OpenLegislation

Explanatory note

Northern Ireland

(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.