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STATUTORY INSTRUMENTS


2007 No. 3283

CRIMINAL LAW, NORTHERN IRELAND

The Police Act 1997 (Criminal Records) (Registration) Regulations (Northern Ireland) 2007

  Made 19th November 2007 
  Laid before Parliament 26th November 2007 
  Coming into force 17th December 2007 

The Secretary of State, in exercise of the powers conferred upon him by sections 120ZA, 120AA and 125 of the Police Act 1997[1] hereby makes the following Regulations:

Citation, commencement and extent
     1. —(1) These Regulations may be cited as the Police Act 1997 (Criminal Records) (Registration) Regulations (Northern Ireland) 2007, and shall come into force on 17th December 2007.

    (2) These regulations extend to Northern Ireland.

Interpretation
    
2. In these Regulations—

The register
     3. —(1) There shall be included in the register the following information:

Nomination of authorised individuals
    
4. —(1) A body or statutory office-holder applying for registration under section 120 of the 1997 Act[3] shall submit with the application the names of the individuals authorised to act for the body or statutory office-holder in relation to the countersigning of applications under Part V of the 1997 Act.

    (2) A registered body and a registered person who is a statutory office-holder shall submit to the Secretary of State the names of any individuals so authorised after the registration of the body or the statutory office-holder, whether or not in substitution for any name previously submitted.

    (3) The Secretary of State may refuse to accept, or to continue to accept, the nomination of an individual as so authorised if, in the opinion of the Secretary of State, that individual is not a suitable person to have access to information which has become, or is likely to become, available to him as a result of the registration of the body or the statutory office-holder which nominated him.

    (4) In determining for the purposes of this regulation whether an individual is a suitable person to have access to any information, the Secretary of State may have regard, in particular, to the matters specified in section 120A(3) of the 1997 Act[4].

    (5) Where the Secretary of State refuses to accept, or to continue to accept, the nomination of an individual under this regulation, he shall notify the body or the statutory office-holder concerned, and that body or statutory office-holder may submit the name of another individual in substitution.

Fee on application for inclusion in the register
     5. The fee payable by a person on application for inclusion in the register shall be £150.

Additional fees
    
6.

    (2) There shall be payable by a registered person which is a statutory office-holder a fee of £10 in respect of the second and each subsequent name entered in the register in accordance with regulation 3(f)(i) above.

Conditions attached to registration
    
7. A person's registration shall be subject to the following conditions:

     8. —(1) It shall be a condition of a person's registration that he shall allow a person authorised in writing for the purpose by the Secretary of State to enter any premises owned or occupied by any person appearing to him to be a registered person or an individual nominated in accordance with regulation 4 above, other than premises occupied exclusively for residential purposes as a private dwelling;

    (2) A person authorised in writing for the purpose by the Secretary of State may require any person appearing to be a registered person or an individual nominated in accordance with regulation 4 above to produce to him any documents for the purposes of assessing whether the registered person or individual nominated in accordance with regulation 4 above has complied with the conditions of registration.

    (3) A person exercising the power conferred by regulation 8(1) shall do so only at a reasonable hour.

    (4) A person exercising the power conferred by regulation 8(1) shall comply with any reasonable request (whether before or after entry is gained to the premises) by any person present on the premises to do any one or more of the following—

    (5) A person exercising the power conferred by regulation 8(1) shall make a record of the date and time of his entry, the period for which he remained there and his conduct while there.

    (6) If the person exercising the power conferred by regulation 8(1) is requested to do so by any person present on the premises at the time of entry, he shall provide that person with a copy of the record made under paragraph (5).

    
9. The Secretary of State may remove from the register any registered person who fails to comply with the conditions set out in regulations 7 and 8 above.

Limit on number of countersignatures
    
10. —(1) The Secretary of State may refuse to accept a registered body's or statutory officeholder's nomination of a person to countersign any applications under Part V of the 1997 Act if the maximum number of names for that registered body or statutory office-holder are already registered.

    (2) For the purposes of paragraph (1) above, the maximum number of names for a registered body or statutory office-holder is that specified administratively by the Secretary of State.

    (3) Where more than the maximum number of names have been registered, the Secretary of State may remove from the register such number of names as is necessary to bring the registered body's or statutory office-holder's number of registered names to the maximum number permitted.

Registration application form
    
11. Applications to register shall be made on the form prescribed in the Schedule to these regulations or one to like effect.


Paul Goggins
Minister of State

Northern Ireland Office
19.11.07



SCHEDULE


Click here to view Form 1 of 9


Click here to view Form 2 of 9


Click here to view Form 3 of 9


Click here to view Form 4 of 9


Click here to view Form 5 of 9


Click here to view Form 6 of 9


Click here to view Form 7 of 9


Click here to view Form 8 of 9


Click here to view Form 9 of 9


EXPLANATORY NOTE

(This note is not part of the Regulations)


These regulations are made under sections 120ZA, 120AA and 125 of the Police Act 1997 (the "Act"), and come into force on 17th December 2007. Regulation 3 sets out the information to be included in the register maintained by the Secretary of State under section 120 of the Act.

Regulation 4 sets out the procedure for the nomination of authorised individuals in relation to the countersigning of applications under Part V of the Act. A body or statutory office holder which has registered person status must submit names of those persons who are authorised to countersign applications for criminal record and enhanced criminal record certificates.

Regulation 5 sets out the fee payable on application for inclusion in the register.

Regulation 6 sets out additional fees which are payable by a registered person which is a body or a statutory office-holder for inclusion in the register of a second and each subsequent name of those authorised to countersign applications under Part V of the Act.

Regulation 7 sets out conditions which are attached to registration. These include requirements as to the payment of fees, the publication of details of charges levied, ensuring the accuracy of the information detailed on the disclosure application form, verification of the identity of the applicant prior to making an application for a criminal record or an enhanced criminal record certificate, compliance with the code of practice, suitability of electronic systems used, and the number of applications which must be signed.

Regulation 8 provides that registered persons and countersignatories must allow the Secretary of State access to their premises in order for an assessment of compliance with the conditions attached to registration to take place.

Regulation 10 sets out the limit on the number of countersignatories, and provides that the Secretary of State may refuse to accept the nomination of an authorised person of a countersignatory if the maximum number is already registered. It also allows the Secretary of State to remove countersignatories from the register.

Regulation 11 provides that the application form contained in Schedule 1 to these regulations or one to like effect, must be used when applying for registration.

A full regulatory impact assessment of the effect that this instrument will have on the costs of business is available from the Northern Ireland Office, Castle Buildings, Stormont Estate, Belfast.


Notes:

[1] 1997 c. 50; sections 120ZA and 120AA were inserted by section 328 of, and paragraphs 1, 7 and 9 of Schedule 35 to, the Criminal Justice Act 2003 (c.44).back

[2] S.R. 1979 No. 195 (as amended)back

[3] 1997 c. 50; section 120 was amended by section 134(3) and (4) of the Criminal Justice and Police Act 2001 (c. 16)back

[4] 1997 c. 50; section 120 was amended by section 134(3) and (4) of the Criminal Justice and Police Act 2001 (c. 16)back



ISBN 978 0 11 080082 0


 © Crown copyright 2007

Prepared 27 November 2007


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