Citation, commencement and interpretation

1. —(1) This Order may be cited as the Police Act 1997 (Criminal Records) (Fees) Order 2004 and shall come into force on the day after it is made.

(2) In this Order “volunteer” means a person engaged in an activity which involves spending time, unpaid (except for travel and other approved out-of-pocket expenses), doing something which aims to benefit some third party other than or in addition to a close relative.

Costs to be taken into account in fixing the fee payable for criminal record certificates and enhanced criminal record certificates

2. —(1) In relation to each of the powers to fix fees specified in paragraph (2), the functions listed in paragraph (3) below are hereby specified for the purposes of section 102(3) of the Finance (No. 2) Act 1987 as functions, the costs of which are to be taken into account in determining the amount of those fees, which are payable to the Secretary of State in accordance with the provisions specified in paragraph (2).

(2) The powers to fix fees are those in—

(a) section 113(1)(b) of the Police Act 1997( 2 );

(b) section 114(1)(b) of the Police Act 1997;

(c) section 115(1)(b) of the Police Act 1997; and

(d) section 116(1)(b) of the Police Act 1997.

(3) The functions are those of the Secretary of State of issuing—

(a) criminal record certificates to volunteers; and

(b) enhanced criminal record certificates to volunteers.