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Citation, commencement and extentE+W

1.—(1) These Regulations may be cited as the Police Act 1997 (Criminal Records) Regulations 2002 and shall come into force on 1st March 2002.

(2) These Regulations extend to England and Wales.

InterpretationE+W

2.  In these Regulations—

Textual Amendments

Marginal Citations

Application formE+W

3.  The form set out in Schedule 2 to these Regulations, or a form to the like effect, is hereby prescribed for the purposes of sections 113(1)(a) (criminal record certificate), 114(1)(a) (criminal record certificate: Crown employment), 115(1)(a) (enhanced criminal record certificate) and 116(1)(a) (enhanced criminal record certificate: judicial appointment and Crown employment) of the Act.

[F2Fees for criminal record certificates and enhanced criminal record certificatesE+W

4.  The fee payable in relation to an application for the issue of a criminal record certificate or an enhanced criminal record certificate is prescribed as—

(a)[F3£26] in the case of a criminal record certificate;

(b)£36 in the case of an enhanced criminal record certificate, and

(c)where an urgent preliminary response is sought under section 113E (3)(b) of the Act, an additional £6 in each case;

save that no fee is payable in relation to an application made by a volunteer.]

Textual Amendments

Fees for enhanced criminal record certificatesE+W

F44A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Relevant matters: prescribed detailsE+W

5.  The following details of a relevant matter for the purposes of sections 113(3)(a) and 115(6)(a)(i) of the Act (including those provisions as applied by sections 114(3) and 116(3), respectively) are hereby prescribed—

(a)in the case of a conviction within the meaning of the Rehabilitation of Offenders Act 1974 M3, including a spent conviction—

(i)the date of conviction;

(ii)the convicting court;

(iii)the offence; and

(iv)the method of disposal for the offence including details of any order made under Part 2 of the Criminal Justice and Court Services Act 2000 M4,

(b)in the case of a caution, reprimand or warning—

(i)the date of caution, reprimand or warning;

(ii)the place where the caution, reprimand or warning was issued; and

(iii)the offence which the person issued with a caution, reprimand or warning had admitted.

Marginal Citations

[F5Enhanced criminal record certificates: prescribed purposesE+W

5A.  The purposes for which an enhanced criminal record certificate may be required in accordance with a statement made by a registered person under section 113B (2)(b) of the Act are prescribed as follows, namely the purposes of—

[F6(a)considering the applicant’s suitability—

(i)to engage in any activity which is a regulated activity relating to children within the meaning of Part 1 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006, or

(ii)for a position which otherwise involves regularly caring for, training, supervising or being solely in charge of, persons aged under 18;]

[F7(aa)considering the applicant’s suitability for any work which is a controlled activity relating to children within the meaning of section 21 of the Safeguarding Vulnerable Groups Act 2006;]

[F8(b)considering the applicant’s suitability—

(i)to engage in any activity which is a regulated activity relating to vulnerable adults within the meaning of Part 2 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006, or

(ii)for a position which otherwise involves regularly caring for, training, supervising or being solely in charge of vulnerable adults within the meaning of section 59 of the Safeguarding Vulnerable Groups Act 2006;]

[F9(ba)considering the applicant’s suitability for a position which is concerned with—

F10(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)the representation of, or advocacy services for, [F11vulnerable adults within the meaning of section 59 of the Safeguarding Vulnerable Groups Act 2006], by a service which has been approved by the Secretary of State or created by or under any enactment,

and which is of such a kind as to enable a person , in the course of his normal duties in that position , to have access to such adults when they are receiving such services;]

[F12(bb)considering the applicant’s suitability for any work which is a controlled activity relating to vulnerable adults within the meaning of section 22 of the Safeguarding Vulnerable Groups Act 2006;]

[F13(c)obtaining or holding an operating licence under Part 5 of the Gambling Act 2005 for the purposes of that Act;

(d)obtaining or holding a personal licence under Part 6 of the Gambling Act 2005 for the purposes of that Act;

(e)considering an individual’s suitability for a position as Commissioner for the Gambling Commission and for any office or employment in the Commissioners’ service;]

(f)obtaining or holding a licence under section 5 or 6 of the National Lottery etcAct 1993 (running or promoting lotteries);

