# The Police Act 1997 (Criminal Records) (Amendment) Regulations (Northern Ireland) 2022

S.R. 2022/212 · made 9 September 2022 · revised to 3 October 2022

These Regulations amend the Police Act 1997 (Criminal Records) (Disclosure) Regulations (Northern Ireland) 2008 (“the 2008 Regulations”) to make provision for enhanced criminal record checks with suitability information in relation to individuals who are seeking to provide accommodation to Ukrainian nationals and their immediate family members under the Homes for Ukraine Sponsorship Scheme (“the Scheme”).

Made under: Police Act 1997 (Section 113B, Section 113BA, Section 113BB, Section 125, Section 126A)

PDFs: Printed copy https://openlegislation.uk/police-act-1997-criminal-records-amendment-regulations-northern-ireland-2022/pdf/nisr_20220212_en.pdf; NI Explanatory Memorandum https://openlegislation.uk/police-act-1997-criminal-records-amendment-regulations-northern-ireland-2022/pdf/nisrem_20220212_en.pdf

## Introductory text

Criminal Law
Made 9th September 2022
Coming into operation- 3rd October 2022
The Department of Justice makes the following Regulations in exercise of the powers conferred by sections 113B(2)(b), 113BA(1), 113BB(1), 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) Regulations (Northern Ireland) 2022 and shall come into operation on 3rd October 2022.

## 2 Amendment of 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) After regulation 9(1)(o) insert—
“(p) considering the applicant’s suitability to provide accommodation to a person who has permission to enter into or to stay in the United Kingdom granted under the immigration rules laid down under section 3(2) of the Immigration Act 1971 in relation to the Homes for Ukraine Sponsorship Scheme.
(q) considering an applicant under the Homes for Ukraine Sponsorship Scheme where:-
(i) the applicant resides in the same household as an individual whose suitability to provide accommodation, to a person who has permission to enter into or stay in the United Kingdom granted under the immigration rules laid down under section 3(2) of the Immigration Act 1971 in relation to the Homes for Ukraine Sponsorship Scheme, is being assessed; and
(ii) the applicant, and the individual whose suitability to provide accommodation is being assessed, reside in the accommodation to be provided.”
(3) In regulation 9A, after “(l)” omit “or (m)” and after “(l)” insert “,(m), (p) or (q)”.
(4) In regulation 9B, after “(m)” omit “or (o)” and after “(m)” insert “,(o), (p) or (q)”.

## Signature

Sealed with the Official Seal of the Department of Justice on 9th September 2022.
L.S.
Naomi Long
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”) to make provision for enhanced criminal record checks with suitability information in relation to individuals who are seeking to provide accommodation to Ukrainian nationals and their immediate family members under the Homes for Ukraine Sponsorship Scheme (“the Scheme”).
The 2008 Regulations make detailed provision in relation to applications for criminal conviction certificates, criminal record certificates and enhanced criminal record certificates under Part 5 of the Police Act 1997 (“the 1997 Act”). Regulation 9 of the 2008 Regulations prescribes the purposes for which an enhanced criminal record certificate may be required. Regulations 9A and 9B prescribe the cases in which an enhanced criminal record certificate must also include suitability information relating to children and adults.
Regulation 2(2) of these Regulations amends regulation 9 of the 2008 Regulations, creating two new prescribed purposes for which an enhanced criminal record certificate may be required. The effect of the amendment is to enable enhanced criminal record checks to be carried out in relation to individuals who are offering to provide accommodation (and those individuals who also reside in the same accommodation) to a person who has permission to enter into or to stay in the United Kingdom under the Scheme.
Regulations 2(3) and 2(4) amend regulation 9A and 9B of the 2008 Regulations, to make provision for checks on suitability information (barred list information) in respect of both children and vulnerable adults, for the new prescribed purposes set out in regulation 2(2).
This Order comes in to operation on 3rd October 2022.

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Source: https://www.legislation.gov.uk/nisr/2022/212 (the official version)
Page: https://openlegislation.uk/police-act-1997-criminal-records-amendment-regulations-northern-ireland-2022
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.