The Police Act 1997 (Criminal Records) (Registration) (Scotland) Regulations 2006

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision in connection with the register maintained under Part 5 of the Police Act 1997 (“the 1997 Act”), and registration thereon. They come into force on 1st April 2006.

Regulation 3 sets out the information to be included in the register maintained by the Scottish Ministers under section 120 of the 1997 Act.

Regulation 4 sets out the procedure for the nomination of individuals to act in relation to the countersigning of applications under Part 5 of the 1997 Act. A body or statutory office holder which has registered person status must, if it wishes to nominate such individuals, submit the names, addresses, dates of birth and specimen signatures of these individuals nominated to countersign applications for criminal record and enhanced criminal record certificates.

Regulation 5 details the procedure, under section 120(3)(b) of the 1997 Act, for the removal from the register of persons who are, in the opinion of the Scottish Ministers, no longer likely to wish to countersign applications under section 113A or 113B of the 1997 Act. Such persons may be bodies corporate or unincorporate, statutory office-holders or employers.

Regulation 6 concerns the procedure to be followed where the Scottish Ministers decide under sections 120(3)(ab), 120A(1) or (2), or 122(4) to refuse to include a person in the register or to remove a person from the register.

Regulation 7 prescribes the bodies equivalent to police authorities that are to receive payment in respect of information relating to registration sought from them by the Scottish Ministers.

Regulation 8 sets out the fee payable on application for inclusion in the register.

Regulation 9 sets out additional fees which are payable by a registered person which is a body or a statutory office holder for inclusion in the register of a second and each subsequent name of those individuals nominated to countersign applications under Part 5 of the Act.

Regulation 10 makes provision as to the periods which must elapse before a person refused registration or removed from the register can apply again to be included in the register.

Regulation 11 revokes the Police Act 1997 (Criminal Records) (Registration) (Scotland) Regulations 2002 (S.S.I. 2002/23).