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

Evidence of identity: fingerprinting

16.—(1) Where the Scottish Ministers require an application under Part 5 to be supported by evidence of identity in the form of fingerprints they shall notify the applicant of this requirement and of the procedures set out in paragraphs (2) to (8).

(2) An applicant in receipt of notification in accordance with paragraph (1) who wishes to proceed with the application shall notify in writing the Scottish Ministers within the period specified in paragraph (3)–

(a) that the applicant consents to the taking of his or her fingerprints; and

(b) of the police station in the United Kingdom (“the nominated police station”) at which the applicant proposes to attend for the purpose of having the fingerprints taken.

(3) Where notice in accordance with paragraph (2) is not received by the Scottish Ministers within the period of 28 days from the date of the notification under paragraph (1) the application shall be considered to have been withdrawn.

(4) The police officer in charge of the nominated police station, or of such other police station as Scottish Ministers may reasonably specify (“the specified police station”), may take the applicant’s fingerprints at the nominated police station on such reasonable date and time as that officer shall direct and notify to the applicant.

(5) Fingerprints taken in connection with an application under Part 5 must be destroyed by the police officer in charge of the nominated police station or specified police station, or the Scottish Ministers, as soon as is practicable after the identity of the applicant is established to the satisfaction of the Scottish Ministers.

(6) If fingerprints taken in connection with an application under Part 5 are destroyed–

(a) any copies of those fingerprints taken in connection with an application under Part 5 shall also be destroyed; and

(b) any chief officer of police controlling access to computer data relating to those fingerprints taken in connection with an application under Part 5 shall make access to the data impossible, as soon as it is practicable to do so.

(7) Any applicant whose fingerprints have been taken in connection with an application under Part 5 shall, on request made in writing to the police officer in charge of the nominated police station or, as the case may be, specified police station at any time prior to destruction of those fingerprints or any copies of them, be allowed to witness the destruction of those fingerprints and any copies.

(8) If–

(a) paragraph (6)(b) above falls to be complied with; and

(b) the applicant to whose fingerprints the data relates asks for a certificate that it has been complied with,

such a certificate shall be issued to the applicant, not later than the end of the period of three months beginning with the day on which the certificate is asked for, by the responsible chief officer of police or by a person authorised by the chief officer or on behalf of the chief officer for the purposes of this regulation.

(9) In the case of an applicant under the age of 16 years the consent of–

(a) a person having, in relation to that applicant, parental responsibilities (within the meaning of section 1(3) of the Children (Scotland) Act 1995(1)) or parental rights (within the meaning of section 2(4) of that Act); or

(b) in England and Wales the applicant’s parent, guardian or other person having parental responsibility for the applicant within the meaning of section 3 of the Children Act 1989(2),

to the taking of the applicant’s fingerprints is also required.

(10) In this regulation–

(a) “responsible chief officer of police” means the chief officer of police in whose area the computer data was put on to the computer; and

(b) reference to notifying in writing or making a request in writing includes a reference to an electronic communication (within the meaning of the Electronic Communications Act 2000(3)) which has been recorded and is subsequently capable of being produced.

(1)

1995 c. 36

(2)

1989 c. 41.

(3)

2000 c. 7.