The Protection of Vulnerable Groups (Scotland) Act 2007 (Consequential Provisions) Order 2010

PART 2 Provision of information to the Scottish Ministers by the police

Provision of police information to the Scottish Ministers

3.—(1) For the purposes of their functions under Parts 1 and 2 of the 2007 Act, the Scottish Ministers may ask the chief officer of a relevant police force to provide them with any information relating to an individual which the chief officer thinks might be relevant in relation to the type of regulated work (within the meaning of the 2007 Act(1)) in relation to which a request under this paragraph is made.

(2) Where the chief officer of a police force receives a request under paragraph (1), the chief officer must comply with it as soon as practicable.

(3) The chief officer of a police force must not provide information to Scottish Ministers under paragraph (1) if the chief officer considers that disclosing the information to the individual to whom it relates would be contrary to the interests of the prevention or detection of crime.

(4) In paragraph (1) the reference to “relevant police force” is to be read in the same way as it is read in relation to an application to the Scottish Ministers made under section 113B of the Police Act 1997(2).

(5) The Scottish Ministers must pay to the appropriate body such fee as the Secretary of State (or the Northern Ireland Executive in relation to the Police Service of Northern Ireland) thinks appropriate for information provided under paragraph (1).

(6) For the purposes of paragraph (5), the appropriate body means—

(a) the police authority for a police force in England and Wales;

(b) the Police Service of Northern Ireland;

(c) the Provost Marshal for the Royal Navy Police, the Royal Military Police or the Royal Air Force Police;

(d) the Ministry of Defence Police Committee for the Ministry of Defence Police;

(e) the British Transport Police Authority for the British Transport Police;

(f) the Civil Nuclear Police Authority for the Civil Nuclear Constabulary;

(g) the Serious Organised Crime Agency;

(h) the Home Affairs Committee for the States of Jersey Police Force;

(i) the Home Department for the salaried police force of the Island of Guernsey;

(j) the Department of Home Affairs for the Isle of Man Constabulary; or

(k) the Department of Justice, Equality and Law Reform of the Government of Ireland for the Garda Síochána.

Provision of records of convictions and cautions to the Scottish Ministers

4.  Any person who holds records of convictions, cautions or other information for the use of police forces generally must make those records available to the Scottish Ministers for the purposes of their functions under Parts 1 or 2 of the 2007 Act.

Provision of records of fingerprints to the Scottish Ministers

5.  Any person who holds records of fingerprints for the use of police forces generally must make those records available to the Scottish Ministers for the purposes of section 63 of the 2007 Act.

(1)

Section 91 of the 2007 Act defines regulated work.

(2)

1997 c.50. Section 113B was inserted by section 163(2) of the Serious Organised Crime and Police Act 2005 (c.15) (“the 2005 Act”). By virtue of section 126(3) and (4) of the Police Act 1997, as inserted by section 166(2) of the 2005 Act, in the application of the 1997 Act to Scotland, references to the Secretary of State must be construed as references to the Scottish Ministers (except in section 118(2A)(d) or 124A(1) and (2)). Section 113B(10)(a) has been amended by paragraph 149 of Schedule 16 to the Armed Forces Act 2006 (c.52). Section 113B has been further amended, in relation to Scotland, by section 79(1) of the 2007 Act (which amended section 113B(1)) and section 108(2) of the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13) (which amended section 113B (3)). Section 113B(5A) was inserted by section 80 of the 2007 Act. Section 113B(9) provides that “relevant police force”, in relation to applications under section 113B, is a police force which is a relevant police force in relation to an application under regulations made by the Scottish Ministers. Regulation 8 of the Police Act 1997 (Criminal Records) (Scotland) Regulations 2010 (S.S.I. 2010/168) specifies the meaning of “relevant police force”.