Regulation 10 Evidence of identity: fingerprints

(1)

All police stations in the United Kingdom are prescribed as places at which fingerprints may be taken for the purposes of section 59(1) of the Disclosure Act.

(2)

Where the Scottish Ministers require an application under Part 1 to be supported by evidence of identity in the form of fingerprints under section 57(1) of the Disclosure Act, they must notify the applicant of this requirement and of the procedures set out in paragraphs (4) to (8).

(3)

The procedures set out in paragraphs (4) to (8) are prescribed as the manner in which fingerprints may be taken for the purposes of section 59(1) of the Disclosure Act.

(4)

Within 28 days of the date of a notice under paragraph (2), an applicant must provide the Scottish Ministers with the information set out in paragraph (5).

(5)

The information is—

(a)

where the applicant is—

(i)

aged 16 years or over, that the applicant consents to the taking of their fingerprints, or

(ii)

under the age of 16 years, that the applicant and the responsible person consent to the taking of the applicant’s fingerprints, and

(b)

the police station in the United Kingdom (“the nominated police station”) at which the applicant proposes to attend for the purpose of having their fingerprints taken.

(6)

The information in paragraph (5) must be given to the Scottish Ministers—

(a)

in writing, and

(b)

within the period specified in paragraph (4),

otherwise the application will be considered to have been withdrawn.

(7)

The Scottish Ministers may, in such circumstances as they consider appropriate, specify another police station (“the specified police station”) in place of the nominated police station.

(8)

Any constable of the nominated police station, or of the specified police station, may take the applicant’s fingerprints at the nominated police station, or at the specified police station, on such date and at such time notified to the applicant.

(9)

In this regulation “responsible person” means—

(a)

a person having, in relation to the applicant, parental responsibilities (within the meaning of section 1(3) of the 1995 Act) or parental rights (within the meaning of section 2(4) of that Act^f1),

(b)

in England and Wales the applicant’s parent, guardian or other person having parental responsibility for the applicant within the meaning of section 3 of the Children Act 1989^f2, or

(c)

in Northern Ireland, a person having, in relation to the applicant, parental responsibilities (within the meaning of article 6 of the Children (Northern Ireland) Order 1995^f3).

(10)

Any notice or notification given under this regulation may be given by electronic means.

Annotations

Footnotes

f1: 1995 c. 36. There are amendments to sections 1 and 2 which are not relevant to these Regulations.
f2: 1989 c. 41.
f3: 1995 No. 755 (N.I. 2).