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The Police Act 1997 (Criminal Records) (Jersey) Order 2010

As Enacted Cited authorities 45 Cited in Amendments 11 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2010/765
Year2010

2010 No. 765

Police

The Police Act 1997 (Criminal Records) (Jersey) Order 2010

Made 17th March 2010

Coming into force in accordance with Article 1(2) to (5)

At the Court at Buckingham Palace, the 17th day of March 2010

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by section 168 of the Serious Organised Crime and Police Act 20051, section 66(4) of the Safeguarding Vulnerable Groups Act 20062and section 384(1) of the Armed Forces Act 20063, by and with the advice and consent of Her Privy Council, makes the following Order:

Citation and commencement
S-1 Citation and commencement

Citation and commencement

1.—(1) This Order may be cited as the Police Act 1997 (Criminal Records) (Jersey) Order 2010.

(2) Subject to paragraphs (3) to (5) this Order comes into force on the day after the day on which it is made.

(3) Article 3(2)(a) (the extension of section 112 of the 1997 Act) and the modifications specified in paragraph 1 of Schedule 1 come into force on the day on which section 112 of the 1997 Act comes into force in England and Wales.

(4) Article 4(2)(d) (the extension of the repeal of section 113E of the 1997 Act) comes into force upon the ending of the second transitional period.

(5) The modifications specified in paragraph 2(b)(ii) of Schedule 2 come into force on the day on which section 170(2) of the Education and Inspections Act 20064(prohibition on participation in management: supplementary) comes into force in England and Wales.

Interpretation
S-2 Interpretation

Interpretation

2.—(1) In this Order—

“the 1997 Act” means the Police Act 19975;

“the 2006 Act” means the Safeguarding Vulnerable Groups Act 2006;

“the first transitional period” has the same meaning as in article 1(2) of the Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Miscellaneous and Transitional Provisions and Commencement No. 5) Order 20096;

“Jersey” means the Bailiwick of Jersey and its adjacent territorial sea;

“the second transitional period” has the same meaning as in article 1(2) of the Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Miscellaneous and Transitional Provisions and Commencement No. 5) Order 2009.

(2) The Interpretation (Jersey) Law 1954 shall apply to this Order as if this Order were an enactment for the purposes of that Law.

Extension of Part 5 of the Police Act 1997 to Jersey
S-3 Extension of Part 5 of the Police Act 1997 to Jersey

Extension of Part 5 of the Police Act 1997 to Jersey

3.—(1) The following provisions of Part 5 (Certificates of criminal records, &c) of the 1997 Act, as amended by the Greater London Authority Act 19997, the Police (Northern Ireland) Act 20008, the Criminal Justice and Police Act 20019, the Criminal Justice Act 200310and the Serious Organised Crime and Police Act 2005, extend to Jersey subject to the modifications specified in Schedules 1 and 311.

(2) The provisions are—

(a)

(a) section 11212(criminal conviction certificates);

(b)

(b) section 113A13(criminal record certificates);

(c)

(c) section 113B14(enhanced criminal record certificates);

(d)

(d) section 113E15(criminal record certificates: specified children’s and adults’ lists: urgent cases);

(e)

(e) section 11416(criminal record certificates: Crown employment);

(f)

(f) section 11617(enhanced criminal record certificates: judicial appointments and Crown employment);

(g)

(g) section 117 (disputes about accuracy of certificates);

(h)

(h) section 11818(evidence of identity);

(i)

(i) section 11919(sources of information);

(j)

(j) section 12020(registered persons);

(k)

(k) section 120ZA21(regulations about registration);

(l)

(l) section 122A22(delegation of functions of Secretary of State);

(m)

(m) section 123 (offences: falsification, &c);

(n)

(n) section 12423(offences: disclosure);

(o)

(o) section 124A24(further offences: disclosure of information obtained in connection with delegated function);

(p)

(p) section 12525(regulations);

(q)

(q) section 12626(interpretation of Part 5);

(r)

(r) section 127 (saving: disclosure of information and records).

Extension of the Safeguarding Vulnerable Groups Act 2006 to Jersey
S-4 Extension of the Safeguarding Vulnerable Groups Act 2006 to Jersey

Extension of the Safeguarding Vulnerable Groups Act 2006 to Jersey

4.—(1) The following provisions of the 2006 Act extend to Jersey subject to the modifications specified in Schedules 2 and 3.

(2) The provisions are—

(a)

(a) section 2827(independent monitor);

(b)

(b) section 63 (amendments and repeals);

(c)

(c) Schedule 9 (amendments), paragraph 1428(Police Act 1997 (c. 50));

(d)

(d) Schedule 10 (repeals), entry in relation to section 113E of the 1997 Act29.

Extension of the Armed Forces Act 2006 to Jersey
S-5 Extension of the Armed Forces Act 2006 to Jersey

Extension of the Armed Forces Act 2006 to Jersey

5.—(1) The following provisions of the Armed Forces Act 2006 extend to Jersey.

