# The Police Act 1997 (Criminal Records) (Amendment) Regulations (Northern Ireland) 2023

S.R. 2023/16 · made 20 February 2023 · revised to 20 March 2023

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 act as an adult placement carer in accordance with the Adult Placement Agencies Regulations (Northern Ireland) 2007.

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

PDFs: Printed copy https://openlegislation.uk/police-act-1997-criminal-records-amendment-regulations-northern-ireland-2023/pdf/nisr_20230016_en.pdf; NI Explanatory Memorandum https://openlegislation.uk/police-act-1997-criminal-records-amendment-regulations-northern-ireland-2023/pdf/nisrem_20230016_en.pdf

## Introductory text

Criminal Law
Made 20th February 2023
Coming into operation- 20th March 2023
The Department of Justice makes the following Regulations in exercise of the powers conferred by sections 113B(2)(b), 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) 2023 and shall come into operation on 20th March 2023.

## 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)(q)insert—
“(r) considering the applicant’s suitability to act as an adult placement carer (within the meaning of Regulation 2 of the Adult Placement Agencies Regulations (Northern Ireland) 2007) including information in respect of any person who is living in the same household as an adult placement carer (or person wishing to be approved as, or intending to act as an adult placement carer).”
(3) in regulation 9B, after “(p)” omit “or (q)” and insert “, (q) or (r).”.
(4) in regulation 12, after “regulation” omit “9(d), (e) or (f)” and insert “9(1)(d), (e), (f) or (r).”.

## Signature

Sealed with the Official Seal of the Department of Justice on 20th February 2023
L.S.
Richard Pengelly
A senior officer of the Department 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 act as an adult placement carer in accordance with the Adult Placement Agencies Regulations (Northern Ireland) 2007.
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. Regulation 9B prescribes the cases in which an enhanced criminal record certificate must also include suitability information relating to adults.
Regulation 2(2) of these Regulations amends regulation 9 of the 2008 Regulations, creating a new prescribed purpose 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 seeking to act as an adult placement carer, as well as any person living in the same household as an adult placement carer.
Regulations 2(3) amends regulation 9B of the 2008 Regulations, to make provision for checks on suitability information (barred list information) in respect of vulnerable adults, for the new prescribed purpose set out in regulation 2(2).
Regulation 2(4) amends regulation 12 of the 2008 Regulations, to extend eligibility for an enhanced check to those under the age of 16 who reside in the same household where the adult placement is taking place.

---
Source: https://www.legislation.gov.uk/nisr/2023/16 (the official version)
Page: https://openlegislation.uk/police-act-1997-criminal-records-amendment-regulations-northern-ireland-2023
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.