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The Police Act 1997 (Criminal Records) (Amendment) Regulations (Northern Ireland) 2023
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- Northern Ireland Statutory Rules
- 2023 No. 16
- Explanatory Note
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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 make provision for enhanced criminal record checks with suitability information in relation to individuals who are seeking to act as an adult placement carer in accordance with the Adult Placement Agencies Regulations (Northern Ireland) 2007.
The 2008 Regulations make detailed provision in relation to applications for criminal conviction certificates, criminal record certificates and enhanced criminal record certificates under Part 5 of the Police Act 1997 (“the 1997 Act”). Regulation 9 of the 2008 Regulations prescribes the purposes for which an enhanced criminal record certificate may be required. Regulation 9B prescribes the cases in which an enhanced criminal record certificate must also include suitability information relating to adults.
Regulation 2(2) of these Regulations amends regulation 9 of the 2008 Regulations, creating a new prescribed purpose for which an enhanced criminal record certificate may be required. The effect of the amendment is to enable enhanced criminal record checks to be carried out in relation to individuals who are seeking to act as an adult placement carer, as well as any person living in the same household as an adult placement carer.
Regulations 2(3) amends regulation 9B of the 2008 Regulations, to make provision for checks on suitability information (barred list information) in respect of vulnerable adults, for the new prescribed purpose set out in regulation 2(2).
Regulation 2(4) amends regulation 12 of the 2008 Regulations, to extend eligibility for an enhanced check to those under the age of 16 who reside in the same household where the adult placement is taking place.
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