(2) The provisions are—

(a)

(a) section 378(1) (minor and consequential amendments and repeals);

(b)

(b) Schedule 16 (minor and consequential amendments), paragraph 14930(Police Act 1997 (c. 50)).

Modifications that have effect for a limited period

Modifications that have effect for a limited period

S-6 Part 1 of Schedule 3 specifies modifications that have effect...

6.—(1) Part 1 of Schedule 3 specifies modifications that have effect from the date referred to in article 1(2) until the end of the first transitional period.

(2) The modification to section 119(1A) of the 1997 Act specified in paragraph 1 of Schedule 3 has effect instead of the modification specified in paragraph 8(a) of Schedule 1.

(3) The modifications to paragraph 14(4) of Schedule 9 to the 2006 Act specified in paragraph 2(a) of Schedule 3 have effect instead of the modifications specified in paragraph 2(b)(ii) of Schedule 2.

(4) The modifications to paragraph 14(4) of Schedule 9 to the 2006 Act specified in paragraph 2(b) of Schedule 3 have effect in addition to the modifications specified in paragraph 2(b) of Schedule 2.

S-7 Part 2 of Schedule 3 specifies modifications that have effect...

7.—(1) Part 2 of Schedule 3 specifies modifications that have effect from the date referred to in article 1(2) until the end of the second transitional period.

(2) Those modifications have effect in addition to the modifications specified in paragraph 2 of Schedule 2.

S-8 Part 3 of Schedule 3 specifies modifications that have effect...

8.—(1) Part 3 of Schedule 3 specifies modifications that have effect for the second transitional period.

(2) The modifications to paragraph 14(4) of Schedule 9 to the 2006 Act specified in paragraph 4(a) of Schedule 3 have effect instead of the modifications specified in paragraph 2(b)(ii) of Schedule 2.

(3) The modifications to paragraph 14(4) of Schedule 9 specified in paragraph 4(b) of Schedule 3 have effect in addition to the modifications specified in paragraph 2(b) of Schedule 2.

Subordinate legislation made under extended provisions
S-9 Subordinate legislation made under extended provisions

Subordinate legislation made under extended provisions

9. Any order or regulations made by the Secretary of State under the provisions extended to Jersey by this Order shall not have effect in Jersey until the order or regulations, having been communicated to the Bailiff of Jersey for registration in the Royal Court, have been so registered; and they shall come into force on the day following registration or the day of coming into force specified in the order or regulations, whichever is the later.

Judith Simpson

Clerk of the Privy Council

SCHEDULE 1

Article 3

Modifications to provisions of Part 5 of the Police Act 1997

SCH-1.1

1. In section 112 (criminal conviction certificates)—

(a) in subsection (1)(a) omit “in the prescribed manner and form”;

(b) in subsection (3)—

(i) in the definition of “central records”, after “records of convictions” insert “and conditional cautions”,

(ii) in the appropriate place insert—

““conditional caution” means a caution given under section 22 of the Criminal Justice Act 2003 (c. 44)or section 66A of the Crime and Disorder Act 1998 (c. 37), other than one that is spent for the purposes of Schedule 2 to the Rehabilitation of Offenders Act 1974 (c. 53);”.

SCH-1.2

2. In section 113A (criminal record certificates)—

(a) in subsection (1)(a) omit “in the prescribed manner and form”;

(b) after subsection (2) insert—

SCH-1.2A

“2A But an application for a criminal record certificate need not be countersigned by a registered person if—

(a) the application is transmitted to the Secretary of State electronically by a registered person who satisfies conditions determined by the Secretary of State, and

(b) it is transmitted in accordance with requirements determined by the Secretary of State.”;

(c) in subsection (4) for “the registered person who countersigned” substitute “whoever acted as the registered person in relation to”;

(d) in subsection (6)—

(i) for the definition of “exempted question” substitute—

““exempted question” means a question which—

(a) so far as it applies to convictions, is a question in relation to which section 4(2)(a) or (b) of the Rehabilitation of Offenders Act 1974 (effect of rehabilitation) has been excluded by an order of the Secretary of State under section 4(4) of that Act; and–

(b) so far as it applies to cautions, is a question to which paragraph 3(3) or (4) of Schedule 2 to that Act has been excluded by an order of the Secretary of State under paragraph 4 of that Schedule;”,

(ii) for the definition of “relevant matter” substitute—

““relevant matter” means—

(a) a conviction within the meaning of the Rehabilitation of Offenders Act 1974, including a spent conviction, and

(b) a caution, including a caution that is spent for the purposes of Schedule 2 to that Act.”;

(e) after subsection (7)31insert—

SCH-1.8

“8 For the purposes of this Part a person acts as the registered person in relation to an application for a criminal record certificate if the...

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