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

Conditions attached to registration

16.  The person’s registration shall be subject to the following conditions:

(a) payment of the fee referred to in regulation 14 above;

(b) the fee payable under regulation 15 above 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 on account within 15 days of the invoice date;

(c) the fee payable in relation to an application under section 113A or 113B of the Act which is accompanied by a statement under section 113A(2)(b) or 113B(2)(b) of the Act shall be invoiced by the Secretary of State and payable on account within 15 days of the invoice date;

(d) where the registered person has made a statement under section 113A(2)(b) or 113B(2)(b) of the Act in relation to an application for a criminal record certificate or an enhanced criminal record certificate, any charged levied in connection with the services it provides under Part 5 of the Act shall be—

(i) notified in writing to the Secretary of State who may publish details of any such charged 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 5 of the Act;

(e) prior to submitting an application for a criminal record certificate or an enhanced criminal record certificate to the Secretary of State, the registered person shall use all reasonable endeavours to ensure that—

(i) the mandatory data fields are completed to the Secretary of State’s satisfaction on the form prescribed in Schedule 1 to these regulations 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 application falls within the definition of a volunteer in these regulations;

(f) prior to making a statement under section 113A(2)(b) or 113B(2)(b) of the 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 the 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) provide appropriate training and guidance to that person; and

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

(h) any change of the details in the information recorded on the register shall be notified to the Secretary of State.