The Police Act 1997 (Criminal Records) (Registration) (Scotland) Regulations 2010

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision in connection with the register maintained under Part 5 of the Police Act 1997 (“the 1997 Act”). They come into force on the same day as section 78 of the Protection of Vulnerable Groups (Scotland) Act 2007 (“the 2007 Act”).

Regulation 3 sets out the information to be included in the register maintained by the Scottish Ministers under section 120 of the 1997 Act.

Regulation 4 sets out the procedure for the nomination of individuals to act in relation to the countersigning of applications under Part 5 of the 1997 Act or the making of declarations in relation to disclosure requests under the 2007 Act. A body or statutory office‑holder which has registered person status may nominate any countersignatories by submitting the names, addresses, dates of birth and specimen signatures of the countersignatories.

Regulation 5 makes provision in terms of section 120ZB(2)(h) of the 1997 Act and details the procedure for the removal from the register of persons who are, in the opinion of the Scottish Ministers, no longer likely to wish to countersign applications under section 113A or 113B of the 1997 Act or to make declarations in relation to disclosure requests under sections 52 or 53 of the 2007 Act. Such persons may be bodies corporate or unincorporate, statutory office‑holders or individuals employing others in the course of a business.

Regulation 6 concerns the procedure to be followed where the Scottish Ministers decide under section 120A(1) or (2) or 122(4) to refuse to include a person in the register or to remove a person from the register.

Regulation 7 prescribes the bodies that are to receive payment in respect of information relating to registration sought from them by the Scottish Ministers.

Regulation 8 sets out the fees payable for applications for registration and for nomination of countersignatories until 31st March 2011.

Regulation 9 sets out the fees payable for applications for registration and for nomination of countersignatories from 1st April 2011.

Regulation 10 makes provision for the payment of an annual fee for continued inclusion in the register.

Regulation 11 makes provision as to the periods which must elapse before a person refused registration or removed from the register can apply again to be included in the register.

Regulation 12 makes provision as to conditions of registration.

These Regulations also make minor amendments to the Police Act 1997 (Criminal Records) (Scotland) Regulations 2010 (SSI 2010/168) (“the 2010 Regulations”) which make detailed provision in relation to applications for criminal conviction certificates, criminal record certificates and enhanced criminal record certificates under Part 5 of the 1997 Act.

Regulation 13(a) amends regulation 15 of the 2010 Regulations to provide that the General Register Office for Scotland is prescribed as a person for the purposes of section 118(2A)(e) of the 1997 Act only in connection with the records which it keeps for births, marriages, deaths and adoptions.

Regulation 13(b) amends regulation 16(2) of the 2010 Regulations to remove the reference to the Board of the Serious Organised Crime Agency

Regulation 14 revokes the Police Act 1997 (Criminal Records) (Registration) (Scotland) Regulations 2006 (S.S.I. 2006/97).