Regulation 10 Enhanced criminal record certificates – suitability for positions

(1)

This regulation applies to work in a child care position, within the meaning of the Protection of Children (Scotland) Act 2003^f1.

(2)

This regulation applies to a position if it is of a kind which enables a person in the course of his or her duties to have contact with an adult at risk.

(3)

In paragraph (2) “adult at risk” means a person aged 18 or over who in consequence of a condition of a type listed in paragraph (4) has a disability of a type listed in paragraph (5) and who is receiving services of a type listed in paragraph (6).

(4)

The types of condition referred to in paragraph (3) are–

(a)

a learning or physical disability;

(b)

a physical or mental illness, chronic or otherwise, including addiction to alcohol or drugs; or

(c)

a reduction in physical or mental capacity.

(5)

The types of disability referred to in paragraph (3) are–

(a)

a dependency upon others in the performance of, or a requirement for assistance in the performance of, basic physical functions;

(b)

severe impairment in the ability to communicate with others; or

(c)

impairment in the ability of a person to protect themselves from assault, abuse or neglect.

(6)

The types of services referred to in paragraph (3) are–

(a)

care home services;

(b)

personal care or nursing or support to live independently at home;

(c)

any services provided by an independent hospital, independent clinic, independent medical agency or health body;

(d)

social care services; or

(e)

any services provided in an establishment catering for a person with learning difficulties.

(7)

In this regulation “care home services”, “independent clinic”, “independent hospital”, “independent medical agency” and “health body” have the same meanings as in the Regulation of Care (Scotland) Act 2001^f2.

Annotations

Footnotes

f1: 2003 asp 5.
f2: 2001 asp 8.