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

S.R. 2014/265 · made 10 November 2014

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”).

Made under: Police Act 1997 (Section 113A, Section 113B, Section 116, Section 120ZA, Section 125, Section 126A)

PDFs: Printed copy https://openlegislation.uk/police-act-1997-criminal-records-amendment-no-2-regulations-northern-ireland-2014/pdf/nisr_20140265_en.pdf; Explanatory Memorandum https://openlegislation.uk/police-act-1997-criminal-records-amendment-no-2-regulations-northern-ireland-2014/pdf/nisrem_20140265_en.pdf

## Introductory text

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 1997 as modified by section 126A of that Act.

## 1 Citation 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.

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

(1) The Police Act 1997 (Criminal Records) (Disclosure) Regulations (Northern Ireland) 2008 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;”.

## 3 Amendments 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) 2007 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

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Source: https://www.legislation.gov.uk/nisr/2014/265 (the official version)
Page: https://openlegislation.uk/police-act-1997-criminal-records-amendment-no-2-regulations-northern-ireland-2014
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

