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The Police Act 1997 (Criminal Records) (Amendment) Regulations 2012

S.I. 2012/523 · Made 23 February 2012

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 23rd February 2012

Laid before Parliament 29th February 2012

Coming into force 26th March 2012

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 162(2) of the Serious Organised Crime and Police Act 2005 (c. 15) and was amended by section 63(1) of, and paragraph 14(1) and (3) of Schedule 9 to, the Safeguarding Vulnerable Groups Act 2006 (c. 47) and 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 and were amended by section 81 of the Policing and Crime Act 2009 (c. 26).

Contents

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

1Citation, commencement, interpretation and extent

(1)

These Regulations may be cited as the Police Act 1997 (Criminal Records) (Amendment) Regulations 2012 and shall come into force on 26th March 2012.

(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 2 of the 2002 Regulations

After the definition of “reprimand” in regulation 2f1 of the 2002 Regulations (interpretation) insert—

  • ““taxi driver licence” means a licence granted under—

    1. (i)

      section 46 of the Town Police Clauses Act 1847f2;

    2. (ii)

      section 8 of the Metropolitan Public Carriage Act 1869f3;

    3. (iii)

      section 9 of the Plymouth City Council Act 1975f4;

    4. (iv)

      section 51 of the Local Government (Miscellaneous Provisions) Act 1976f5; or

    5. (v)

      section 13 of the Private Hire Vehicles (London) Act 1998f6;”.

3Amendment 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 (za) insert—

“(zb)

considering the applicant’s suitability to obtain or hold a taxi driver licence.”

4Amendment of regulation 5 of the 2009 Regulations

In regulation 5 of the 2009 Regulations for “or (za)” substitute “, (za) or (zb)”.

5Amendment of regulation 6 of the 2009 Regulations

In regulation 6 of the 2009 Regulations for “or (za)” substitute “, (za) or (zb)”.

Signature

Lynne Featherstone

Parliamentary Under-Secretary of State

Home Office

23rd February 2012

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Police Act 1997 (Criminal Records) Regulations 2002 and the Police Act 1997 (Criminal Records) (No. 2) Regulations 2009 to enable an application for an enhanced criminal record certificate (including suitability information relating to both children and adults) to be made for the purpose of assessing the applicant’s suitability to obtain or hold a taxi driver licence.