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The Police Act 1997 (Criminal Records) (Amendment No. 2) Regulations (Northern Ireland) 2014

S.R. 2014/265 · Made 10 November 2014

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Criminal Law

Made 22nd October 2014

Coming into operation 1st December 2014

The Department of Justice makes the following Regulations in exercise of the powers conferred by section 113A(1)(b), 113B(1)(b), 113B(2)(b), 116(1)(b), 120ZA and 125(1) and (5) of the Police Act 1997f1 as modified by section 126A of that Actf2.

Annotations to the whole text

Footnotes

f1

1997 c.50 sections 113A and 113B were inserted by section 163(2) of the Serious and Organised Crime and Police Act (2005 c.15). Section 120ZA was inserted by section 328, and paragraphs 1 and 7 of Schedule 35 to, the Criminal Justice Act 2004 (c.42).

f2

Section 126A was inserted by article 12, of and paragraph 38 of Schedule 14 to, S.I. 2010/976.

Contents

  1. 1Citation and commencement
  2. 2Amendments to the Police Act 1997 (Criminal Records) (Disclosure) Regulations (Northern Ireland) 2008
  3. 3Amendments to the Police Act 1997 (Criminal Records) (Registration) Regulations (Northern Ireland) 2007
  4. Signature
  5. Explanatory note

1Citation and commencement

These Regulations may be cited as the Police Act 1997 (Criminal Records) (Amendment No. 2) Regulations (Northern Ireland) 2014 and shall come into operation on 1st December 2014.

2Amendments to the Police Act 1997 (Criminal Records) (Disclosure) Regulations (Northern Ireland) 2008

(1)

The Police Act 1997 (Criminal Records) (Disclosure) Regulations (Northern Ireland) 2008f1 are amended as follows.

(2)

In regulation 4 (fees for disclosure) for “£30” substitute “£33”.

(3)

For regulation 9(c) (enhanced criminal record certificates: prescribed purposes) substitute—

“(c)

considering the applicant’s suitability to hold a taxi driver’s licence under section 23 of the Taxis Act (Northern Ireland) 2008;”.

3Amendments to the Police Act 1997 (Criminal Records) (Registration) Regulations (Northern Ireland) 2007

(1)

Regulation 3 of the Police Act 1997 (Criminal Records) (Registration) Regulations (Northern Ireland) 2007f1 is amended as follows.

(2)

For paragraph 3(1)(a) substitute—

“(a)

the name, address, telephone number and electronic mailing address of each registered person which has been notified to the Department of Justice for communication purposes.”.

(3)

For paragraph (1)(e)(ii) substitute—

“the name, address, telephone number and electronic mailing address of any individual for the time being nominated in accordance with regulation 4 below as being authorised to act for the body in relation to the countersigning of applications under Part V of the 1997 Act which has been notified to the Department of Justice for communication purposes.”.

(4)

For paragraph (1)(f)(i) substitute—

“the name, address, telephone number and electronic mailing address of any individual for the time being nominated in accordance with regulation 4 as being authorised to act for the statutory office holder in relation to the countersigning of applications under Part V of the 1997 Act which has been notified to the Department of Justice for communication purposes.”.

Signature

Sealed with the Official Seal of the Department of Justice on 22nd October 2014

L.S.

David Ford

Minister of Justice

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Police Act 1997 (Criminal Records) (Disclosure) Regulations (Northern Ireland) 2008 (“the 2008 Regulations”) and the Police Act 1997 (Criminal Records) (Registration) Regulations (Northern Ireland) 2007 (“the 2007 Regulations”).

The 2008 Regulations make provision for a prescribed fee to be paid to Access NI in respect of basic (criminal conviction), standard (criminal record) and enhanced (enhanced criminal record) applications. The fee of £30 for an enhanced disclosure application was first set by regulation 4 of the 2008 Regulations. Regulation 2(2) increases this fee from £30 to £33.

Regulation 2(3) amends one of the prescribed purposes for which an enhanced criminal record check may be sought namely, a taxi driver’s licence. This regulation reflects a change in the taxi licensing regime introduced by the Department of the Environment under section 23 of the Taxis Act (Northern Ireland) 2008.

The 2007 Regulations make provision for registered persons (“lead signatories”), those nominated by registered persons to countersign applications for standard and enhanced applications and those nominated by statutory office holders to countersign similar applications (“counter signatories”) to provide information to the Department that is held in a central register. This is to ensure that the Department can successfully contact such persons in the event of queries about applications.

Regulations 3 makes minor changes to the information to be provided to the Department by registered persons, to include a, name, address, telephone number and an e-mail address. Previously, the Regulations provided options for a telephone number, facsimile number or e-mail address to be provided. This will enable easier communication with and assist lead counter signatories to take advantage of the Department’s facility for on-line applications and which is intended to be introduced in early 2015.

This order comes into operation on 1 December 2014