Citation and commencement

1. —(1) This Order may be cited as the Police Act 1997 (Criminal Records) (Guernsey) (Amendment) Order 2012.

(2) This Order comes into force on the day after the day on which it is made.

(3) Notwithstanding paragraph (2) —

(a) any provision extended as specified in paragraph (2) of article 4 and any provision in any Part extended as specified in paragraphs (3) to (6) of article 4 (subject to the modifications specified in Schedules 1 to 5 of this Order) does not have effect in Guernsey until the day that provision comes into force in England and Wales;

(b) paragraph (4) of Schedule 1 shall have effect in Guernsey when the extensions and modifications specified in paragraphs (3) to (6) of article 4 have effect in Guernsey.

Interpretation

2. In this Order—

“the 2009 Order” means the Police Act 1997 (Criminal Records) (Guernsey) Order 2009( 4 );

“the 2012 Act” means the Protection of Freedoms Act 2012;

“Guernsey” means the Bailiwick of Guernsey and its adjacent territorial sea.

Amendment of the 2009 Order

3. —(1) The 2009 Order is amended as follows.

(2) In article 1(4) for “upon the ending of the second transitional period” substitute “on such day as the Home Department of the States of Guernsey may by Order appoint”.

(3) Article 2(c) and (e) are omitted.

(4) Articles 6, 7 and 8 are revoked.

(5) In paragraph 15(a)(i) of Schedule 1 for “in England and Wales, Northern Ireland or Guernsey” substitute “in England and Wales, Northern Ireland, the Isle of Man, Jersey or Guernsey”.

(6) In paragraph 15(a)(ii) of Schedule 1 for—

“ , and

(iv) the chief officer of the salaried Police Force of the Island of Guernsey, and

(v) the chief officer of the States of Jersey Police Force; ”

substitute—

“ , and

(iv) the chief officer of the salaried Police Force of the Island of Guernsey, and

(v) the chief officer of the States of Jersey Police Force, and

(vi) the Chief Constable of the Isle of Man Constabulary; ” .

(7) In paragraph 15(a)(v) of Schedule 1 for—

“ and

(iii) the salaried Police Force of the Island of Guernsey, and

(iv) the State of Jersey Police Force; ”

substitute—

“ and

(iii) the salaried Police Force of the Island of Guernsey, and

(iv) the States of Jersey Police Force, and

(vi) the Isle of Man Constabulary; ” .

(8) Schedule 3 is revoked.

Extension of Part 5 of, and Schedules 9 and 10 to, the Protection of Freedoms Act 2012 to Guernsey

4. —(1) The following provisions of Part 5 (Safeguarding of vulnerable groups, criminal records, etc. ) of the 2012 Act extend to Guernsey subject to the modifications specified in Schedule 1.

(2) The provisions are—

(a) section 79 (restriction on information provided to certain persons);

(b) section 80 (minimum age for applicants for certificates or to be registered);

(c) section 82 (enhanced criminal record certificates: additional safeguards);

(d) section 83 (up-dating certificates);

(e) section 84 (criminal conviction certificates: conditional cautions);

(f) section 87 (formation and constitution of DBS);

(g) section 88 (transfer of functions to DBS and dissolution of ISA);

(h) section 89 (orders under section 88).

(3) Part 6 of Schedule 9 (Safeguarding of vulnerable groups) to the 2012 Act extends to Guernsey subject to the modifications specified in Schedule 2.

(4) Part 7 of Schedule 9 (Criminal records) to the 2012 Act extends to Guernsey subject to the modifications specified in Schedule 3.

(5) Part 5 of Schedule 10 (Safeguarding of vulnerable groups) to the 2012 Act extends to Guernsey subject to the modifications specified in Schedule 4.

(6) Part 6 of Schedule 10 (Criminal records) to the 2012 Act extends to Guernsey subject to the modifications specified in Schedule 5.

Subordinate legislation made under extended provisions

5. Any order or regulations made by the Secretary of State under the provisions extended to Guernsey by this Order shall not have effect in Guernsey until the order or regulations have been registered on the Records of the Island of Guernsey.

Article 4(1)

SCHEDULE 1 Modifications to provisions of Part 5 of the 2012 Act

1. In section 79 (restriction on information provided to certain persons)–

(a) omit subsection (1);

(b) in subsection (3) for “120AB” substitute “120ZA”.

2. In section 80 (minimum age for applicants for certificates or to be registered)–

(a) in the heading omit “or to be registered”;

(b) omit subsection (2).

3. In section 82 (enhanced criminal record certificates: additional safeguards) in subsection (3)(a) at the end of the inserted definition of “relevant chief officer” add “and the Chief Officer of the salaried Police Force of the Island of Guernsey”.

4. After section 84 insert the following section–

“ 84A Consequential amendments, repeals and revocations

(1)Schedule 9 (consequential amendments) has effect.

(2) The provisions listed in Schedule 10 are repealed or (as the case may be) revoked to the extent specified. ”

5. In section 87 (formation and constitution of DBS) omit subsection (3).

6. In section 88 (transfer of functions to DBS and dissolution of ISA) for subsection (2) substitute—

“ (2) The Secretary of State may by order transfer to DBS any function of the Secretary of State under, or in connection with, Part 5 of the Police Act 1997 (criminal records). ” .

7. In section 89 (orders under section 88)—

(a) omit subsections (2) to (4);

(b) for subsection (5) substitute—

“ (5) In this section “enactment” does not—

(a) include—

(i) a Law enacted, or

(ii) an Ordinance made,

by the States of Guernsey, the States of Alderney or the Chief Pleas of Sark,

(b) include a statutory instrument made under any such Law or Ordinance. ”

Article 4(3)

SCHEDULE 2 Modifications to Part 6 of Schedule 9 to the 2012 Act

1. Omit paragraphs 36 and 37.

2. Omit paragraphs 40 to 42.

3. Omit paragraphs 43 to 103.

Article 4(4)

SCHEDULE 3 Modifications to Part 7 of Schedule 9 to the 2012 Act

1. In paragraph 109—

(a) in sub-paragraph (2)(b) for “, 117A” substitute “or 117A”;

(b) in sub-paragraph (3), in the inserted subsection (3A)—

(i) for the first reference to the “Secretary of State” substitute “Home Department of the States of Guernsey”;

(ii) after “fingerprints” insert “for transmission to the Secretary of State”.

2. In paragraph 110—

(a) for sub-paragraph (2) substitute—

“ (2) In subsection (1A) after ‘certificate’ insert ‘, or the provision of up-date information under section 116A’. ” ;

(b) for sub-paragraph (5) substitute—

“ (5) In subsection (4) after ‘certificate’ insert ‘, or the provision of up-date information under section 116A’. ” ;

(c) for sub-paragraph (6) substitute—

“ (6) In subsection (8) after ‘certificate’ insert ‘, or the provision of up-date information under section 116A’. ” .

3. For paragraph 112 substitute—

“ 112. —(1)Section 120 (registered persons) is amended as follows.

(2) In subsection 2, after paragraph (a) insert “and”. ”

4. Omit paragraphs 113 and 114.

5. Omit paragraph 117.

6. Omit paragraphs 119 to 129.

Article 4(5)

SCHEDULE 4 Modifications to Part 5 of Schedule 10 to the 2012 Act

For Part 5 substitute—

“ PART 5 SAFEGUARDING OF VULNERABLE GROUPS

Article 4(6)

SCHEDULE 5 Modifications to Part 6 of Schedule 10 to the 2012 Act

For Part 6 substitute—

“ PART 6 CRIMINAL RECORDS