The Police Act 1997 (Criminal Records) (Fees) Order 2004

Draft Order laid before the House of Commons under section 102(5) of the Finance (No. 2) Act 1987, for approval by resolution of that House.

Draft Statutory Instruments

2004 No.

FEES AND CHARGES

The Police Act 1997 (Criminal Records) (Fees) Order 2004

Made

2004

Coming into force

2004

The Secretary of State, in exercise of the powers conferred on him by section 102(3) of the Finance (No. 2) Act 1987(1), hereby makes the following Order, a draft of which has been approved by a resolution of the House of Commons:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Police Act 1997 (Criminal Records) (Fees) Order 2004 and shall come into force on the day after it is made.

(2) In this Order “volunteer” means a person engaged in an activity which involves spending time, unpaid (except for travel and other approved out-of-pocket expenses), doing something which aims to benefit some third party other than or in addition to a close relative.

Costs to be taken into account in fixing the fee payable for criminal record certificates and enhanced criminal record certificates

2.—(1) In relation to each of the powers to fix fees specified in paragraph (2), the functions listed in paragraph (3) below are hereby specified for the purposes of section 102(3) of the Finance (No. 2) Act 1987 as functions, the costs of which are to be taken into account in determining the amount of those fees, which are payable to the Secretary of State in accordance with the provisions specified in paragraph (2).

(2) The powers to fix fees are those in—

(a) section 113(1)(b) of the Police Act 1997(2);

(b) section 114(1)(b) of the Police Act 1997;

(c) section 115(1)(b) of the Police Act 1997; and

(d) section 116(1)(b) of the Police Act 1997.

(3) The functions are those of the Secretary of State of issuing—

(a) criminal record certificates to volunteers; and

(b) enhanced criminal record certificates to volunteers.

Minister of State

Home Office

2004

Explanatory Note

(This note is not part of the Order)

This Order specifies the functions which the Secretary of State may recover the costs of when setting the fees relating to the issue of criminal record and enhanced criminal record certificates. The functions are the issuing of criminal record and enhanced criminal record certificates to volunteers. Regulations 4 and 4A of the Police Act 1997 (Criminal Records) Regulations 2002 (S.I. 2002/233 as amended) detail the fees payable in relation to applications for criminal record and enhanced criminal record certificates, currently £24 and £29 respectively but due to rise to £28 and £33 respectively from 1st April 2004, and provide that volunteers are not required to pay a fee in relation to an application for either certificate.

(1)

1987 c. 51.

(2)

1997 c. 50; there have been amendments to sections 113 to 116 which are not relevant to the subject matter of this Order.