The Police Act 1997 (Criminal Records) (Scotland) Regulations2010

Publication Date:January 01, 2010
 
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2010No. 168

POLICE

The Police Act 1997 (Criminal Records) (Scotland) Regulations2010

28thApril2010

29thApril2010

The Scottish Ministers make the following Regulations in exercise of the powers conferred by the provisions of the Police Act 1997( 1) which are specified in the Scheduleto these Regulations and all other powers enabling them to do so.

Citation, commencement and extent

1.-(1)These Regulations may be cited as the Police Act 1997 (Criminal Records) (Scotland) Regulations2010 and come into force on the same day as section78 of the Protection of Vulnerable Groups (Scotland) Act 2007( 2).

(2)These Regulations extend to Scotland and, in so far as regulations5 and 7 to16 extend beyond Scotland, they do so only as a matter of Scots law.

Interpretation

2.In these Regulations-

(a) any reference to a numbered section or part is to the section or part bearing that number in the Police Act 1997;

(b) any reference to a numbered regulation is to the regulation bearing that number in these Regulations;

(c) any reference in a regulation to a numbered paragraph is to the paragraph bearing that number in that regulation; and

(d) any words or expressions used in these Regulations to which meanings are assigned by Part5 of the Police Act 1997 have the same meanings as in that Part of that Act.

Criminal conviction certificates, criminal record certificates and enhanced criminal record certificates: prescribed fees and manner of payment

3.-(1)The fee prescribed in relation to an application for the issue of-

(a) a criminal conviction certificate is £25;

(b) a criminal record certificate is £25;

(c) an enhanced criminal record certificate is £25.

(2)Payments by cheque, credit or debit card, voucher, postal order, direct debit or invoice are prescribed as the manner in which payment of the fees prescribed under paragraph (1) can be made.

Criminal conviction certificates: prescribed details

4.The following details of a conviction are prescribed for the purposes of section112(2)(a)-

(a) the date of the conviction;

(b) the convicting court;

(c) the offence; and

(d) the method of disposal for the offence.

Central records: prescribed details

5.-(1)Information in any form relating to convictions-

(a) held in the criminal history database of the Scottish Police Services Authority for the use of police forces generally;

(b) on a names database held by the National Policing Improvement Agency for the use of police forces generally; and

(c) held in the criminal records database of the Criminal Justice System Northern Ireland for the use of police forces generally,

is prescribed as "central records" for the purposes of section112(3).

(2)Information in any form relating to-

(a) convictions held in the criminal history database of the Scottish Police Services Authority for the use of police forces generally;

(b) convictions and cautions on a names database held by the National Policing Improvement Agency for the use of police forces generally; and

(c) convictions and cautions held on the criminal records database of the Criminal Justice System Northern Ireland for the use of police forces generally,

is prescribed as "central records" for the purposes of section113A(6) (including that provision as it has effect for the purposes of section113B(9) and as it is applied by sections114(3) and 116(3)).

Relevant matters: prescribed details

6.The following details of a relevant matter are prescribed for the purposes of sections113A(3)(a) and 113B(3)(a) (including those provisions as applied by sections114(3) and 116(3) respectively)-

(a) in the case of a conviction within the meaning of the Rehabilitation of Offenders Act 1974( 3), including a spent conviction-

(i) the date of the conviction;

(ii) the convicting court;

(iii) the offence; and

(iv) the method of disposal for the offence including any penalty imposed;

(b) in the case of a caution-

(i) the date of the caution;

(ii) the police force which gave the caution; and

(iii) the offence which the person given the caution had admitted.

Enhanced criminal record certificates: police forces

7.For the purposes of section113B(11)(c) the following departments or bodies are prescribed as police forces-

(a) the Scottish Crime and Drug Enforcement Agency; and

(b) the Child Exploitation and Online Protection Centre.

