
1 
These Regulations may be cited as the Police Act 1997 (Criminal Records) (Disclosure) (Amendment) Regulations (Northern Ireland) 2010 and shall come into operation on 26 July 2010.
2 

(1) The Police Act 1997 (Criminal Records) (Disclosure) Regulations (Northern Ireland) 2008 are amended as follows.
(2) In Regulation 4 (fees for disclosures)—
(a) the existing text of regulation 4 becomes paragraph (1);
(b) after paragraph (1) insert—“
(2) No fee is payable in respect of an application made by a volunteer unless it is an application to which paragraph (3) or (4) applies, in which case the appropriate fee prescribed in paragraph (1) is payable.
(3) This paragraph applies to an application by a volunteer in connection with an activity in which that volunteer is engaged, or to be engaged, directly for a statutory body.
(4) This paragraph applies to an application by a volunteer in circumstances where a sum to include the cost of a disclosure fee in connection with the activity which that volunteer is engaged, or to be engaged, in, has been provided out of public funds.
(5) In this regulation—
 “non-profit organisation or person” means an organisation or person which does not distribute its surplus funds to owners or shareholders;
 “statutory body” means a body established by or under an enactment;
 “volunteer” means a person engaged, or to be engaged, in an activity for a non-profit organisation or person which involves spending time unpaid (except for travel and other approved out-of-pocket expenses) doing something which amounts to a benefit to some third party other than, or in addition to, a close relative.”
(3) For regulation 9A substitute“
9A. 
Cases in which an application for an enhanced criminal record certificate is made for a purpose prescribed in sub-paragraph (a), (d), (e), (f), (g), (h), (i), (l) or (m) of regulation 9(1) are prescribed for the purposes of section 113BA of the Act.
9B. 
Cases in which an application for an enhanced criminal record certificate is made for a purpose prescribed in sub-paragraph (b), (g), (h), (j), (l) or (m) of regulation 9(1) are prescribed for the purposes of section 113BB of the Act.”
Sealed with the Official Seal of the Department of Justice on 28 June 2010
David Ford
Minister of Justice
