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The Police Act 1997 (Criminal Records) (Registration) Regulations (Northern Ireland) 2007

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Conditions attached to registration

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

(a)the fee payable under regulation 5 following inclusion in the register shall be invoiced to the person by the Secretary of State and payable at least 15 days prior to the end of the month following the invoice date;

(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 at least 15 days prior to the end of the month following 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 at least 15 days prior to the end of the month following 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 V 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 V 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 as specified administratively by the Secretary of State are completed on the form which will be prescribed in regulations to be made under Part V of the Police Act 1997 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 regulations to be made under Part V of the Police Act 1997;

(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)submit details of that person to the Secretary of State;

(iii)inform the Secretary of State of any changes to the details of that person;

(iv)inform the Secretary of State when he ceases to employ the services of that person;

(v)provide appropriate training and guidance to that person in accordance with directions given by the Secretary of State; and

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

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

(i)compliance with any reasonable requests made by the Secretary of State for information required in order to consider the continuing eligibility and suitability of registered persons, and the eligibility and suitability of applicants for registered person status;

(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)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.

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