Protection Of Vulnerable Groups Citation and commencement 1 These Regulations may be cited as the Level 1 and Level 2 Disclosure Information (Scotland) Regulations 2024 and come into force on the same day as section 8 of the Disclosure Act. Interpretation 2 In these Regulations— “ the 1995 Act ” means the Children (Scotland) Act 1995 , “ the 2000 Act ” means the Adults with Incapacity (Scotland) Act 2000 , “ the 2003 Act ” means the Sexual Offences Act 2003 , “ the 2005 Act ” means the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 , “ the 2016 Act ” means the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 , “ the Disclosure Act ” means the Disclosure (Scotland) Act 2020, “ the PVG Act ” means the Protection of Vulnerable Groups (Scotland) Act 2007 , “ the Sentencing Code ” means the code contained in the Sentencing Act 2020 (see section 1 of that Act) , “ school ” has the meaning given in section 135(1) of the Education (Scotland) Act 1980 , “ school care accommodation service ” has the meaning given in paragraph 3 of schedule 12 of the Public Services Reform (Scotland) Act 2010 . Central records: prescribed details 3 Information in any form relating to— a convictions held in the criminal history database of the Police Service of Scotland for the use of police forces generally, b convictions and cautions on a names database held by a Minister of the Crown for the use of police forces generally, c convictions and cautions held on the criminal records database of the Criminal Justice System Northern Ireland for the use of police forces generally, is prescribed as “ central records ” for the purposes of section 69 of the Disclosure Act. Level 1 disclosures: prescribed details of unspent convictions 4 The following details of an unspent conviction are prescribed for the purposes of section 1(a) of the Disclosure Act— a the date of the conviction, b the convicting court, c the offence, d the method of disposal for the offence. Level 2 disclosures: prescribed details of criminal disposals 5 The following details of a criminal disposal are prescribed for the purposes of section 8(1)(a) of the Disclosure Act— a in the case of a spent conviction, an unspent conviction or unspent childhood conviction— i the date of the conviction, ii the convicting court, iii the offence, iv the method of disposal for the offence, b in the case of an unspent caution— i the date of the caution, ii the police force which gave the caution, iii the offence which the person given the caution has admitted. Level 2 disclosures (non-PVG scheme members): prescribed purposes relating to children or adults 6 1 For the purposes of section 16(1)(b) and (2)(a) of the Disclosure Act, the purpose of the disclosure will be a prescribed purpose relating to children where the disclosure relates to a matter or to an individual mentioned in paragraph (2). 2 The matters and individuals referred to in paragraph (1) are— a an individual seeking appointment to a panel established by virtue of section 101(1) of the 1995 Act (panel for curators ad litem, reporting officers and safeguarders), b an individual being assessed by an adoption agency as to their suitability to adopt a child (this sub-paragraph and sub-paragraph (c) being construed in accordance with sections 1 and 119(1) and (2) of the Adoption and Children (Scotland) Act 2007 ), c an individual over the age of 16 residing in the same household as an individual being assessed by an adoption agency as to their suitability to adopt a child, d proceedings before the Court of Session or a sheriff court in respect of a guardianship order made under section 11 of the 1995 Act , e an individual over the age of 16 who— i resides on the same premises as an individual being assessed as to their suitability to be a childminder within the meaning of paragraph 12(1) of schedule 12 to the Public Services Reform (Scotland) Act 2010 where the child minding normally takes place on those premises, or ii regularly works on those premises at a time when the child minding takes place, f an individual over the age of 16 residing in the same household as an individual being assessed as to their suitability to be a foster carer within the meaning of section 96 of the PVG Act , g an individual over the age of 16 residing in the same household as an individual being assessed as to their suitability to be in charge of or caring for children, within the meaning of paragraph 12 of schedule 2 of the PVG Act , where that activity takes place solely or mainly on the household premises, h an individual over the age of 16 who— i resides in residential accommodation where a school care accommodation service is being provided, ii is not a pupil to whom the school care accommodation service is being provided, iii is not employed by the school, and iv is not being assessed as to their suitability to carry out a regulated role with children, i an individual who is being assessed for suitability to provide accommodation to a person who has permission to enter into or to stay in the United Kingdom granted under the immigration rules , as defined in section 33(1) of the Immigration Act 1971 , in relation to the Homes for Ukraine Sponsorship Scheme, j an individual over the age of 16 who— i resides in the same household as an individual referred to in sub-paragraph (i), and ii resides in the accommodation which is being provided. 