The Police Act 1997 (Criminal Records) (Amendment) Regulations 2020

For regulation 4 of the Police Act 1997 (Criminal Records) Regulations 2002^f1 (fees for criminal records certificates and enhanced criminal records certificates) substitute—

“Fees for criminal record certificates and enhanced criminal record certificates

4

(1)

Subject to paragraph (2), the fee payable in relation to an application for the issue of a criminal record certificate or an enhanced criminal record certificate is prescribed as—

(a)

£23 in the case of a criminal record certificate;

(b)

£40 in the case of an enhanced criminal record certificate, and

(c)

where an urgent preliminary response is sought under section 113E(3)(b) of the Act, an additional £6 in each case.

(2)

No fee is payable in relation to an application made—

(a)

by a volunteer;

(b)

by a person who is approved by the appropriate authority, or who the appropriate authority is considering approving, as an emergency volunteer in health or social care under section 9(8)(a) of the Coronavirus Act 2020 (compensation for emergency volunteers);

(c)

by a person who is registered, or who the Registrar is considering registering, as a nurse, midwife or nursing associate (individually or as part of a specified group) under article 9A of the Nursing and Midwifery Order 2001 (temporary registration in emergencies involving loss of human life or human illness etc)^f2;

(d)

by a person who is registered, or who the Registrar is considering registering, as a member of a relevant profession (individually or as part of a specified group) under article 9A of the Health Professions Order 2001 (temporary registration in emergencies involving loss of human life or human illness etc)^f3;

(e)

by a person who is registered, or who the regulator is considering registering, as a social worker (individually or as part of a specified group) under regulation 12A of the Social Workers Regulations 2018 (temporary registration in emergencies involving loss of human life or human illness etc)^f4;

(f)

by a person who is registered, or who the registrar is considering registering, as a social worker (individually or as part of a specified group) under section 83A of the Regulation and Inspection of Social Care (Wales) Act 2016 (temporary registration in emergencies involving loss of human life or human illness etc)^f5;

(g)

by a person who is registered, or who the Registrar is considering registering, as a fully registered medical practitioner (individually or as part of a specified group) under section 18A of the Medical Act 1983 (temporary registration with regard to emergencies involving loss of human life or human illness etc)^f6;

(h)

by a person who is registered, or who the Registrar is considering registering, as a pharmacist or a pharmacy technician (individually or as part of a specified group) under article 34 of the Pharmacy Order 2010 (temporary entry with regard to emergencies involving loss of human life or human illness etc)^f7;

(i)

for the purposes of considering the applicant’s suitability for employment for the purposes of providing, or being engaged to provide, NHS health services or social care services in connection with, or in consequence of, the provision of care or treatment to a person who has, or is suspected of having, coronavirus disease as defined by section 1 of the Coronavirus Act 2020, whether or not in respect of that disease.

(3)

For the purposes of paragraph (2)(i)—

(a)

“NHS health services” means—

(i)

in relation to England, any kind of health services provided as part of the health service continued under section 1(1) of the National Health Service Act 2006 (Secretary of State’s duty to promote comprehensive health service)^f8;

(ii)

in relation to Wales, any kind of health services provided as part of the health service continued under section 1(1) of the National Health Service (Wales) Act 2006 (Welsh Ministers’ duty to promote health service)^f9;

(b)

“social care services” means—

(i)

in relation to England—

(aa)

adult social services as defined in section 97(1) of the Health and Social Care Act 2008 (general interpretation)^f10 and services which are the same as services which could be provided by a local authority in exercise of any of its adult social services functions as defined in section 97(1) of the Health and Social Care Act 2008, whoever provides them, and

(bb)

services provided or commissioned in relation to children by a local authority in the exercise of its social services functions as defined in section 1A of the Local Authority Social Services Act 1970 (meaning of “social services functions”)^f11 and the duties described in sections 23C to 24D of the Children Act 1989 (duties in relation to relevant former children and other young persons)^f12;

(ii)

in relation to Wales, services provided or commissioned by a local authority in Wales in the exercise of its social services functions as defined in section 143 of, and Schedule 2 to, the Social Services and Well-being (Wales) Act 2014 (social services functions of local authorities)^f13 and services which are the same as services which could be provided by a local authority in Wales in exercise of any of its social services functions, whoever provides them.”.

(This note is not part of these Regulations)