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

EXPLANATORY NOTE

(This note is not part of the Regulations)

Regulations 2 to 11 of these Regulations amend the Police Act 1997 (Criminal Records) Regulations 2002 (“the 2002 Regulations”) and regulations 12 and 13 of these Regulations amend the Police Act 1997 (Criminal Records) (No. 2) Regulations 2009 (“the 2009 Regulations”).

Regulations 2 to 10 of these Regulations amend regulation 5A of the 2002 Regulations which provides the list of positions eligible for enhanced criminal record certificates (“enhanced certificates”) under section 113B of the Police Act 1997 (“the 1997 Act”).

Regulations 3 and 5 ensure that those people who were engaging in regulated activity as defined in the Safeguarding Vulnerable Groups Act 2006 (“the 2006 Act”) before that definition was amended by sections 64 and 66 of the Protection of Freedoms Act 2012 (“the 2012 Act”) remain eligible for enhanced certificates.

Regulations 4 and 7 ensure that those people who were entitled to enhanced certificates by virtue of working in controlled activity as defined in the 2006 Act are no longer entitled to enhanced certificates; controlled activity is abolished by section 68 of the 2012 Act.

Regulation 6 ensures that the definition of vulnerable adults in the 2002 Regulations which refers back to the definition in the 2006 Act remains the same, even after the definition in the 2006 Act is amended by section 65 of the 2012 Act.

Regulation 8 reflects the abolition of the Government Offices for the English Regions.

Regulation 9 updates eligibility in respect of persons working in the Office of the Public Guardian, who have access to data relating to certain adults, by defining those adults as those receiving relevant assistance within the meaning of the 2006 Act as amended by section 66 of the 2012 Act.

Regulation 10 provides one new category of persons who are eligible for enhanced certificates – those persons whoa are aged 16 and over and who are members of the household of another person who works closely with children (including persons engaging in regulated activity relating to children) where both of those persons live on the same premises as the work takes place. This might include, for example, the spouse of a boarding school manager when both the boarding school manager and the spouse live on-site at the school.

Regulation 11 revokes regulation 10 of the 2002 Regulations reflecting changes made by section 82 of the 2012 Act to the procedure for requesting police information for enhanced certificates.

Regulation 12 substitutes a new regulation 5 in the 2009 Regulations which prescribes the cases in which suitability information relating to children (children’s barred list information) must be included on enhanced certificates.

Regulation 13 substitutes a new regulation 6 in the 2009 Regulations which prescribes the cases in which suitability information relating to vulnerable adults (adults’ barred list information) must be included on enhanced certificates.

An impact assessment has not been produced for this instrument as no impact on the private, voluntary or public sector is foreseen.