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The Police Act 1997 (Criminal Records) (Amendment) Regulations 2008

S.I. 2008/2143 · Made 7 August 2008

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.

Police, England And Wales

Made 7th August 2008

Laid before Parliament 11th August 2008

Coming into force 1st September 2008

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 113B(2)(b), 113D(4)(d) and 125 of the Police Act 1997f1:

Annotations to the whole text

Footnotes

f1

1997 c.50. Sections 113B and 113D were inserted in Part V of that Act by section 163(2) of the Serious Organised Crime and Police Act 2005 (c.15).

Contents

  1. 1Citation, commencement, extent and interpretation
  2. 2Amendment of the 2002 Regulations
  3. 3Amendment of the 2002 Regulations
  4. Signature
  5. Explanatory note

1Citation, commencement, extent and interpretation

(1)

These Regulations may be cited as the Police Act 1997 (Criminal Records) (Amendment) Regulations 2008 and shall come into force on 1st September 2008.

(2)

These Regulations extend to England and Wales.

(3)

In these Regulations—

  • “the 2002 Regulations” means the Police Act 1997 (Criminal Records) Regulations 2002f1.

2Amendment of the 2002 Regulations

(1)

Regulation 5A of the 2002 Regulations (Enhanced criminal record certificates: prescribed purposes)f1 is amended as follows.

(2)

After paragraph (g) insert—

“(ga)

registration under Chapters 2, 3 or 4 of Part 3 of the Childcare Act 2006f2 (regulation of provision of childcare in England);”.

3Amendment of the 2002 Regulations

For regulation 8A of the 2002 Regulationsf1 substitute—

“Criminal record certificates: suitability relating to adults: prescribed positions

8A

The following positions are prescribed for the purposes of section 113D(4) of the Act (criminal record certificates: suitability relating to adults), namely the positions referred to in regulation 5A(ba) above (position concerned with the provision of care services to vulnerable adults or with representing, or providing advocacy services to, such adults) and regulation 5A(v) above (position of Commissioner for Older People in Walesf2, or that of his deputy or persons appointed by the Commissioner to assist in the discharge of his functions or authorised to discharge his functions on his behalf). ”.

Signature

West of Spithead

Parliamentary Under Secretary of State

Home Office

7th August 2008

Explanatory note

(This note is not part of the Order)

These Regulations amend regulations 5A and 8A of the Police Act 1997 (Criminal Records) Regulations 2002 to extend the purposes in respect of which applications for enhanced criminal record certificates can be made and to extend the positions in respect of which suitability relating to adults may be disclosed on criminal record certificates or enhanced criminal record certificates.