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The Police Act 1997 (Criminal Records) (Scotland) Amendment Regulations 2007

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Scottish Statutory Instruments

2007 No. 112

POLICE

The Police Act 1997 (Criminal Records) (Scotland) Amendment Regulations 2007

Made

22nd February 2007

Laid before the Scottish Parliament

26th February 2007

Coming into force

1st April 2007

The Scottish Ministers, in exercise of the powers conferred by sections 112(3) and 113A(6) of the Police Act 1997(1), and of all other powers enabling them in that behalf, make the following Regulations:

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Police Act 1997 (Criminal Records) (Scotland) Amendment Regulations 2007 and shall come into force on 1st April 2007.

(2) These Regulations extend to Scotland and, in so far as regulation 2 extends beyond Scotland, it does so only as a matter of Scots law.

Amendment of the Police Act 1997 (Criminal Records) (Scotland) Regulations 2006

2.—(1) Regulation 7 of the Police Act 1997 (Criminal Records) (Scotland) Regulations 2006(2) (central records: prescribed details) is amended as follows.

(2) In each of paragraphs (1)(a) and (2)(a), for “Scottish Criminal Record Office” substitute “Scottish Police Services Authority”.

(3) In each of paragraphs (1)(b) and (2)(b)–

(i)for “index” substitute “database”; and

(ii)for “Police Information Technology Organisation” substitute “National Policing Improvement Agency”.

CATHY JAMIESON

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

22nd February 2007

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Police Act 1997 (Criminal Records) (Scotland) Regulations 2006. Regulation 7 of those Regulations prescribes records of convictions held for the use of police forces generally as central records.

The amendments replace references to the Scottish Criminal Record Office with references to the Scottish Police Services Authority, and references to the names index which has been held by the Police Information Technology Organisation with references to the names database to be held by the National Policing Improvement Agency.

(1)

1997 c. 50. Section 113A was inserted by the Serious Organised Crime and Police Act 2005 (c. 15) (“the 2005 Act”), section 163(2). See section 125(1) of the Police Act 1997 for a definition of “prescribed”. By virtue of section 126(3) of the Police Act 1997, as amended by the 2005 Act, section 166(2), in the application of Part 5 of that Act of 1997 to Scotland certain references to the Secretary of State must be construed as references to the Scottish Ministers.

(2)

S.S.I. 2006/96, to which there are amendments not relevant to these Regulations.

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