# The Police Act 1997 (Criminal Records) (Disclosure) (Amendment) Regulations (Northern Ireland) 2010

S.R. 2010/229 · made 28 June 2010

These Regulations amend the Police Act 1997 (Criminal Records) (Disclosure) Regulations (Northern Ireland) 2008 (“the principal Regulations”).

Made under: Police Act 1997 (Section 112, Section 113A, Section 113B, Section 113BA, Section 113BB, Section 125, Section 126A)

PDFs: Printed copy https://openlegislation.uk/police-act-1997-criminal-records-disclosure-amendment-regulations-northern-ireland-2010/pdf/nisr_20100229_en.pdf; Explanatory Memorandum https://openlegislation.uk/police-act-1997-criminal-records-disclosure-amendment-regulations-northern-ireland-2010/pdf/nisrem_20100229_en.pdf

## Introductory text

Criminal Law
Made 28th June 2010
Coming into operation 26th July 2010
The Department of Justice makes the following Regulations in exercise of the powers conferred by sections 112(1)(b), 113A(1)(b), 113B(1)(b), 113BA(1), 113BB(1), and 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) (Disclosure) (Amendment) Regulations (Northern Ireland) 2010 and shall come into operation on 26 July 2010.

## 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) In Regulation 4 (fees for disclosures)—
(a) the existing text of regulation 4 becomes paragraph (1);
(b) after paragraph (1) insert—
“(2) No fee is payable in respect of an application made by a volunteer unless it is an application to which paragraph (3) or (4) applies, in which case the appropriate fee prescribed in paragraph (1) is payable.
(3) This paragraph applies to an application by a volunteer in connection with an activity in which that volunteer is engaged, or to be engaged, directly for a statutory body.
(4) This paragraph applies to an application by a volunteer in circumstances where a sum to include the cost of a disclosure fee in connection with the activity which that volunteer is engaged, or to be engaged, in, has been provided out of public funds.
(5) In this regulation—
“non-profit organisation or person” means an organisation or person which does not distribute its surplus funds to owners or shareholders;
“statutory body” means a body established by or under an enactment;
“volunteer” means a person engaged, or to be engaged, in an activity for a non-profit organisation or person which involves spending time unpaid (except for travel and other approved out-of-pocket expenses) doing something which amounts to a benefit to some third party other than, or in addition to, a close relative.”
(3) For regulation 9A substitute
“Suitability information relating to children
9A. Cases in which an application for an enhanced criminal record certificate is made for a purpose prescribed in sub-paragraph (a), (d), (e), (f), (g), (h), (i), (l) or (m) of regulation 9(1) are prescribed for the purposes of section 113BA of the Act.
Suitability information relating to vulnerable adults
9B. Cases in which an application for an enhanced criminal record certificate is made for a purpose prescribed in sub-paragraph (b), (g), (h), (j), (l) or (m) of regulation 9(1) are prescribed for the purposes of section 113BB of the Act.”

## Signature

Sealed with the Official Seal of the Department of Justice on 28 June 2010
David Ford
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 principal Regulations”).
Regulation 4 of the principal Regulations (which was substituted by S.I. 2009/3334 and prescribes the fees payable on applications for criminal records disclosures) is amended to provide that where an application is made by a volunteer, no fee is payable. There are two exceptions to this. The first is where the applicant is volunteering directly for a statutory body. The second is where the cost of the application fee has been paid from public funds.
Regulation 9A of the principal Regulations (which was inserted by S.I. 2009/2495) is substituted by new Regulations 9A and 9B which prescribe the cases in which suitability information relating to children and vulnerable adults respectively must be included in an enhanced criminal record certificate. The cases are prescribed by reference to the purposes prescribed in Regulation 9 of the principal Regulations. The purpose of the substituted provisions is to improve the clarity of the original provision. The prescribed cases have not been changed.

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Source: https://www.legislation.gov.uk/nisr/2010/229 (the official version)
Page: https://openlegislation.uk/police-act-1997-criminal-records-disclosure-amendment-regulations-northern-ireland-2010
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.