The Police Act 1997 (Criminal Records) (Amendment No. 4) Regulations 2012

Statutory Instruments

2012 No. 3016

Police, England And Wales

The Police Act 1997 (Criminal Records) (Amendment No. 4) Regulations 2012

Made

30th November 2012

Laid before Parliament

5th December 2012

Coming into force

31st December 2012

The Secretary of State, in exercise of the powers conferred by sections 113B(2)(b) and 125 of the Police Act 1997(1), makes the following Regulations.

Citation, commencement and extent

1.  These Regulations may be cited as the Police Act 1997 (Criminal Records) (Amendment No. 4) Regulations 2012 and come into force on 31st December 2012.

2.  These Regulations extend to England and Wales.

Amendment of the Police Act 1997 (Criminal Records) Regulations 2002

3.  Regulation 5A of the Police Act 1997 (Criminal Records) Regulations 2002(2) (Enhanced criminal record certificates: prescribed purposes) is amended as follows.

4.  After paragraph (zc)(3) insert—

(zd)considering an individual’s suitability to have in their possession, to acquire or to transfer, prohibited weapons or ammunition to which section 5 of the Firearms Act 1968(4) applies.

Taylor of Holbeach

Parliamentary Under-Secretary of State

Home Office

30th November 2012

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, which come into force on 31 December 2012, enable enhanced criminal record certificates to be sought in order to assess an individual’s suitability to possess, acquire and/ or transfer prohibited weapons (within the meaning of section 5 of the Firearms Act 1968) and associated ammunition.

An impact assessment has not been produced for this instrument as no impact on the private, voluntary or public sector is foreseen.

(1)

1997 c. 50. Section 113B(2) was inserted by section 163(2) of the Serious Organised Crime and Police Act 2005 (c. 15) and amended by section 63(1) of, and paragraph 14(1) and (3) of Schedule 9 to, the Safeguarding Vulnerable Groups Act 2006 (c. 47).

(2)

S.I. 2002/233. Regulation 5A was inserted by S.I 2006/748; relevant amending instruments are S.I. 2006/2181, 2007/1892, 2007/3224, 2008/2143, 2009/1882, 2010/577, 2010/817, 2010/1836, 2012/523, 2012/979 and 2012/2114.

(3)

Paragraph (zc) was inserted by S.I. 2012/2114.