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The Police Act 1997 (Criminal Records) (Registration) (Scotland) Regulations 2006

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2.—(1) In these Regulations–

“the 1997 Act” means the Police Act 1997;

“the register” means the register maintained by the Scottish Ministers under section 120(1) of the 1997Act for the purposes of Part 5 of the 1997 Act;

“exempted question” has the same meaning as in section 113A of the 1997 Act(1);

“mental disorder” means mental illness (including personality disorder) or mental handicap however caused or manifested;

“statutory office holder” means a person appointed to an office by virtue of an enactment;

any reference to a numbered section shall be construed as a reference to the section bearing that number in the 1997 Act;

any reference to a numbered regulation is to the regulation bearing that number in these Regulations;

any reference to a numbered paragraph is to the paragraph bearing that number in that regulation; and

any words or expressions used in these Regulations to which meanings are assigned by Part 5 of the 1997 Act shall have the same meanings as in the 1997 Act.

(2) A requirement in these Regulations that any notification or representations should be “in writing” is satisfied where (apart from the usual meaning of that expression) the text of it–

(a)is transmitted by electronic means;

(b)is received in legible form; and

(c)is capable of being used for subsequent reference.

(1)

Section 113A is inserted into the 1997 Act by the 2005 Act, section 163(2).

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