of Schedule 13 to the Education Act 2011 (c. 21).

[^f00016]: Section 463 has been amended by paragraph 7(2) of Schedule 2(1) of the Local Education Authorities and Children’s Service Authorities (Integration of Functions) Order 2010/1158.

[^f00017]: There are amendments to section 312 which are not relevant to these Regulations.

[^f00018]: There are amendments to section 347 which are not relevant to these Regulations.

[^f00019]: 1992 c. 13. Section 91 has been amended by paragraph 1 of Schedule 11 to the Learning and Skills Act 2000 (c. 21) and paragraph 13 of Schedule 8 to the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22).

[^f00020]: 2010 c. 32. Section 1B was inserted by section 53(7) of the Education Act 2011 (c. 21).

[^f00021]: 1948 c. 29. Section 21(1)(aa) was inserted by section 42 of the National Health Service and Community Care Act 1990 (c. 19).

[^f00022]: 2006 c. 41.

[^f00023]: 1952 c. 52. There are amendments to sections 43 and 53(1) which are not relevant to these Regulations.

[^f00024]: 1999 c. 33.

[^f00025]: There are amendments to section 156 of the Immigration and Asylum Act 1999 (c. 33) which are not relevant to these Regulations.

[^f00026]: 2000 c. 43.

[^f00027]: 2007 c. 21.

[^f00028]: 2005 c. 9.

[^f00029]: 2006 c. 41.

[^f00030]: 2006 c. 42.

[^f00031]: 1992 c. 5.

[^f00032]: 2001 c. 15. There are amendments to section 57 which are not relevant to these Regulations.

[^f00033]: Section 12A was inserted by section 11 of the Health Act 2009 (c. 21). It has been amended by paragraph 10 of Schedule 4 to the Health and Social Care Act 2012 (c. 7).

[^f00034]: Section 120AD will be inserted by section 79 of the Protection of Freedoms Act 2012 (c. 9).

[^f00035]: Section 117A was inserted by section 82(5) of the Protection of Freedoms Act 2012 (c. 9) and has been amended by S.I. 2012/3006.

[^f00036]: Section 113B(4) was inserted by section 163(2) of the Serious Organised Crime and Police Act 2005 (c. 15). It has been amended by section 82 of the Protection of Freedoms Act 2012 (c. 9) and S.I. 2012/3006.