2009 No. 40
POLICE

The Police Act 1997 (Criminal Records) (Scotland) Amendment Regulations 2009

Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 112(3), 113A(6), and 113B(9) of the Police Act 19971 and all other powers enabling them to do so.

Citation, commencement and extent1.

(1)

These Regulations may be cited as the Police Act 1997 (Criminal Records) (Scotland) Amendment Regulations 2009 and come into force on 13th March 2009.

(2)

These Regulations extend to Scotland and, in so far as regulations 3 and 4 extend beyond Scotland, they do so only as a matter of Scots law.

Amendment of the Police Act 1997 (Criminal Records) (Scotland) Regulations 20062.

The Police Act 1997 (Criminal Records) (Scotland) Regulations 20062 are amended in accordance with regulations 3 and 4.

Amendment of regulation 7 (central records: prescribed details)3.

(1)

In regulation 7(1) (central records: prescribed details)–

(a)

at the end of sub-paragraph (a) omit “and”; and

(b)

after sub-paragraph (b), before the full out words, add–

  • “; and

    1. (a)

      held in the criminal records database of the Criminal Justice System Northern Ireland for the use of police forces generally,”.

(2)

In regulation 7(2)–

(a)

at the end of sub-paragraph (a) omit “and”; and

(b)

after sub-paragraph (b), before the full-out words, add–

  • “; and

    1. (a)

      convictions held in the criminal records database of the Criminal Justice System Northern Ireland for the use of police forces generally,”.

Amendment of regulation 8 (enhanced criminal record certificates: relevant police forces)4.

In regulation 8(1)(b) (enhanced criminal record certificates: relevant police forces)–

(a)

at the end of head (ii) omit “or”; and

(b)

after head (iii) add–

“(iv)

that Service has indicated on central records or the Interim Police Local Cross Reference Database that it holds non-conviction information relating to the applicant; or

(v)

the Scottish Ministers have reason to believe that it holds non-conviction information relating to the applicant;”.

ADAM INGRAM
Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

(This note is not part of the Regulations)

These Regulations amend the Police Act 1997 (Criminal Records) (Scotland) Regulations (S.S.I. 2006/96) (“the principal Regulations”). The principal 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 (c. 50) (“the 1997 Act”).

Regulation 3 amends regulation 7 (central records: prescribed details) of the principal Regulations to provide that the criminal records database of the Criminal Justice System Northern Ireland is a source of information comprising central records for the purposes of certificates under Part 5 of the 1997 Act.

Regulation 4 amends regulation 8 (enhanced criminal record certificates: relevant police forces) of the principal Regulations to extend the circumstances in which the Police Service of Northern Ireland is a “relevant police force” for the purposes of enhanced criminal record certificates.