3 For the purposes of section 16(1)(b) and (2)(b) of the Disclosure Act, the purpose of the disclosure will be a prescribed purpose relating to adults where the disclosure relates to a matter or to an individual mentioned in paragraph (4). 4 The matters and individuals referred to in paragraph (3) are— a proceedings before the sheriff under section 20 of the 2000 Act, b proceedings before the Public Guardian or the sheriff under Part 3 of the 2000 Act , c proceedings before the sheriff in respect of intervention orders or guardianship orders within the meaning of section 87(1) of the 2000 Act , d an individual over the age of 16 residing in the same household as an individual being assessed as to their suitability to be a shared lives carer within the meaning of paragraph 24 of schedule 3 of the PVG Act , e an individual who is being assessed for suitability to provide accommodation to a person who has permission to enter into or to stay in the United Kingdom granted under the immigration rules, as defined under section 33(1) of the Immigration Act 1971, in relation to the Homes for Ukraine Sponsorship Scheme, f an individual over the age of 16 who— i resides in the same household as an individual referred to in sub-paragraph (e), and ii resides in the accommodation which is being provided. Level 2 disclosures (non-PVG scheme members): prescribed details of circumstances in which an applicant is barred 7 1 For the purposes of section 16(4)(a)(ii) of the Disclosure Act, the detail of the list under which the applicant is barred from regulated roles with children is prescribed. 2 For the purposes of section 16(4)(b)(ii) of the Disclosure Act, the detail of the list under which the applicant is barred from regulated roles with adults is prescribed. Level 2 disclosures (non-PVG scheme members): prescribed court orders and prescribed details of court orders 8 1 Where the purpose of the disclosure is one relating to children— a the civil court orders set out in Part 1 of schedule 1, b the details of the civil court orders referred to in sub-paragraph (a) set out in Part 2 of schedule 1, are prescribed for the purposes of section 16(4)(a)(v) of the Disclosure Act. 2 Where the purpose of the disclosure is one relating to adults— a the civil court orders set out in Part 3 of schedule 1, b the details of the civil court orders referred to in sub-paragraph (a) set out in Part 4 of schedule 1, are prescribed for the purposes of section 16(4)(b)(v) of the Disclosure Act. Level 2 disclosures (PVG scheme members): prescribed civil court orders and prescribed details of civil court orders 9 For the purposes of section 17(3)(d) of the Disclosure Act the following are prescribed— a the civil court orders set out in Part 1 of schedule 2, b the details of the civil court orders referred to in sub-paragraph (a) set out in Part 2 of schedule 2. Evidence of identity: fingerprints 10 1 All police stations in the United Kingdom are prescribed as places at which fingerprints may be taken for the purposes of section 59(1) of the Disclosure Act. 2 Where the Scottish Ministers require an application under Part 1 to be supported by evidence of identity in the form of fingerprints under section 57(1) of the Disclosure Act, they must notify the applicant of this requirement and of the procedures set out in paragraphs (4) to (8). 3 The procedures set out in paragraphs (4) to (8) are prescribed as the manner in which fingerprints may be taken for the purposes of section 59(1) of the Disclosure Act. 4 Within 28 days of the date of a notice under paragraph (2), an applicant must provide the Scottish Ministers with the information set out in paragraph (5). 5 The information is— a where the applicant is— i aged 16 years or over, that the applicant consents to the taking of their fingerprints, or ii under the age of 16 years, that the applicant and the responsible person consent to the taking of the applicant’s fingerprints, and b the police station in the United Kingdom (“the nominated police station”) at which the applicant proposes to attend for the purpose of having their fingerprints taken. 6 The information in paragraph (5) must be given to the Scottish Ministers— a in writing, and b within the period specified in paragraph (4), otherwise the application will be considered to have been withdrawn. 7 The Scottish Ministers may, in such circumstances as they consider appropriate, specify another police station (“the specified police station”) in place of the nominated police station. 8 Any constable of the nominated police station, or of the specified police station, may take the applicant’s fingerprints at the nominated police station, or at the specified police station, on such date and at such time notified to the applicant. 9 In this regulation “ responsible person ” means— a a person having, in relation to the applicant, parental responsibilities (within the meaning of section 1(3) of the 1995 Act) or parental rights (within the meaning of section 2(4) of that Act ), b in England and Wales the applicant’s parent, guardian or other person having parental responsibility for the applicant within the meaning of section 3 of the Children Act 1989 , or c in Northern Ireland, a person having, in relation to the applicant, parental responsibilities (within the meaning of article 6 of the Children (Northern Ireland) Order 1995 ). 10 Any notice or notification given under this regulation may be given by electronic means. NATALIE DON-INNES Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 31st October 2024