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The Police Act 1997 (Criminal Records) (Fees) Order 2004

S.I. 2004/1007 · Made 26 March 2004

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

FEES AND CHARGES

Made 26th March 2004

Coming into force 27th March 2004

The Secretary of State, in exercise of the powers conferred on him by section 102(3) of the Finance (No. 2) Act 1987f1, hereby makes the following Order, a draft of which has been approved by a resolution of the House of Commons:

Annotations to the whole text

Footnotes

f1

1987 c. 51.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Costs to be taken into account in fixing the fee payable for criminal record certificates and enhanced criminal record certificates
  3. Signature
  4. Explanatory note

1Citation, commencement and interpretation

(1)

This Order may be cited as the Police Act 1997 (Criminal Records) (Fees) Order 2004 and shall come into force on the day after it is made.

(2)

In this Order “volunteer” means a person engaged in an activity which involves spending time, unpaid (except for travel and other approved out-of-pocket expenses), doing something which aims to benefit some third party other than or in addition to a close relative.

2Costs to be taken into account in fixing the fee payable for criminal record certificates and enhanced criminal record certificates

(1)

In relation to each of the powers to fix fees specified in paragraph (2), the functions listed in paragraph (3) below are hereby specified for the purposes of section 102(3) of the Finance (No. 2) Act 1987 as functions, the costs of which are to be taken into account in determining the amount of those fees, which are payable to the Secretary of State in accordance with the provisions specified in paragraph (2).

(2)

The powers to fix fees are those in—

(a)

section 113(1)(b) of the Police Act 1997f1;

(b)

section 114(1)(b) of the Police Act 1997;

(c)

section 115(1)(b) of the Police Act 1997; and

(d)

section 116(1)(b) of the Police Act 1997.

(3)

The functions are those of the Secretary of State of issuing—

(a)

criminal record certificates to volunteers; and

(b)

enhanced criminal record certificates to volunteers.

Signature

Hazel Blears

Minister of State

Home Office

26th March 2004

Explanatory note

(This note is not part of the Order)

This Order specifies the functions which the Secretary of State may recover the costs of when setting the fees relating to the issue of criminal record and enhanced criminal record certificates. The functions are the issuing of criminal record and enhanced criminal record certificates to volunteers. Regulations 4 and 4A of the Police Act 1997 (Criminal Records) Regulations 2002 (S.I. 2002/233 as amended) detail the fees payable in relation to applications for criminal record and enhanced criminal record certificates, currently £24 and £29 respectively but due to rise to £28 and £33 respectively from 1st April 2004, and provide that volunteers are not required to pay a fee in relation to an application for either certificate.