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The Police Act 1997 (Criminal Records) (Amendment) Regulations 2010

S.I. 2010/817 · Made 16 March 2010

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 16th March 2010

Laid before Parliament 18th March 2010

Coming into force 1st April 2010

The Secretary of State, in exercise of the powers conferred by sections 113B(2)(b), 113BA(1) and 113BB(1) of the Police Act 1997f1, makes the following Regulations.

Annotations to the whole text

Footnotes

f1

1997 c. 50. Section 113B was inserted by section 163(2) of the Serious Organised Crime and Police Act 2005 (c. 15) and was amended by S.I. 2009/203. Sections 113BA and 113BB were inserted by section 63(1) of, and paragraph 14(1) and (4) of Schedule 9 to, the Safeguarding Vulnerable Groups Act 2006 (c. 47). Sections 113BA and 113BB are modified by transitional provisions in S.I. 2009/2610.

Contents

  1. 1Citation, commencement, interpretation and extent
  2. 2Amendment of regulation 5A of the 2002 Regulations
  3. 3Amendment of regulation 5 of the 2009 Regulations
  4. 4Amendment of regulation 6 of the 2009 Regulations
  5. Signature
  6. Explanatory note

1Citation, commencement, interpretation and extent

(1)

These Regulations may be cited as the Police Act 1997 (Criminal Records) (Amendment) Regulations 2010 and shall come into force on 1st April 2010.

(2)

In these Regulations—

  • “the 2002 Regulations” mean the Police Act 1997 (Criminal Records) Regulations 2002f1; and

  • “the “2009 Regulations” mean the Police Act 1997 (Criminal Records) (No. 2) Regulations 2009f2.

(3)

These Regulations extend to England and Wales.

2Amendment of regulation 5A of the 2002 Regulations

(1)

Regulation 5Af1 of the 2002 Regulations (enhanced criminal record certificates: prescribed purposes) is amended as follows.

(2)

After sub-paragraph (a) insert—

“(aa)

considering the applicant’s suitability for any work which is a controlled activity relating to children within the meaning of section 21 of the Safeguarding Vulnerable Groups Act 2006f2;”.

(3)

After sub-paragraph (ba) insert—

“(bb)

considering the applicant’s suitability for any work which is a controlled activity relating to vulnerable adults within the meaning of section 22 of the Safeguarding Vulnerable Groups Act 2006;”.

(4)

In sub-paragraph (y) omit the “or” after the semi-colon.

(5)

After sub-paragraph (z) insert—

“; or

(za)

considering the applicant’s suitability for work in a further education institution (within the meaning of section 140 of the Education Act 2002f3) where the normal duties of that work involve regular contact with persons aged under 18.”.

3Amendment of regulation 5 of the 2009 Regulations

In regulation 5 of the 2009 Regulations—

(a)

after “(a)(ii),” insert “(aa),”; and

(b)

for “or (z)” substitute “, (z) or (za)”.

4Amendment of regulation 6 of the 2009 Regulations

In regulation 6 of the 2009 Regulations—

(a)

after “(ba)(ii),” insert “(bb),”; and

(b)

for “or (z)” substitute “, (z) or (za)”.

Signature

Meg Hillier

Parliamentary Under-Secretary of State

Home Office

16th March 2010

Explanatory note

(This note is not part of the Regulations)

These Regulations, which come into force on 1st April 2010, prescribe three new purposes for which enhanced criminal record certificates can be obtained under section 113B of the Police Act 1997 (“the Act”) – assessing the suitability of individuals to work in a controlled activity in relation to children, to work in a controlled activity in relation to vulnerable adults or to work at a further education institution. Controlled activity is defined in the Safeguarding Vulnerable Groups Act 2006.

These Regulations also prescribe new cases in which suitability information, as defined in sections 113BA and 113BB of the Act, can be included on an enhanced criminal record certificate. Regulation 3 provides that suitability information relating to children can be included on an enhanced criminal record certificate when the purpose for which it was obtained was to assess the suitability of an individual to work in a controlled activity relating to children or at an institution within the further education sector.

Regulation 4 provides that suitability information relating to vulnerable adults can be included on an enhanced criminal record certificate when the purpose for which it was obtained was to assess the suitability of an individual to work in a controlled activity relating to vulnerable adults or at an institution within the further education sector.