[F14(g)registration for child minding or providing day care under Part XA of the Children Act 1989, including assessing the suitability of any person to have regular contact with children who is—

(i)aged 16 or over and living on the premises at which the child minding or day care is being or is to be provided;

(ii)aged 16 or over and working, or who will be working, on the premises at which the child minding or day care is being or is to be provided at times when such child minding or day care is being or is to be provided;]

[F15(ga)registration under Chapters 2, 3 or 4 of Part 3 of the Childcare Act 2006 (regulation of provision of childcare in England)[F16, including assessing the suitability of any person to have regular contact with children who is— ]

(i)aged 16 or over and living on the premises at which the childcare is being or is to be provided;

(ii)aged 16 or over and working on the premises at which the childcare is being or is to be provided at times when such childcare is being or is to be provided;]

(h)registration under Part II of the Care Standards Act 2000 (establishments and agencies);

(i)registration under Part IV of that Act (social care workers);

(j)placing children with foster parents in accordance with any provision of, or made by virtue of, the Children Act 1989 or the Children (Northern Ireland) Order 1995 or the exercise of any duty under or by virtue of, [F17section 67] of that Act or article 108 of that Order (welfare of privately fostered children)[F18, including obtaining information in respect of any person who is—

(i)aged 18 or over and living in the same household as a person who is, or who wishes to be approved as, a foster parent within the meaning of section 53(7)(a) or (b) of the Safeguarding Vulnerable Groups Act 2006;

(ii)aged 16 or over and living in the same household as a person who fosters, or intends to foster, a child privately within the meaning of section 66(1) of the Children Act 1989 or who is otherwise a private foster parent within the meaning of section 53(7)(c) and (8) of the Safeguarding Vulnerable Groups Act 2006;]

(k)a decision made by an adoption agency within the meaning of section 2 of the Adoption and Children Act 2002 as to a person’s suitability to adopt a child[F19, including obtaining information in respect of any person aged 18 years or over living in the same household as the prospective adopter;]

F20(l). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21(m). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22(n). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F23(o). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F24(p)considering an individual’s suitability for working in [F25the [F26Department for Education]], the Office for Standards in Education, Children’s Services and Skills or in the Government Offices for the English Regions with access to sensitive or personal information about children or vulnerable adults;

(q)considering an individual’s suitability for any office, employment or other work which is concerned with the establishment or operation of a database under section 12 of the Children Act 2004, and which is of such a kind as to enable the holder of that office or employment, or the person engaged in that work, to have access to information included in the database;

(r)considering an individual’s suitability for any office, employment or other work which is of such a kind that the person is or may be permitted or required to be given access to a database under section 12 of the Children Act 2004;

F27(s). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F28(t). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(u)considering an individual’s suitability for a position working within the Public Guardianship Office, (to be known as the Office of the Public Guardian from October 2007), with access to data relating to children and vulnerable adults;

(v)F29... considering the suitability of any person appointed by the Commissioner [F30for Older People in Wales] to assist him in the discharge of his functions or authorised to discharge his functions on his behalf;

F31(w). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F32(x)considering the applicant’s suitability for work as a person who provides immigration advice or services as defined in section 82(1) of the Immigration and Asylum Act 1999 and is—

(i)a registered person under Part 5 of that Act, or

(ii)a person who acts on behalf of and under the supervision of such a registered person, or

(iii)a person who is exempt by section 84(4)(a) to (c) of that Act;

(y)considering the applicant’s suitability to obtain or retain a licence under regulation 5 of the Misuse of Drugs Regulations 2001 or under Article 3(2) of Regulation 2004/273/EC or under Article 6(1) of Regulation 2005/111/EC where the question relates to any person who as a result of his role in the body concerned is required to be named in the application for such a licence (or would have been so required if that person had had that role at the time the application was made); F33...

(z)considering the applicant’s suitability for any office or employment or other work in the Criminal Records Bureau[F34; or]]

[F34(za)considering the applicant’s suitability for work in a further education institution (within the meaning of section 140 of the Education Act 2002) where the normal duties of that work involve regular contact with persons aged under 18.]]

