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

JurisdictionScotland
CitationSSI 2010/168
(1) These Regulations may be cited as the Police Act 1997 (Criminal Records) (Scotland) Regulations 2010 and come into force on the same day as F28section 44 of the Protection of Vulnerable Groups (Scotland) Act 2007 .(2) These Regulations extend to Scotland and, in so far as regulations 5 and 7 to 16 extend beyond Scotland, they do so only as a matter of Scots law.
  • any reference to a numbered section or part is to the section or part bearing that number in the Police Act 1997;
  • any reference to a numbered regulation is to the regulation bearing that number in these Regulations;
  • any reference in a regulation to a numbered paragraph is to the paragraph bearing that number in that regulation; and
  • any words or expressions used in these Regulations to which meanings are assigned by Part 5 of the Police Act 1997 have the same meanings as in that Part of that Act.
  • a criminal conviction certificate is £25;a criminal record certificate is £25;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.
  • the date of the conviction;
  • the convicting court;
  • the offence; and
  • the method of disposal for the offence.
  • held in the criminal history database of the F33Police Service of Scotland for the use of police forces generally;on a names database held by F31a Minister of the Crown for the use of police forces generally; andheld in the criminal records database of the Criminal Justice System Northern Ireland for the use of police forces generally,convictions held in the criminal history database of the F34Police Service of Scotland for the use of police forces generally;convictions and cautions on a names database held by F32a Minister of the Crown for the use of police forces generally; andconvictions and cautions held on the criminal records database of the Criminal Justice System Northern Ireland for the use of police forces generally,
  • the date of the conviction;
  • the convicting court;
  • the offence; and
  • the method of disposal for the offence including any penalty imposed;
  • the date of the caution;
  • the police force which gave the caution; and
  • the offence which the person given the caution had admitted.
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  • within which the applicant resides or has resided within the period of 5 years preceding the date of the application;in which the applicant was born;in which the applicant was convicted at any time; orwhich has indicated on central records the applicant resides or has resided within the period of 5 years preceding the date of the application within Northern Ireland;the applicant was born in Northern Ireland;the applicant was convicted in Northern Ireland at any time;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; orthe Scottish Ministers have reason to believe that it holds non-conviction information relating to the applicant;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;the applicant resides or has resided in an establishment operated by any of those forces; orany one of the Service Police has indicated on central records or the Interim Police Local Cross Reference Database that it holds non‑conviction information relating to the applicant;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‑conviction information relating to the applicant;the applicant resides or has resided within the period of 5 years preceding the date of the application on the Island of Jersey;the applicant was born on the Island of Jersey;the applicant was convicted on the Island of Jersey at any time; orthat Force has indicated on central records or the Interim Police Local Cross Reference Database that it holds non‑conviction information relating to the applicant;the applicant resides or has resided within the period of 5 years preceding the date of the application on the Island of Guernsey;the applicant was born on the Island of Guernsey;the applicant was convicted on the Island of Guernsey at any time; orthat force has indicated on central records or the Interim Police Local Cross Reference Database that it holds non‑conviction information relating to the applicant;the applicant resides or has resided within the period of 5 years preceding the date of the application on the Isle of Man;the applicant was born on the Isle of Man;the applicant was convicted on the Isle of Man at any time; orthat Constabulary has indicated on central records or the Interim Police Local Cross Reference Database that it holds non‑conviction information relating to the applicant;the National Crime Agency;the applicant resides or has resided within the period of 5 years preceding the date of the application in the Republic of Ireland; orthe applicant was born in the Republic of Ireland;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .such other police force as the chief officer of police of a police force identified as a

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