The Police Act 1997 (Criminal Records) (Amendment No. 3) Regulations 2003

Statutory Instruments

2003 No. 520

POLICE, ENGLAND AND WALES

The Police Act 1997 (Criminal Records) (Amendment No. 3) Regulations 2003

Made

6th March 2003

Laid before Parliament

10th March 2003

Coming into force

31st March 2003

The Secretary of State, in exercise of the powers conferred upon him by sections 113(3A)(d) and 115(6A)(d) of the Police Act 1997(1), having regard to the meaning of “prescribed” in section 125 of that Act, hereby makes the following Regulations:

Citation, commencement, extent and interpretation

1.—(1) These Regulations may be cited as the Police Act 1997 (Criminal Records) (Amendment No. 3) Regulations 2003.

(2) These Regulations, except regulation 3, shall come into force on 31st March 2003.

(3) Regulation 3 shall come into force in Wales on 31st March 2003 and in England on 1st June 2003.

(4) In these Regulations the “2002 Regulations” means the Police Act 1997 (Criminal Records) Regulations 2002(2).

Amendment to 2002 Regulations

2.—(1) Regulation 6 of the 2002 Regulations is amended as follows.

(2) For sub-paragraph (1)(a) there is substituted—

“(a) the fact that he is included in the list;”.

(3) In sub-paragraph (1)(e) for the words “the person” there is substituted “he”.

3.  In the 2002 Regulations, for regulation 7 there is substituted—

“Directions made under section 142 of the Education Act 2002: prescribed details

7.   In the case of an applicant subject to a direction made under section 142 of the Education Act 2002 the following details are hereby prescribed for the purposes of sections 113(3A)(d) and 115(6A)(d) of the Act—

(a) the fact that he is subject to such a direction;

(b) the date the direction was given;

(c) details of any prohibition or restriction on his employment; and

(d) the grounds on which the direction was made, and, where the grounds are misconduct, details of the misconduct.”.

4.—(1) Regulation 8 of the 2002 Regulations is amended as follows.

(2) For paragraph (a) there is substituted—

“(a) the fact that he is included in the list;”.

(3) In paragraphs (c) and (e) for the words “the person” there is substituted “he”.

Charles Falconer

Minister of State

Home Office

6th March 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations substitute a new regulation 7 in the Police Act 1997 (Criminal Records) Regulations 2002 (“the 2002 Regulations”) in consequence of the repeal of section 218 of the Education Reform Act 1988 (c. 40) and the coming into force of section 142 of the Education Act 2002 (c. 32) on 31st March 2003 and 1st June 2003 in Wales and England respectively. Other minor amendments are made to regulations 6 and 8 of the 2002 Regulations.

(1)

1997 c. 50; sections 113(3A) and 115(6A) were inserted by section 8(1) and (2) of the Protection of Children Act 1999 respectively and amended by sections 102(1), (2), 104 (1), (2)(a), (3)(b) and 116 of, and paragraph 25 of Schedule 4 to, the Care Standards Act 2000. Further amendments are made by section 215(1) of, and paragraphs 72 and 73 of Schedule 21 to, the Education Act 2002 (c. 32).

(2)

S.I. 2002/233; to which there have been amendments not relevant to the subject matter of these Regulations.