Regulation 6 Level 2 disclosures (non-PVG scheme members): prescribed purposes relating to children or adults

(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^f1 (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^f2),

(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^f3,

(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^f4,

(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^f5, 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^f6, as defined in section 33(1) of the Immigration Act 1971^f7, 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^f8,

(c)

proceedings before the sheriff in respect of intervention orders or guardianship orders within the meaning of section 87(1) of the 2000 Act^f9,

(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^f10,

(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.

Annotations

Footnotes

f1: Section 101(1) was amended by section 75 of the Regulation of Care (Scotland) Act 2001 (asp 8), paragraph 9(9) of schedule 2 of the Adoption and Children (Scotland) Act 2007 (asp 4) and schedule 6 of the Children’s Hearings (Scotland) Act 2011 (asp 1).
f2: 2007 asp 4. There are amendments to section 119(1) which are not relevant to these Regulations.
f3: Section 11 was amended by section 24 of the Family Law (Scotland) Act 2006 (asp 2), section 107, paragraph 9(2) of schedule 2 and schedule 3 of the Adoption and Children (Scotland) Act 2007 (asp 4), paragraph 52 of schedule 6 of the Human Fertilisation and Embryology Act 2008 (c. 22), section 15(2) of the Children (Scotland) Act 2020 (asp 16) and S.S.I. 2005/42, S.S.I. 2016/251 and S.I. 2018/987.
f4: Section 96 was amended by paragraph 10(51) and paragraph 12(9) of schedule 5 of the Disclosure (Scotland) Act 2020 (“the Disclosure Act”).
f5: Schedule 2 was substituted by section 74(3) and schedule 3 of the Disclosure Act.
f6: The rules in relation to the Homes for Ukraine Sponsorship Scheme are set out at UKR 11.1 to UKR 20.2 of the Immigration Rules Appendix Ukraine Scheme (HC 395) (https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-ukraine-scheme.) “Permission to enter” and “permission to stay” are defined at paragraph 6.2 of the Immigration Rules: Introduction (https://www.gov.uk/guidance/immigration-rules/immigration-rules-introduction).
f7: 1971 c. 77. There are amendments to section 33(1) which are not relevant to these Regulations.
f8: Part 3 was substituted by section 58 of the Adult Support and Protection (Scotland) Act 2007 (asp 10).
f9: There are amendments to section 87(1) which are not relevant to these Regulations.
f10: Schedule 3 was substituted by section 74(4) and schedule 4 of the Disclosure (Scotland) Act 2020 (asp 13).