# The Level 1 and Level 2 Disclosure Information (Scotland) Regulations 2024, 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 (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.

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Source: https://www.legislation.gov.uk/ssi/2024/315/regulation/6 (the official version)
Page: https://openlegislation.uk/level-1-and-level-2-disclosure-information-scotland-regulations-2024/regulation-6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.