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The Police Act 1997 (Criminal Records and Registration) (Guernsey) Regulations 2009

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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, which come into force on 16th December 2009, make detailed provision in relation to applications made in Guernsey for criminal record certificates and enhanced criminal record certificates under Part 5 of the Police Act 1997 (“the Act”). These Regulations, which apply only in Guernsey, mirror, with the appropriate modifications, the Regulations which apply in England and Wales. Part 2 is concerned with applications for criminal record and enhanced criminal record certificates. Part 3 is concerned with registration of persons and bodies under Part 5 of the Act.

Regulation 2 defines terms used in the Regulations.

Regulation 3 prescribes the form set out in Schedule 1 to the Regulations, or a form to the like effect, as the form to be used for applications for either a criminal record certificate or an enhanced criminal record certificate.

Regulation 4 specifies that the fee for a criminal record certificate application is £26, the fee for an enhanced criminal record application is £36 and the fee for an urgent response under section 113E(3) is £6. No fee is payable if the applicant is a volunteer.

Regulation 5 specifies the details of convictions, cautions, warning and reprimands which appear on criminal record certificates and enhanced criminal record certificates.

Regulation 6 prescribes the purposes for which an application for an enhanced criminal record certificate can be made.

Regulation 7 prescribes the cases in which an enhanced criminal record certificate can contain suitability information relating to children; Regulation 8 prescribes the cases in which an enhanced criminal record certificate can contain suitability information relating to vulnerable adults.

Regulation 9 prescribes the names database held by the National Policing Improvement Agency as “central records” for the purposes of criminal record certificates and enhanced criminal record certificates.

Regulation 10 defines “relevant police forces” for the purposes of enhanced criminal record certificates.

Regulation 11 provides an exception to the prohibition of disclosure of information beyond a registered body when that information is disclosed by an employment agency or business to an educational institution or further education institution for the purpose of considering a person’s suitability for a position at that institution.

Regulation 12 specifies the information to be included in the register maintained by the Secretary of State under section 120 of the Act.

Regulation 13 prescribes the procedure for nominating authorised individuals who may countersign or transmit to applications made under Part 5 of the Act. A body which has registered person status must submit the names of those persons who are authorised to countersign or transmit applications.

Regulation 14 specifies that the fee payable for inclusion on the register is £300 and Regulation 15 specifies that the fee payable for each additional authorised individual is £5.

Regulation 16 specifies the conditions which are attached to registration. These include requirements as to the payment of fees, the accuracy of data transmitted and the verification of the identity of applicants.

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