The Police Act 1997 (Criminal Records) (Scotland) Amendment Regulations 2008

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Police Act 1997 (Criminal Records) (Scotland) Regulations 2006 (“the principal Regulations”). The principal Regulations make detailed provision in relation to applications for criminal conviction certificates, criminal record certificates and enhanced criminal record certificates under Part 5 of the Police Act 1997 (“the 1997 Act”).

Regulation 3 inserts new regulation 7A into the principal Regulations and prescribes the Scottish Crime and Drug Enforcement Agency and the Child Exploitation and Online Protection Centre as police forces for the purposes of section 113B(11)(c) of the 1997 Act, which concerns enhanced criminal record certificates.

Regulation 4 amends regulation 8 of the principal Regulations to provide that the Scottish Crime and Drug Enforcement Agency and the Child Exploitation and Online Protection Centre are included within the definition of “relevant police force” for the purposes of applications for enhanced criminal record certificates.

Regulation 5 amends regulation 11 of the principal Regulations, which sets out the matters for which purposes exempted questions can be asked, to update references to gambling legislation and to prescribe applications for orders under the Adults with Incapacity (Scotland) Act 2000 as a matter for which an exempted question can be asked.

Regulation 6 amends regulation 12 of the principal Regulations, which sets out the individuals in relation to whom an exempted question can be asked, to: extend references to individuals working as or for school inspectors; include individuals working in prisons and other detention centres; and include individuals working as or for social work inspectors.

Regulation 7 inserts new regulation 16A into the principal Regulations and prescribes the Borders and Immigration Agency for the purposes of section 118(2A)(e) of the 1997 Act, which ensures that, for the purpose of verifying evidence of identity, the Scottish Ministers may obtain information from the Borders and Immigration Agency.

Regulation 8 amends regulation 17 of the principal Regulations, which prescribes the bodies to which fees payable under section 119(3) of the 1997 Act may be paid, to provide that the Scottish Ministers can also pay the bodies in regulation 8 for information provided by them to Ministers.