The Police Act 1997 (Criminal Records) (Amendment) Regulations 2004

Statutory Instruments

2004 No. 367

POLICE, ENGLAND AND WALES

The Police Act 1997 (Criminal Records) (Amendment) Regulations 2004

Made

11th February 2004

Laid before Parliament

16th February 2004

Coming into force

Regulations 1, 3 and 4

9th March 2004

Regulation 2

1st April 2004

The Secretary of State, in exercise of the powers conferred on him by sections 113(1)(b), 114(1)(b), 115(1)(b) and 116(1)(b) of the Police Act 1997(1), and having regard to the meaning of “prescribed” in section 119(3) of that Act, hereby makes the following Regulations:

Citation, commencement, interpretation and extent

1.—(1) These Regulations may be cited as the Police Act 1997 (Criminal Records) (Amendment) Regulations 2004.

(2) Regulations 1, 3 and 4 of these Regulations shall come into force on 9th March 2004 and regulation 2 shall come into force on 1st April 2004.

(3) In these Regulations “the 2002 Regulations” means the Police Act 1997 (Criminal Records) Regulations 2002(2).

(4) These Regulations extend to England and Wales.

Fees for criminal record certificates and enhanced criminal record certificates

2.—(1) In regulation 4 of the 2002 Regulations for “£24” there shall be substituted “£28”.

(2) In regulation 4A of the 2002 Regulations for “£29” there shall be substituted “£33”.

Fees payable to police authorities for information provided to the Secretary of State

3.  In regulation 12 of the 2002 Regulations for the words “section 115 or 116” there shall be substituted “section 115, 116 or 120A(4)”.

4.  For Schedule 3 to the 2002 Regulations there shall be substituted the Schedule to these Regulations.

Hazel Blears

Minister of State

Home Office

11th February 2004

Regulation 4

SCHEDULE FEES PAYABLE TO POLICE AUTHORITIES

Police Force	Fee per request
Avon & Somerset	£2.74
Bedfordshire	£4.09
Cambridgeshire	£3.12
Cheshire	£4.82
City of London	£3.99
Cleveland	£4.84
Cumbria	£2.57
Derbyshire	£3.09
Devon & Cornwall	£2.74
Dorset	£2.50
Durham	£2.68
Dyfed-Powys	£2.57
Essex	£2.54
Gloucestershire	£2.96
Greater Manchester	£2.27
Gwent	£4.82
Hampshire	£2.67
Hertfordshire	£2.97
Humberside	£2.09
Kent	£3.31
Lancashire	£2.39
Leicestershire	£3.20
Lincolnshire	£2.21
Merseyside	£2.47
Metropolitan	£9.86
Norfolk	£3.30
North Wales	£3.29
North Yorkshire	£2.61
Northamptonshire	£3.32
Northumbria	£1.71
Nottinghamshire	£2.17
South Wales	£2.49
South Yorkshire	£2.79
Staffordshire	£2.35
Suffolk	£4.04
Surrey	£2.77
Sussex	£2.83
Thames Valley	£2.54
Warwickshire	£2.56
West Mercia	£2.27
West Midlands	£2.16
West Yorkshire	£2.08
Wiltshire	£2.53
Police Service of Northern Ireland	£7.13
Central Scotland	£5.00
Dumfries & Galloway	£5.00
Fife	£5.00
Grampian	£5.00
Lothian & Borders	£5.00
Northern	£5.00
Strathclyde	£5.00
Tayside	£5.00

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Police Act 1997 (Criminal Records) Regulations 2002.

Regulation 2 substitutes new fees for applications for criminal record certificates and enhanced criminal record certificates. The cost of a criminal record certificate rises from £24 to £28 and the cost of an enhanced criminal record certificate rises from £29 to £33. No fee is payable in relation to applications by volunteers for either criminal record certificates or enhanced criminal record certificates. The rises have effect from 1st April 2004.

Regulation 3 requires the Secretary of State to pay, with effect from 9th March 2004, the same fee to police authorities for requests for information made under section 120A(4) of the Police Act 1997 as he pays for requests made under section 115 or 116 of that Act.

Regulation 4 substitutes a new Schedule 3 to the Police Act 1997 (Criminal Records) Regulations 2002 setting out the fees payable to the police per request for information under section 115, 116 or 120A(4) of the Police Act 1997. The amendments to the fees payable have effect from 9th March 2004.

(1)

1997 c. 50; there have been amendments to sections 113 to 116 which are not relevant to the subject matter of these regulations. Section 119(3) was amended by sections 325 and 425 of, and paragraph 112 of Schedule 27 and Part 7 of Schedule 34 to, the Greater London Authority Act 1999 and by section 134(2)(c) of the Criminal Justice and Police Act 2001 (c. 16).

(2)

S.I. 2002/233; amendments have been made by S.I. 2003/137, 2003/520 and 2003/1418.