POLICE Citation, commencement, extent and interpretation 1 1 These Regulations may be cited as the Police Act 1997 (Criminal Records) (Scotland) Amendment Regulations 2008 and come into force on 6th February 2008. 2 These Regulations extend to Scotland and, in so far as regulations 3 to 8 extend beyond Scotland, they do so only as a matter of Scots law. 3 In these Regulations, “the principal Regulations ” means the Police Act 1997 (Criminal Records) (Scotland) Regulations 2006 . Amendment of the Police Act 1997 (Criminal Records) (Scotland) Regulations 2006 2 The principal Regulations are amended in accordance with regulations 3 to 8. Insertion of regulation 7A (enhanced criminal record certificates: police forces) 3 After regulation 7 (central records: prescribed details) insert– Enhanced criminal record certificates: police forces 7A For the purposes of section 113B(11)(c) the following departments or bodies are prescribed as police forces– a the Scottish Crime and Drug Enforcement Agency; and b the Child Exploitation and Online Protection Centre. . Amendment of regulation 8 (enhanced criminal record certificates: relevant police forces) 4 1 In regulation 8 (enhanced criminal record certificates: relevant police forces) in paragraph (1)(h) omit “if the Agency has indicated on central records that it holds non-conviction information relating to the applicant”. 2 In regulation 8 at the end of paragraph (1)(i)(ii) omit “and” and for paragraph (1)(j) substitute– j the Scottish Crime and Drug Enforcement Agency if the Agency has indicated on central records that it holds non-conviction information relating to the applicant; k the Child Exploitation and Online Protection Centre; and l such other police force as the chief officer of police of a police force identified as a relevant police force by virtue of paragraph (a) to (k) determines. . 3 In regulation 8 in paragraph (2) for “(1)(j)” substitute “(1)(l)”. Amendment of regulation 11 (enhanced criminal record certificates – matters) 5 1 In regulation 11 (enhanced criminal record certificates – matters) for paragraphs (a) to (c) substitute– a obtaining or holding an operating licence under Part 5 of the Gambling Act 2005 for the purposes of that Act; b obtaining or holding a personal licence under Part 6 of the Gambling Act 2005 for the purposes of that Act; . 2 In regulation 11 after paragraph (o) insert– or; p proceedings before the Sheriff in respect of applications for intervention orders or guardianship orders within the meaning of the Adults with Incapacity (Scotland) Act 2000 . . Amendment of regulation 12 (enhanced criminal record certificates – individuals) 6 1 In regulation 12 (enhanced criminal record certificates – individuals) in paragraph (1) for “8” substitute “10”. 2 In regulation 12 at the end of paragraph (5)(a) omit “or” and after paragraph (5)(b) insert– c as a member of any Management Board established to assist either Her Majesty’s inspectors or any such person in sub paragraph (b); or d to any employment or work for Her Majesty’s inspectors or any such person in sub paragraph (b) in relation to the carrying out of inspections under section 66 of the Education (Scotland) Act 1980 , section 9 of the Standards in Scotland’s Schools etc. Act 2000 or section 1 of the Joint Inspection of Children’s Services and Inspection of Social Work Services (Scotland) Act 2006 , or otherwise in regard to matters associated with such inspections. . 3 In regulation 12 after paragraph (8) insert– 9 An individual appointed or seeking appointment– a to any office, employment or work which is concerned with the administration of, or is otherwise normally carried out wholly or partly within the precincts of a prison, remand centre, young offenders institution, detention centre or removal centre; b as a member of a visiting committee for prisons appointed under rules made under section 39 of the Prisons (Scotland) Act 1989 ; or c as a member of a visiting committee for remand centres and young offenders institutions appointed under section 19(3) of the Prisons (Scotland) Act 1989. 10 An individual appointed or seeking appointment– a as a social work inspector appointed under section 4 of the Joint Inspection of Children’s Services and Inspection of Social Work Services (Scotland) Act 2006; b as a member of any Management Board established to assist a social work inspector; c to any employment or work for a social work inspector in relation to the carrying out of inspections, or otherwise in regard to matters associated with such inspections. . Insertion of regulation 16A (evidence of identity: obtaining data) 7 After regulation 16 (evidence of identity: fingerprinting) insert– Evidence of identity: obtaining data 16A For the purposes of section 118(2A)(e) the Borders and Immigration Agency is prescribed. . Amendment of regulation 17 (appropriate bodies to pay fee for information provided to the Scottish Ministers) 8 In regulation 17 (appropriate bodies to pay fee for information provided to the Scottish Ministers) at the end of regulation 17(g) omit “and” and after regulation 17(h) insert– i the Home Affairs Committee for the States of Jersey Police Force; j the Home Department for the salaried police force of the Island of Guernsey; k the Department of Home Affairs for the Isle of Man Constabulary; l the Department of Justice, Equality and Law Reform of the Government of Ireland for the Garda Síochána; and m the Scottish Police Services Authority for the Scottish Crime and Drug Enforcement Agency. . FIONA HYSLOP A member of the Scottish Executive St Andrew’s House, Edinburgh 14th January 2008