The Police Act 1997 (Criminal Records) (Scotland) Regulations 2006

Explanatory Note

(This note is not part of the Regulations)

These 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 3 requires an application for the issue of a criminal conviction certificate, criminal record certificate or an enhanced criminal record certificate to be made on the form, or one to like effect, set out in Schedule 2 to the Regulations.

Regulation 4 specifies that the fee for an application for a criminal conviction certificate, a criminal record certificate or an enhanced criminal record certificate rises from £13.60 to £20, and specifies the manner in which payment may be made.

Regulation 5 prescribes the details of convictions which appear on criminal conviction certificates.

Regulation 6 prescribes the details of convictions and cautions which appear on criminal record certificates and enhanced criminal record certificates.

Regulation 7 prescribes the sources of information comprising central records for the purposes of certificates under Part 5 of the 1997 Act.

Regulation 8 defines “relevant police force” for the purposes of enhanced criminal record certificates.

Regulations 9, 10, 11 and 12 prescribe the purposes for which an enhanced criminal record certificate can be required. In that respect, regulation 10 sets out the positions in relation to which an exempted question can be asked, regulation 11 sets out the matters for which purposes exempted questions can be asked, and regulation 12 sets out the individuals in relation to whom an exempted question can be asked.

Regulation 13 prescribes further details of an applicant’s inclusion in a specified children’s list and further details of the circumstances in which a specified children’s direction was given.

Regulation 14 prescribes further details of an applicant’s inclusion in a specified adults' list.

Regulation 15 makes provision where a person is appointed by or under the Crown to a position covered by regulation 10.

Regulation 16 makes provision in relation to the taking of fingerprints from applicants where the Scottish Ministers require them for the purposes of ascertaining the identity of an applicant.

Regulation 17 prescribes the bodies to which fees payable under section 119(3) of the 1997 Act may be paid.

Regulation 18 revokes the Police Act 1997 (Criminal Records) (Scotland) Regulations 2002, the Police Act 1997 (Enhanced Criminal Record Certificates) (Protection of Vulnerable Adults) (Scotland) Regulations 2002 and the Police Act 1997 (Criminal Records) (Protection of Children) (Scotland) Regulations 2004.