Regulation 7 Conditions attached to registration

A person’s registration shall be subject to the following conditions:

(a)

payment of the fee referred to in regulation 5 above ;

(b)

the fee payable under regulation 6(1) or 6(2) in respect of the second and each subsequent name entered in the register shall be invoiced by the Secretary of State to the person and payable on account within 15 days of the invoice date;

(c)

the fee payable in relation to an application under section 113A or 113B of the 1997 Act which is accompanied by a statement under section 113A(2)(b) or 113B(2)(b) of the 1997 Act shall be invoiced by the Secretary of State and payable on account within 15 days of the invoice date;

(d)

where a registered person has made a statement under section 113A(2)(b) or 113B(2)(b) of the 1997 Act in relation to an application for a criminal record certificate or an enhanced criminal record certificate, any charges levied in connection with the services it provides under Part 5 of the 1997 Act shall be—

(i)

notified in writing to the Secretary of State who may publish details of any such charges in such manner as he thinks fit; and

(ii)

set out in any documentation the registered person publishes which relates to the services it provides under Part 5 of the 1997 Act;

(e)

prior to submitting an application for a criminal record certificate or an enhanced criminal record certificate to the Secretary of State, a registered person shall use all reasonable endeavours to ensure that—

(i)

the mandatory data fields are completed to the Secretary of State’s satisfaction on the form prescribed in Schedule 2 to the Police Act 1997 (Criminal Records) Regulations 2002^f1, and that the data supplied is accurate;

(ii)

the certificate is requested for an exempted question or prescribed purpose as the case may be; and

(iii)

if the application for a criminal record certificate or an enhanced criminal record certificate is made by a volunteer, the applicant falls within the definition of a volunteer as prescribed in the Police Act 1997 (Criminal Records) Regulations 2002;

(f)

prior to making a statement under section 113A(2)(b) or 113B(2)(b) of the 1997 Act in relation to an application for a criminal record certificate or an enhanced criminal record certificate, a registered person or his authorised agent shall verify the identity of the applicant and in so doing comply with such conditions as the Secretary of State thinks fit and has notified to the registered person in writing;

(g)

where a registered person uses the services of another person to verify the identity of applicants, the registered person shall—

(i)

ensure the suitability of that person to conduct such checks;

(ii)

provide appropriate training and guidance to that person; and

(iii)

ensure that that person discharges his duties in accordance with such conditions as the Secretary of State thinks fit under sub-paragraph (f) above;

(h)

compliance with the code of practice for the time being in force under section 122 of the 1997 Act;

(i)

the provision of any information reasonably required in order to consider—

(i)

the continuing eligibility and suitability of registered persons,

(ii)

the eligibility and suitability of applicants for registered person status , and

(iii)

the continuing ability of registered persons to make payments of fees on behalf of applicants under Part 5 of the 1997 Act;

(j)

any change to the details in the information recorded on the register shall be notified to the Secretary of State;

(k)

any electronic system used by the registered person for the purposes of countersigning applications under sections 113A and 113B of the 1997 Act shall comply with such specifications as the Secretary of State may notify in writing to the registered body;

(l)

the number of applications countersigned by the registered person in any 12 month period shall not be fewer than 100; and

(m)

in the event of the Secretary of State removing or suspending the registered person from the register, that person shall pay for any applications knowingly submitted after such removal or suspension.

Annotations

Footnotes

f1: S.I. 2002/233, as amended by S.I. 2003/137, S.I. 2003/520 and S.I.2003/1418.