Textual Amendments

Vulnerable AdultE+W

F355B.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Health Service listsE+W

F365C.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

List kept under section 1 of the Protection of Children Act 1999: prescribed detailsE+W

F376.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F387.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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List kept under section 81 of the Care Standards Act 2000: prescribed detailsE+W

F398.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Criminal record certificates: suitability relating to adults: prescribed positionsE+W

F408A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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[F41 Central records: prescribed detailsE+W

9.  Information in any form relating to convictions, cautions, reprimands and warnings on a names database held by the National Policing Improvement Agency for the use of constables is prescribed as “central records” for the purposes of section 113A(6) of the Police Act 1997 (including that provision as applied by sections 114(3) and 116(3)).]

Textual Amendments

Enhanced criminal record certificates: relevant police forcesE+W

10.  For the purposes of an application for an enhanced criminal record certificate “relevant police force” means—

[F42(a)where information is held in relation to the applicant in the record of convictions and cautions held for the use of police forces generally, the police force in whose area the applicant currently resides;]

F43(aa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F44(b)where it appears to the Secretary of State that information is held by a police force in relation to the applicant other than in the record of convictions and cautions held for the use of police forces generally, the police force which appears to be holding that information;]

F45(ba). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F45(bb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F45(bc). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F45(bd). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F46(c)where the application is made in relation to a prescribed purpose which is to be carried out primarily at the applicant’s place of residence, the police force in whose area the applicant currently resides;]

F47(ca). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)any police force that the Secretary of State determines to be relevant to the application.

Textual Amendments

Evidence of identity: fingerprintingE+W

11.—(1) Where the Secretary of State requires an application under Part V of the Act to be supported by evidence of identity in the form of fingerprints then the place at which they are to be taken is to be determined in accordance with paragraphs (2) and (3) below and he shall notify the applicant—

(a)of his requirement; and

(b)of the fact that any fingerprints taken from the applicant and provided to the Secretary of State in pursuance of the requirement may be the subject of a speculative search.

(2) Any applicant in receipt of such notification shall notify the Secretary of State of whether he wishes to proceed with his application and, if so, notify the Secretary of State—

(a)that he consents to the taking of his fingerprints; and

[F48(b)either—

(i)that he proposes to attend at a police station (“the specified police station”) for the purpose of having his fingerprints taken, or

(ii)that he proposes to have his fingerprints taken by the registered person countersigning or acting as the registered person in relation to his application under this Part.]

[F49(2A) But a person can only have his fingerprints taken under paragraph (2)(b)(ii) with the consent of the Secretary of State.]

(3) The Secretary of State may require the police officer in charge of the specified police station, or any other police station he reasonably determines, to take the applicant’s fingerprints at the specified station at such reasonable time as the officer may direct and notify to the applicant.

(4) Fingerprints taken in connection with an application under Part V of the Act must be destroyed as soon as is practicable after the identity of the applicant is established to the satisfaction of the Secretary of State.

(5) If fingerprints are destroyed—

(a)any copies of the fingerprints shall also be destroyed; and

(b)any chief officer of police controlling access to computer data relating to the fingerprints shall make access to the data impossible, as soon as it is practicable to do so.

(6) Any applicant who asks to be allowed to witness the destruction of his fingerprints or copies of them shall have a right to witness it.

(7) If—

(a)paragraph (5)(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 him, not later than the end of the period of three months beginning with the day on which he asks for it, by the responsible chief officer of police or a person authorised by him or on his behalf for the purposes of this regulation.

(8) In the case of an applicant under the age of 18 years the consent of the applicant’s parent or guardian to the taking of the applicant’s fingerprints is also required.

(9) In this regulation—

Textual Amendments

Marginal Citations

[F50Exception to unlawful disclosure provisionsE+W

Textual Amendments

12.—(1) The following purpose is specified for the purposes of subsection (6) (e) and (f) of section 124 of the Act (exceptions to prohibition of disclosure beyond a registered body), namely disclosure by an employment agency or an employment business, whether or not in response to an exempted question, for the purpose of consideration,E+W

(a)by an educational institution, within the meaning given by section 42 of the Criminal Justice and Court Services Act 2000, or

(b)by an institution within the further education sector , within the meaning given by section 91(3) of the Further and Higher Education Act 1992 ,

of a person’s suitability for a position at that institution.

(2) In paragraph (1) above the references to an employment agency and an employment business are references to such an agency or business within the meanings given by section 13 of the Employment Agencies Act 1973.]

Textual Amendments

Minister of State

Home Office