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Statutory Instruments of the Scottish Parliament |
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You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> The Police Act 1997 (Criminal Records) (Scotland) Regulations 2002 URL: http://www.bailii.org/scot/legis/num_reg/2002/20020143.html |
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The Scottish Ministers, in exercise of the powers conferred by the provisions of the Police Act 1997[1] which are specified in Schedule 1 to these Regulations and of all other powers enabling them in that behalf, hereby make the following Regulations: Citation, commencement and extent 1. - (1) These Regulations may be cited as the Police Act 1997 (Criminal Records) (Scotland) Regulations 2002 and shall come into force in accordance with paragraph (2). (2) These Regulations shall come into force -
(b) for all other purposes, on 28th April 2002.
(3) These Regulations extend to Scotland and, in so far as regulations 7 and 8 extend beyond Scotland, they do so only as a matter of Scots law.
(b) the convicting court; (c) the offence; and (d) the method of disposal for the offence.
Relevant matters: prescribed details
(ii) the convicting court; (iii) the offence; and (iv) the method of disposal for the offence;
(b) in the case of a caution-
(ii) the place where the caution was given; and (iii) the offence which the person given the caution had admitted.
Central records: prescribed details
(b) on a names index held by the Police Information Technology Organisation for the use of police forces generally,
is hereby prescribed as "central records" for the purposes of section 112(3) of the Act.
(b) convictions and cautions on a names index held by the Police Information Technology Organisation for the use of police forces generally,
is hereby prescribed as "central records" for the purposes of section 113(5) of the Act (including that provision as applied by sections 114(3), 115(6) and 116(3)).
(ii) in which the applicant was born; or (iii) in which the applicant was convicted at any time;
(b) the Police Service of Northern Ireland if-
(ii) the applicant was born in Northern Ireland; and (iii) the applicant was convicted in Northern Ireland at any time;
(c) such other police force as the chief officer of police of a police force identified as a relevant police force by virtue of paragraph (a) or (b) determines;
Evidence of identity: fingerprinting
(b) of the police station in Scotland ("the nominated police station") that the applicant proposes to attend at 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.
(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.
(7) Any applicant whose fingerprints have been taken in connection with an application under Part V of the Act 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 the fingerprints or any copies of them, be allowed to witness the destruction of those fingerprints and any copies.
(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.
(b) a 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.
Fees payable to police authorities for information provided to the Scottish Ministers These Regulations are made under the following provisions of the Police Act 1997-
(b) having regard to the meaning of "prescribed" in section 125(1), in sections 112(1)(a), (2)(a) and (3), 113(1)(a), (3)(a) and (5), 114(1)(a), 115(1)(a) and (6)(a)(i), 116(1)(a), 118(2)(a) and 119(3).
    (This note is not part of the Regulations) These Regulations make detailed provisions in relation to applications for criminal conviction certificates, criminal record certificates and enhanced criminal record certificates under Part V of the Police Act 1997. Regulation 3 requires an application for the issue of a criminal conviction certificate, criminal record certificate or an enhanced criminal record certificate to be made on the form, or one to like effect, set out in Schedule 2 to the Regulations. Regulation 4 specifies the fee for such an application as £13.60. Regulation 5 prescribes the details of convictions which appear on criminal conviction certificates. Regulation 6 prescribes the details of convictions and cautions which appear on criminal record certificates and enhanced criminal record certificates. Regulation 7 prescribes the sources of information comprising central records for the purposes of certificates under Part V. Regulation 8 defines "relevant police force" for the purposes of enhanced criminal record certificates. Regulation 9 makes provisions in relation to the taking of fingerprints from applicants where the Scottish Ministers require them for the purposes of ascertaining the identity of an applicant. Regulation 10 prescribes the fees to be paid to police authorities who maintain police forces that have been requested to supply information in relation to an application for an enhanced criminal record certificate. [1] 1997 c.50. The powers conferred by the provisions in Schedule 1 transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).back
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| © Crown copyright 2002 | Prepared 22 April 2002 |
