Made | 7th February 2002 | ||
Laid before Parliament | 7th February 2002 | ||
Coming into force | 1st March 2002 |
Application form
3.
The form set out in Schedule 2 to these Regulations, or a form to the like effect, is hereby prescribed for the purposes of sections 113(1)(a) (criminal record certificate), 114(1)(a) (criminal record certificate: Crown employment), 115(1)(a) (enhanced criminal record certificate) and 116(1)(a) (enhanced criminal record certificate: judicial appointment and Crown employment) of the Act.
Fees for criminal record certificates and enhanced criminal record certificates
4.
The fee payable in relation to an application for the issue of a criminal record certificate or an enhanced criminal record certificate is hereby prescribed as £12 save that no fee is payable in relation to an application made by a volunteer.
Relevant matters: prescribed details
5.
The following details of a relevant matter for the purposes of sections 113(3)(a) and 115(6)(a)(i) of the Act (including those provisions as applied by sections 114(3) and 116(3), respectively) are hereby prescribed -
(b) in the case of a caution, reprimand or warning -
List kept under section 1 of the Protection of Children Act 1999: prescribed details
6.
- (1) In the case of an applicant included in the list kept under section 1 of the Protection of Children Act 1999[5] the following details are hereby prescribed for the purposes of sections 113(3A)(b) and 115(6A)(b) of the Act[6] -
(2) In this regulation "childcare position" and "childcare organisation" have the same meanings as in section 12 of the Protection of Children Act 1999[7].
List kept for the purposes of regulations made under subsection (6) of section 218 of the Education Reform Act 1988: prescribed details
7.
- (1) In the case of an applicant included in the list kept for the purposes of regulations made under subsection (6) of section 218 of the Education Reform Act 1988[8] the following details are hereby prescribed for the purposes of sections 113(3A)(b) and 115(6A)(b) of the Act -
(2) If the ground on which an applicant is included on the list kept for the purposes of regulations made under subsection (6) of section 218 of the Education Reform Act 1988 is misconduct then any certificate issued shall show details of the misconduct.
List kept by the Secretary of State or the National Assembly for Wales of persons disqualified under section 470 or 471 of the Education Act 1996: prescribed details
8.
In the case of an applicant included in the list kept by the Secretary of State or the National Assembly for Wales of persons disqualified under section 470 or 471 of the Education Act 1996[9] the following details are hereby prescribed for the purposes of sections 113(3A)(b) and 115(6A)(b) of the Act -
Central records: prescribed details
9.
Information in any form relating to convictions, cautions, reprimands and warnings on a names index held by the Police Information Technology Organisation for the use of constables 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)).
Enhanced criminal record certificates: relevant police forces
10.
For the purposes of an application for an enhanced criminal record certificate "relevant police force" means -
Evidence of identity: fingerprinting
11.
- (1) Where the Secretary of State requires an application under Part V of the Act to be supported by evidence of identity in the form of fingerprints then the place at which they are to be taken is to be determined in accordance with paragraphs (2) and (3) below and he shall notify the applicant -
(2) Any applicant in receipt of such notification shall notify the Secretary of State of whether he wishes to proceed with his application and, if so, notify the Secretary of State -
(3) The Secretary of State may require the police officer in charge of the specified police station, or any other police station he reasonably determines, to take the applicant's fingerprints at the specified station at such reasonable time as the officer may direct and notify to the applicant.
(4) Fingerprints taken in connection with an application under Part V of the Act must be destroyed as soon as is practicable after the identity of the applicant is established to the satisfaction of the Secretary of State.
(5) If fingerprints are destroyed -
(6) Any applicant who asks to be allowed to witness the destruction of his fingerprints or copies of them shall have a right to witness it.
(7) If -
such a certificate shall be issued to him, not later than the end of the period of three months beginning with the day on which he asks for it, by the responsible chief officer of police or a person authorised by him or on his behalf for the purposes of this regulation.
(8) In the case of an applicant under the age of 18 years the consent of the applicant's parent or guardian to the taking of the applicant's fingerprints is also required.
(9) In this regulation -
Fees payable to police authorities for information provided to the Secretary of State
12.
The Secretary of State shall pay to the appropriate police authority the fee shown in Schedule 3 to these Regulations in respect of each request he makes to the chief officer of a police force for the provision of information under section 115 or 116 of the Act.
John Denham [a]
Minister of State
Home Office
7th February 2002
Police Force | Fee per request |
Avon & Somerset | £1.94 |
Bedfordshire | £3.72 |
Cambridgeshire | £3.04 |
Cheshire | £3.29 |
City of London | £3.99 |
Cleveland | £2.97 |
Cumbria | £2.57 |
Derbyshire | £3.11 |
Devon & Cornwall | £2.35 |
Dorset | £2.83 |
Durham | £2.18 |
Dyfed-Powys | £2.72 |
Essex | £3.11 |
Gloucestershire | £2.94 |
Greater Manchester | £3.26 |
Gwent | £4.31 |
Hampshire | £2.45 |
Hertfordshire | £3.11 |
Humberside | £2.40 |
Kent | £3.11 |
Lancashire | £2.73 |
Leicestershire | £2.95 |
Lincolnshire | £2.62 |
Merseyside | £2.89 |
Metropolitan | £9.86 |
Norfolk | £3.30 |
North Wales | £3.29 |
North Yorkshire | £2.45 |
Northamptonshire | £2.97 |
Northumbria | £2.31 |
Nottinghamshire | £2.48 |
South Wales | £2.49 |
South Yorkshire | £3.16 |
Staffordshire | £2.48 |
Suffolk | £4.04 |
Surrey | £2.77 |
Sussex | £2.83 |
Thames Valley | £2.54 |
Warwickshire | £2.45 |
West Mercia | £2.27 |
West Midlands | £1.98 |
West Yorkshire | £3.50 |
Wiltshire | £2.72 |
Police Service of Northern Ireland | £2.95 |
Central Scotland | £2.50 |
Dumfries & Galloway | £2.50 |
Fife | £2.50 |
Grampian | £2.50 |
Lothian & Borders | £2.50 |
Northern | £2.50 |
Strathclyde | £2.50 |
Tayside | £2.50 |
[6] Sections 113(3A) and 115(6A) were inserted by section 8(1), (2) of the Protection of Children Act 1999 respectively. Section 113(3A) was amended by sections 102(1), 104(1), (2)(a), 116 and Schedule 4, paragraph 25(1) of the Care Standards Act 2000 (c. 14). Section 115(6A) was amended by sections 102(2), 104(1), (3)(b), 116 and Schedule 4, paragraph 25(b) of the Care Standards Act 2000.back
[7] Section 12 of the Protection of Children Act 1999 was amended by section 74 and Schedule 7, Part II, paragraphs 154 and 158 of the Criminal Justice and Court Services Act 2000 (c. 43).back
Amended from:
Minister of State
Home Office
2002
Amended to:
John Denham
Minister of State
Home Office
7th February 2002 back