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The Protection of Vulnerable Groups (Scotland) Act 2007 (Prescribed Manner and Place for the Taking of Fingerprints and Prescribed Personal Data Holders) Regulations 2010

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Prescribed manner and place for taking of fingerprints

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3.—(1) All police stations in the United Kingdom are prescribed as places at which fingerprints may be taken for the purposes of section 63(1) of the Act.

(2) Where Ministers require an individual under section 63(1) of the Act to have fingerprints taken they must notify the individual of that requirement and of the procedures set out in paragraphs (3) to (6) which are prescribed as the manner in which fingerprints are to be taken for the purposes of section 63(1) of the Act.

(3) An individual in receipt of notification in accordance with paragraph (2) who wishes to proceed to have fingerprints taken must inform Ministers within 28 days of receipt of that notification—

(a)where the individual is—

(i)aged 16 years or over, that the individual consents to the taking of their fingerprints; or

(ii)under the age of 16 years, that the individual and the responsible person consent to the taking of the individual’s fingerprints; and

(b)of the nominated police station.

(4) Failure by an individual to comply with paragraph (3) may be treated as a failure to comply with a requirement under section 63 of the Act for the purposes of section 62(2)(a) of the Act.

(5) Ministers may, in such circumstances as they consider appropriate, specify another police station (“the specified police station”) in place of the nominated police station.

(6) Any constable of the nominated police station, or of the specified police station, may take the individual’s fingerprints at the nominated police station, or at the specified police station, on such reasonable date and time notified to the individual.

(7) In this regulation “responsible person” means—

(a)a person having, in relation to the individual, parental responsibilities (within the meaning of section 1(3) of the Children (Scotland) Act 1995(1)) or parental rights (within the meaning of section 2(4) of that Act);

(b)in England and Wales the individual’s parent, guardian or other person having parental responsibility for the individual within the meaning of section 3 of the Children Act 1989(2); or

(c)in Northern Ireland, a person having, in relation to the applicant, parental responsibilities within the meaning of article 6 of the Children (Northern Ireland) Order 1995(3).

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