Statutory Instruments
2024 No. 1112
POLICE
The Police Act 1997 (Criminal Records and Registration) (Guernsey) (Amendment) Regulations 2024
Made
5th November 2024
Laid before Parliament
7th November 2024
Coming into force
2nd December 2024
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 112(1)(b), 113A(1)(b), 113B(1)(b) and 125(1) and (5) of the Police Act 1997( 1 ) as extended to Guernsey by the Police Act 1997 (Criminal Records) (Guernsey) Order 2009( 2 ) and sections 116A(4)(b) and 116A(5)(b) of that Act as extended to Guernsey by the Police Act 1997 (Criminal Records) (Guernsey) (Amendment) Order 2012( 3 ).
Citation, commencement and extent
1. —(1) These Regulations may be cited as the Police Act 1997 (Criminal Records and Registration) (Guernsey) (Amendment) Regulations 2024 and come into force on 2nd December 2024.
(2) These Regulations extend to Guernsey.
Amendments to the Police Act 1997 (Criminal Records and Registration) (Guernsey) Regulations 2009
2. —(1)The Police Act 1997 (Criminal Records and Registration) (Guernsey) Regulations 2009( 4 ) are amended as follows.
(2) For regulation 4 (fees for criminal record certificates and enhanced criminal record certificates) substitute—
“ Fees for criminal conviction certificates, criminal record certificates and enhanced criminal record certificates
4. The fee payable in relation to an application for the issue of a criminal conviction certificate, a criminal record certificate or an enhanced criminal record certificate is prescribed as—
(a) £21.50 in the case of a criminal conviction certificate;
(b) £21.50 in the case of a criminal record certificate;
(c) £49.50 in the case of an enhanced criminal record certificate, and an additional £6 where an urgent preliminary response is sought under section 113E(3)(b),
save that no fee is payable in relation to an application made by a volunteer. ” .
3. After regulation 4 (fees for criminal conviction certificates, criminal record certificates and enhanced criminal record certificates) insert—
“ Fees for requesting up-date information under section 116A of the Act
4A. —(1) Subject to paragraph (2) below, the fee payable in relation to an application for a certificate to be subject to up-date arrangements under section 116A of the Act is prescribed as—
(a) £16 in the case of a fee as mentioned in section 116A(4)(b) of the Act;
(b) £16 in the case of a fee as mentioned in section 116A(5)(b) of the Act.
(2) No fee is payable in relation to—
(a) an application made by a volunteer;
(b) an application for a criminal conviction certificate, a criminal record certificate or an enhanced criminal record certificate to be subject to up-date arrangements where the person making the request already holds any such a certificate that is subject to up-date arrangements. ” .
Jess Phillips
Parliamentary Under Secretary of State
Home Office
5th November 2024
1997 c. 50 . Section 112 was amended by S.I. 2012/3006 . There are other amending instruments but none is relevant. Sections 113A and 113B were inserted by section 163(2) of the Serious Organised Crime and Police Act 2005 (c. 15) and amended by paragraph 1 of Schedule 8 to the Policing and Crime Act 2009 (c. 26) , by section 80(1) of the Protection of Freedoms Act 2012 (c. 9) and by S.I. 2012/3006 . Section 116A was inserted by section 83 of the Protection of Freedoms Act 2012 and amended by S.I. 2012/3006 . Section 125 was amended by S.I. 2005/3496 . There are other amending instruments but none is relevant.
S.I. 2009/3215 . Article 3 extended sections 113A, 113B and 125 of the Police Act 1997 to Guernsey with modifications. The modifications are made in Schedule 1 to the Order. The Order was amended by S.I. 2012/1762 .
S.I. 2012/1762 . Article 4 extended section 116A of the Police Act 1997 to Guernsey, by virtue of extending section 83 of the Protection of Freedoms Act 2012.
S.I. 2009/3297 , amended by S.I. 2011/718 , 2019/1275 and 2022/289 .