The Police Act 1997 (Criminal Records) (Amendment No. 2) Regulations (Northern Ireland) 2012

Statutory Rules of Northern Ireland

2012 No. 321

Criminal Law

The Police Act 1997 (Criminal Records) (Amendment No. 2) Regulations (Northern Ireland) 2012

Made

15th August 2012

Coming into operation

10th September 2012

The Department of Justice makes the following Regulations in exercise of the powers conferred by sections 113B(9), 113BA(1), 113BB(1), and 125(1) and (5) of the Police Act 1997(1) as modified by section 126A of that Act(2).

Citation and commencement

1.  These Regulations may be cited as the Police Act 1997 (Criminal Records) (Amendment No. 2) Regulations (Northern Ireland) 2012, and shall come into operation on 10th September 2012.

Amendment of the Police Act 1997 (Criminal Records) (Disclosure) Regulations (Northern Ireland) 2008

2.—(1) The Police Act 1997 (Criminal Records) (Disclosure) Regulations (Northern Ireland) 2008(3) are amended in accordance with the following paragraphs.

(2) For regulation 8(1)(a) substitute—

“(a) the Police Service of Northern Ireland if—

(i) it appears to the Department of Justice that information is held in relation to the applicant in the record of convictions in the Causeway System;

(ii) it appears to the Department of Justice that information is held by the Police Service of Northern Ireland in relation to the applicant other than in the Causeway System;

(iii) the applicant resides or has resided within a period of 5 years preceding the date of the application in the Republic of Ireland; or

(iv) the application involves any regulated work activity relating to children within the meaning of Part 1 of Schedule 2 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 which is taking or is to take place within Northern Ireland on domestic premises used wholly or mainly as a private dwelling including an application for the assessment of any person to have contact with children who are residing in those domestic premises at times when the regulated work activity is taking or is to take place.”.

(3) For regulation 9(1)(a)(ii) substitute—

“(ii) to engage in any activity which is a regulated activity relating to children within the meaning of Part 1 of Schedule 2 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 as it had effect immediately before the coming into force of section 78 of the Protection of Freedoms Act 2012.”.

(4) For regulation 9(1)(b)(ii) substitute—

“(ii) to engage in any activity which is a regulated activity relating to vulnerable adults within the meaning of Part 2 of Schedule 2 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 as it had effect immediately before the coming into force of section 78 of the Protection of Freedoms Act 2012.”.

(5) In regulation 9(1)(i) after the words “the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007” insert the words “as it had effect immediately before the coming into force of section 78 of the Protection of Freedoms Act 2012.”.

(6) In regulation 9(1)(j) after the words “the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007” insert the words “as it had effect immediately before the coming into force of section 78 of the Protection of Freedoms Act 2012.”.

(7) After regulation 9(1)(n) insert—

“(o) considering the applicant’s suitability for any office or employment which is concerned with the representation of, or advocacy services for, vulnerable adults within the meaning of Part 2 of Schedule 2 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 by a service created under any enactment or commissioned by an HSC body within the meaning of Article 2(2) of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007, and is of such a kind as to enable a person, in the course of his normal duties in that position, to have access to such vulnerable adults when they are receiving such services.”.

(8) In regulation 9A(4) for “(a)” substitute “(a)(i) and omit “(i)”.

(9) In regulation 9B(5) for “(b), (g), (h), (j), (l) or (m)” substitute “(b)(i), (g), (h), (l), (m) or (o)”.

Sealed with the Official Seal of the Department of Justice on 15th August 2012.

David Ford

Minister of Justice

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Police Act 1997 (Criminal Records) (Disclosure) Regulations (Northern Ireland) 2008 (“the 2008 Regulations”) to give effect to the changes affecting regulated and controlled activity concerning children and vulnerable adults under the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 which were made by the Protection of Freedoms Act 2012 (“the 2012 Act”). The 2012 Act has reduced the scope of the definition of regulated activity and has abolished the concept of controlled activity.

These Regulations also include an amendment setting out the circumstances where AccessNI may seek enhanced criminal record certificate information from the Police Service of Northern Ireland (“PSNI”).

Regulation 2(2) amends the current address based searching procedures to permit AccessNI to use procedures similar in effect to those followed under Part 5 of the Police Act 1997 by the Criminal Records Bureau in England and Wales and by Disclosure Scotland. This amendment limits the occasions when an application for an enhanced criminal record certificate is made to PSNI to those where PSNI appears to hold relevant information, the applicant resides in or has resided within a period of 5 years preceding the date of the application in the Republic of Ireland, or the application relates to work with children at the applicant’s home address in Northern Ireland.

Regulation 2(3), (4), (5), and (6) makes provision for the continued eligibility of persons who were previously in regulated activities, which are no longer regulated work activities, or in controlled activities, which have been abolished, to apply for enhanced criminal record certificates in respect of those previous work activities.

Regulation 2(7) enables an application for an enhanced criminal record certificate to be made for the purpose of assessing the applicant’s suitability to work in regulated activity relating to the provision for the representation of or advocacy services for vulnerable adults.

Regulation 2(8) and (9) sets out the amended cases involving regulated work activities with children and vulnerable adults where applications can be made for suitability information.

These Regulations come into operation on 10th September 2012.

(1)

1997 c.50; section 113B was inserted by section 163(2) of the Serious Organised Crime and Police Act 2005 (2005 c. 15) and amended by section 63(1) of, and paragraph 14 of Schedule 9 to, the Safeguarding Vulnerable Groups Act 2006 (2006 c.47), which inserted sections 113BA and113BB.

(2)

Section 126A was inserted by article 12 of, and paragraph 38 of Schedule 14 to, S.I. 2010/976.

(3)

S.I. 2008/542 as amended by S.I. 2009/1798. S.I. 2009/2495, S.R. 2010 No. 229 and S.R. 2012 No. 86; the Secretary of State’s functions under these regulations are transferred to the Department of Justice by article 17 of S.I. 2010/976.

(4)

Regulation 9A was inserted by regulation 2(5) of S.I. 2009/2495 and amended by regulation 2(3) of S.R. 2010 No. 229.

(5)

Regulation 9B was inserted by regulation 2(3) of S.R. 2010 No. 229.