Enhanced criminal record certificates: relevant police forces

8.-(1)For the purposes of an application for an enhanced criminal record certificate under section 113B, "relevant police force" means-

(a) the police force maintained for any police area in Great Britain-

(i) within which the applicant resides or has resided within the period of 5years preceding the date of the application;

(ii) in which the applicant was born;

(iii) in which the applicant was convicted at any time; or

(iv) which has indicated on central records( 4) or the Interim Police Local Cross Reference Database that it holds non�Çæconviction information relating to the applicant;

(b) the Police Service of Northern Ireland if-

(i) the applicant resides or has resided within the period of 5years preceding the date of the application within Northern Ireland;

(ii) the applicant was born in Northern Ireland;

(iii) the applicant was convicted in Northern Ireland at any time;

(iv) that Service has indicated on central records or the Interim Police Local Cross Reference Database that it holds non-conviction information relating to the applicant; or

(v) the Scottish Ministers have reason to believe that it holds non-conviction information relating to the applicant;

(c) the Royal Navy Police, the Royal Military Police or the Royal Air Force Police (together known as "the Service Police"), as the case may be, if-

(i) the applicant is serving or has served in any of the naval, military or air forces of the Crown, including reserve forces, over which the Service Police exercise jurisdiction;

(ii) the applicant resides or has resided in an establishment operated by any of those forces; or

(iii) any one of the Service Police has indicated on central records or the Interim Police Local Cross Reference Database that it holds non�Çæconviction information relating to the applicant;

(d) the Ministry of Defence Police, the British Transport Police or the Civil Nuclear Constabulary (together known as "the specialist police forces") if any one of the specialist police forces has indicated on central records or the Interim Police Local Cross Reference Database that it holds non�Çæconviction information relating to the applicant;

(e) the States of Jersey Police Force if-

(i) the applicant resides or has resided within the period of 5years preceding the date of the application on the Island of Jersey;

(ii) the applicant was born on the Island of Jersey;

(iii) the applicant was convicted on the Island of Jersey at any time; or

(iv) that Force has indicated on central records or the Interim Police Local Cross Reference Database that it holds non�Çæconviction information relating to the applicant;

(f) the salaried police force of the Island of Guernsey if-

(i) the applicant resides or has resided within the period of 5years preceding the date of the application on the Island of Guernsey;

(ii) the applicant was born on the Island of Guernsey;

(iii) the applicant was convicted on the Island of Guernsey at any time; or

(iv) that force has indicated on central records or the Interim Police Local Cross Reference Database that it holds non�Çæconviction information relating to the applicant;

(g) the Isleof Man Constabulary if-

(i) the applicant resides or has resided within the period of 5years preceding the date of the application on the Isleof Man;

(ii) the applicant was born on the Isleof Man;

(iii) the applicant was convicted on the Isleof Man at any time; or

(iv) that Constabulary has indicated on central records or the Interim Police Local Cross Reference Database that it holds non�Çæconviction information relating to the applicant;

(h) the Serious Organised Crime Agency;

(i) the Garda Sîochána if-

(i) the applicant resides or has resided within the period of 5years preceding the date of the application in the Republic of Ireland; or

(ii) the applicant was born in the Republic of Ireland;

(j) the Scottish Crime and Drug Enforcement Agency if the Agency has indicated on central records that it holds non�Çæconviction information relating to the applicant;

(k) the Child Exploitation and Online Protection Centre; and

(l) such other police force as the chief officer of police of a police force identified as a relevant police force by virtue of paragraph(a) to(k) determines.

(2)In paragraph(1)(l), "police force" has the meaning given in section126(1) as read with section113B(10) and (11).

Enhanced criminal record certificates - prescribed purpose

9.-(1)For the purposes of section113B(2)(b), an enhanced criminal record certificate can be required for the purposes of an exempted question asked-

(a) for a purpose relating to any of the matters set out in paragraph(2); or

(b) in relation to an individual to whom paragraph(3) relates.

(2)The matters referred to in paragraph(1)(a) are-

(a) obtaining or holding an operating licence under Part5 of the Gambling Act 2005( 5) for the purposes of that Act;

(b) obtaining or holding a personal licence under Part6 of the Gambling Act 2005 for the purposes of that Act;

(c) a licence under section5 or6 of the National Lotteryetc. Act 1993( 6) (running or promoting lotteries);

(d) a licence under the Private Security Industry Act 2001( 7) to engage in any such licensable conduct (within the meaning of that Act) as will or may involve, or relate to, activities to which paragraph 8 of Schedule 2 to that Act applies (door supervisors etc. for public houses and clubs and compatible venues).

(3)The individuals referred to in paragraph(1)(b) are-

(a) an individual who is a director of a body corporate, or a partner of a partnership, included or seeking inclusion in any...

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