The National Police Records (Recordable Offences) (Amendment) Regulations 2003

Statutory Instruments

2003 No. 2823

POLICE, ENGLAND AND WALES

The National Police Records (Recordable Offences) (Amendment) Regulations 2003

Made

5th November 2003

Laid before Parliament

7th November 2003

Coming into force

1st December 2003

The Secretary of State, in exercise of the powers conferred upon him by section 27(4) of the Police and Criminal Evidence Act 1984(1), hereby makes the following Regulations:

1.  These Regulations may be cited as the National Police Records (Recordable Offences) (Amendment) Regulations 2003 and shall come into force on 1st December 2003.

2.—(1) The Schedule to the National Police Records (Recordable Offences) Regulations 2000(2) shall be amended as follows.

(2) For paragraph 5 there shall be substituted—

“5.   section 167 of the Criminal Justice and Public Order Act 1994(3) (offence of touting for hire car services);”.

(3) Paragraphs 26 and 51 shall be omitted.

(4) For paragraph 27 there shall be substituted—

“27.   article 44 of the Nursing and Midwifery Order 2001(4) (offence of falsely claiming a professional qualification etc.);”.

(5) There shall be inserted at the end the following new paragraphs—

“53.   section 3 of the Vagrancy Act 1824(5) (offence of begging); and

54.   section 4 of the Vagrancy Act 1824(6) (offence of persistent begging).”

Hazel Blears

Minister of State

Home Office

5th November 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Schedule to the National Police Records (Recordable Offences) Regulations 2000 (“the 2000 Regulations”) by making the offences of begging and persistent begging contrary to sections 3 and 4 of the Vagrancy Act 1824, and touting for hire car services contrary to section 167 of the Criminal Justice and Public Order Act 1994, recordable offences.

These Regulations omit the offences of having an article with a blade or point in a public place, sending letters etc. with intent to cause distress or anxiety and improper use of public telecommunications system from the Schedule to the 2000 Regulations as these offences are now imprisonable and therefore are recordable offences by virtue of regulation 3(1) of the 2000 Regulations.

A new paragraph 27 of the Schedule to the 2000 Regulations is substituted as a consequence of the repeal of section 13 of the Nurses, Midwives and Health Visitors Act 1997 (offence of falsely claiming a professional qualification) and its replacement by article 44 of the Nursing and Midwifery Order 2001.

(1)

1984 c. 60; there have been amendments to section 27 which are not relevant to the subject matter of these Regulations.

(2)

S.I. 2000/1139.

(3)

1994 c. 33; section 167 was amended by section 265(3) of the Transport Act 2000 (c. 38).

(4)

S.I. 2002/253.

(5)

1824 c. 83; section 3 has been amended by the Statute Law Revision (No. 2) Act 1888 (c. 57), section 62 of, and Part 1 of Schedule 7 to, the National Assistance Act 1948 (c. 29), section 1(2) of the Criminal Justice Act 1948 (c. 58), the Statute Law (Repeals) Act 1989 (c. 43) and section 77 of, and paragraph 1 of Schedule 14 to, the Criminal Justice Act 1982 (c. 48).

(6)

Section 4 has been amended by the Statute Law Revision (No. 2) Act 1888 (c. 57), sections 42, 49(4) and (5) of, and Schedule 3 to, the Criminal Justice Act 1925, section 1(2) of the Vagrancy Act 1935 (c. 20), section 62 of, and Part 1 of Schedule 7 to, the National Assistance Act 1948, section 1(2) of the Criminal Justice Act 1948, section 33(3) of, and Part 1 of Schedule 3 to, the Theft Act 1968 (c. 60), section 5(2) of, and the Schedule to, the Indecent Displays (Control) Act 1981(c. 42), sections 8 and 10 of, and Part 2 of the Schedule to, the Criminal Attempts Act 1981 (c. 47), section 40(3) of, and Schedule 3 to, the Public Order Act 1986 (c. 63), the Statute Law (Repeals) Act 1989 and section 77 of, and paragraph 1 of Schedule 14 to, the Criminal Justice Act 1982.