Explanatory note
(This note is not part of the Regulations)
These Regulations amend the Police Act 1997 (Criminal Records) Regulations 2002 (“the 2002 Regulations”) to insert a new prescribed purpose 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.
The 2002 Regulations make detailed provision in relation to applications for criminal conviction certificates, criminal record certificates and enhanced criminal record certificates under Part 5 of the Police Act 1997. Regulation 5A of the 2002 Regulations prescribes the purposes for which an enhanced criminal record certificate can be required.
Regulation 2(2) of these Regulations amends Regulation 5A of the 2002 Regulations to add a further purpose in relation to whom an exempted question may be asked for the purpose of an enhanced criminal record certificate. The purpose is considering whether a person who is a current or potential sponsor meets or continues to meet the requirements for approval to provide accommodation to a person who has applied for or been granted permission to enter or stay in the United Kingdom in accordance with Appendix Ukraine Scheme of the Immigration Rules. This includes assessing the suitability of any person who is over the age of 16, who resides with the current or potential sponsor, to have regular contact with the person who has applied for or has been granted permission to enter into or stay in the United Kingdom in accordance with Appendix Ukraine Scheme of the Immigration Rules (“the new prescribed purpose”).
Regulation 3(2) and (3) of these Regulations also amend the Police Act (Criminal Records) (No. 2) Regulations 2009 to insert the new prescribed purpose for which suitability information in relation to children (Regulation 5) and vulnerable adults (Regulation 6) must be included in an enhanced criminal record certificate.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.