The Police Act 1997 (Criminal Records) (Protection of Children) (Scotland) Regulations 2004

Made2nd December 2004

Laid before the Scottish Parliament2nd December 2004

Coming into force10th January 2005

The Scottish Ministers, in exercise of the powers conferred on them by sections 113(3A)(b) and (d), 115(6A)(b) and (d), and 125(1) of the Police Act 19971 and of all other powers enabling them in that behalf hereby make the following Regulations:

Citation, commencement and extent1

1

These Regulations may be cited as the Police Act 1997 (Criminal Records) (Protection of Children) (Scotland) Regulations 2004 and shall come into force on 10th January 2005.

2

These Regulations extend to Scotland only.

Interpretation2

In these Regulations–

“the applicant” means an applicant for a criminal record certificate under section 113 or an enhanced criminal record certificate under section 115 of the 1997 Act; and
“the 1997 Act” means the Police Act 1997.

Lists kept under section 1 of the Protection of Children Act 1999 – prescribed details3

In the case of an applicant included in the list kept under section 1 of the Protection of Children Act 19992 the following details are prescribed for the purposes of sections 113(3A)(b) and 115(6A)(b) of the 1997 Act–

a

the fact that the applicant is included in the list;

b

whether any appeal against inclusion in the list is pending; and

c

whether inclusion in the list is provisional.

Directions made under section 142 of the Education Act 2002 – prescribed details4

In the case of an applicant subject to a direction made under section 142 of the Education Act 20023 the following details of the circumstances in which it was given are hereby prescribed for the purposes of sections 113(3A)(d) and 115(6A)(d) of the Act–

a

the fact that the applicant is subject to such a direction;

b

the date the direction was given;

c

details of any prohibition or restriction or other condition on the applicant’s employment;

d

details of any circumstances specified in the direction relative to the applicant’s employment; and

e

the grounds on which the direction was made.

HUGH HENRYAuthorised to sign by the Scottish MinistersSt Andrews House Edinburgh2nd December 2004

(This note is not part of the Regulations)

Section 113 and 115 of the Police Act 1997 provide for the issue by the Scottish Ministers of a standard or enhanced criminal records certificate. These Regulations prescribe certain details which are to be included in such certificates. Regulation 3 prescribes details which must be included where an applicant for a relevant certificate is included in the list kept under section 1 of the Protection of Children Act 1999 (“the 1999 Act list”). Regulation 4 prescribes details which must be included where an applicant for a relevant certificate is subject to a direction under section 142 of the Education Act 2002 (“the 2002 Act”). An applicant included on the 1999 Act list (otherwise than provisionally) or subject to a direction under section 142(1)(a) of the 2002 Act given on the grounds in section 142(4)(b) is included within the meaning of “disqualified from working with children” in the Protection of Children (Scotland) Act 2003.