The Police Act 1997 (Criminal Records) Regulations 2009

• Citation: S.I. 2009/460
• Sections: 3

Section 1 Citation, commencement and extent

(1) These Regulations may be cited as the Police Act 1997 (Criminal Records) Regulations 2009 and shall come into force on 1st April 2009.

(2) These Regulations extend to England and Wales.

Section 2 Enhanced criminal record certificates: police forces

For the purposes of section 113B of the Police Act 1997 (enhanced criminal records)—

(a) the Criminal Records Bureau must be treated as if it were a police force;

(b) any reference to the chief officer of police, in relation to the Criminal Records Bureau, is to be taken to be the Chief Executive of the Criminal Records Bureau;

(c) the Scottish Crime and Drug Enforcement Agency must be treated as if it were a police force;

(d) any reference to the chief officer of police, in relation to the Scottish Crime and Drug Enforcement Agency, is to be taken to be the Director General of the Scottish Crime and Drug Enforcement Agency.

Section 3 Amendment of the Police Act 1997 (Criminal Records) Regulations 2002

(1) The Police Act 1997 (Criminal Records) Regulations 2002 are amended as follows:

(2) In regulation 10 (enhanced criminal record certificates: relevant police forces), after sub-paragraph (c) insert—

(ca) the Criminal Records Bureau if—

(i) there is no UK residence address within the last 5 years provided on the application; and

(ii) no other police force appears to the Secretary of State to be relevant to the application.

(3) In regulation 11(2) (evidence of identity: fingerprinting), for sub-paragraph (b) substitute–

(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.

(4) After regulation 11(2) insert the following paragraph—

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