The Police Act 1997
(Criminal Records) (Amendment No. 2) Regulations
2022
Made on 22nd September 2022
Laid before Parliament on 22nd September 2022
Coming into force 13th October 2022
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Police Act 1997 (Criminal Records)
Regulations 2002 (“the 2002 Regulations”) to insert a new
prescribed purpose for which an enhanced criminal record
certificate may be required in accordance with a statement made
by a registered person under section 113B(2)(b) of the Police Act
1997.
The 2002 Regulations make detailed provision in relation to
applications for criminal conviction certificates, criminal
record certificates and enhanced criminal record certificates
under Part 5 of the Police Act 1997. Regulation 5A of the 2002
Regulations prescribes the purposes for which an enhanced
criminal record certificate can be required.
Regulation 2(2) of these Regulations amends Regulation 5A of the
2002 Regulations to add a further purpose in relation to whom an
exempted question may be asked for the purpose of an enhanced
criminal record certificate. The purpose is considering whether a
person who is a current or potential sponsor meets or continues
to meet the requirements for approval to provide accommodation to
a person who has applied for or been granted permission to enter
or stay in the United Kingdom in accordance with Appendix Ukraine
Scheme of the Immigration Rules. This includes assessing the
suitability of any person who is over the age of 16, who resides
with the current or potential sponsor, to have regular contact
with the person who has applied for or has been granted
permission to enter into or stay in the United Kingdom in
accordance with Appendix Ukraine Scheme of the Immigration Rules
(“the new prescribed purpose”).
Regulation 3(2) and (3) of these Regulations also amend the
Police Act (Criminal Records) (No. 2) Regulations 2009 to insert
the new prescribed purpose for which suitability information in
relation to children (Regulation 5) and vulnerable adults
(Regulation 6) must be included in an enhanced criminal record
certificate.
A full impact assessment has not been produced for this
instrument as no, or no significant, impact on the private,
voluntary or public sector is foreseen.
