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

Enhanced criminal record certificates – matters

This section has no associated Executive Note

11.  The matters referred to in regulation 9(b) are–

(a)a certificate for the purposes of sections 19 or 27(1) or (5) of the Gaming Act 1968(1) (gaming);

(b)a certificate of consent, or a licence, for any purpose of Schedule 2 to that Act (licences);

(c)registration or certification in accordance with Schedule 1A, 2 or 2A to the Lotteries and Amusements Act 1976(2) (societies, schemes and lottery managers);

(d)a licence under section 5 or 6 of the National Lottery etc. Act 1993(3) (running or promoting lotteries);

(e)registration for child minding or providing day care under Part XA of the Children Act 1989(4) (child minding and day care for children in England and Wales) or registration under article 118 of the Children (Northern Ireland) Order 1996(5) (child minding and day care);

(f)registration under the Regulation of Care (Scotland) Act 2001(6) of a care service (as defined in section 2(1) of that Act);

(g)registration under Part 3 of that Act of a social worker or other social service worker (“social worker” and “social service worker” having the same meanings as in that Act);

(h)registration under Part II of the Care Standards Act 2000(7) (establishments and agencies);

(i)registration under Part IV of that Act (social care workers);

(j)registration under section 3 of the Teaching and Higher Education Act 1998(8) (registration of teachers with the General Teaching Council for Wales);

(k)the placing of children with foster parents in accordance with any provision of, or made by virtue of, the Children Act 1989, of the Children (Northern Ireland) Order 1995 or the exercise of any duty under or by virtue of section 67 of that Act or Article 108 of that Order (welfare of privately fostered children);

(l)the approval of any person as a foster carer by virtue of section 5(2), (3) and (4) of the Social Work (Scotland) Act 1968(9), the exercise by a local authority of their functions under the Foster Children (Scotland) Act 1984(10) or the placing of children with foster parents by virtue of section 70 of the Children (Scotland) Act 1995(11) (disposal of referral by children’s hearing);

(m)a licence under the Private Security Industry Act 2001(12) to engage in any such licensable conduct (within the meaning of that Act) as will or may involve, or relate to, activities to which paragraph 8 of Schedule 2 to that Act applies (door supervisors etc for public houses and clubs and compatible venues);

(n)a decision made by an adoption agency within the meaning of section 11 of the Adoption Act 1976(13) as to a person’s suitability to adopt a child;

(o)an assessment, investigation or review by an adoption agency or local authority as to the suitability of a person, whether or not the person in respect of whom the certificate is sought, to adopt a child (this paragraph being construed in accordance with sections 1(3A) and (4) and 65(1) of the Adoption (Scotland) Act 1978(14) and as if it were one of the provisions of that Act listed in the definition of “adoption agency” in the said section 65(1)).