Explanatory note
(This note is not part of the Regulations)
These Regulations are made under sections 120ZA, 120AA and 125(1) and (5) of the Police Act 1997 (the “Act”), and come into force on 6th April 2006.
Regulation 3 sets out the information to be included in the register maintained by the Secretary of State under section 120 of the Act.
Regulation 4 sets out the procedure for the nomination of authorised individuals in relation to the countersigning of applications under Part 5 of the Act. A body or statutory office holder which has registered person status must submit names of those persons who are authorised to countersign applications for criminal record and enhanced criminal record certificates.
Regulation 5 sets out the fee payable on application for inclusion in the register.
Regulation 6 sets out additional fees which are payable by a registered person which is a body or a statutory office-holder for inclusion in the register of a second and each subsequent name of those authorised to countersign applications under Part 5 of the Act.
Regulation 7 sets out conditions which are attached to registration. These include requirements as to the payment of fees, the publication of details of charges levied, ensuring the accuracy of the information detailed on the disclosure application form, verification of the identity of the applicant prior to making an application for a criminal record or an enhanced criminal record certificate, compliance with the code of practice, suitability of electronic systems used, and the number of applications which must be signed.
Regulation 8 provides that registered persons and countersignatories must allow the Secretary of State access to their premises for the purpose of assessing compliance with the conditions attached to registration.
Regulation 9 enables the Secretary of State to remove from the register any person who fails to comply with the conditions of registration.
Regulation 10 sets out the limit on the number of countersignatories, and provides that the Secretary of State may refuse to accept the nomination of an authorised person of a countersignatory if the maximum number is already registered. It also enables the Secretary of State to remove any excess countersignatories from the register.
Regulation 11 revokes the Police Act 1997 (Criminal Records) (Registration) Regulations 2001 and the Police Act 1997 (Criminal Records) (Registration) (Amendment) Regulations 2001.