OpenLegislation

Regulation 12 Enhanced criminal record certificates – individuals

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This regulation applies to individuals in the circumstances set out in paragraphs 2 to 8.

(2)

An individual included or seeking inclusion in any list prepared for the purposes of Part II of the National Health Service (Scotland) Act 1978f1 of–

(a)

dental practitioners undertaking to provide general dental services;

(b)

medical practitioners and ophthalmic opticians undertaking to provide general ophthalmic services; or

(c)

persons undertaking to provide pharmaceutical services.

(3)

An individual who is–

(a)

a director of a body corporate included or seeking inclusion in a list referred to in paragraph 2(b) or (c); or

(b)

a partner of a partnership included or seeking inclusion in a list so referred to.

(4)

An individual included or seeking inclusion in any list prepared by virtue of section 17P of the National Health Service (Scotland) Act 1978f2 (persons performing primary medical services).

(5)

This paragraph applies to an individual appointed or seeking appointment–

(a)

as one of Her Majesty’s inspectors (as defined by section 135(1) of the Education (Scotland) Act 1980f3); or

(b)

by the Scottish Ministers, for the purposes of section 66 of that Act of 1980 (inspection of educational establishments) or of section 9 of the Standards in Scotland’s Schools etc. Act 2000f4 (inspection of education authority).

(6)

This paragraph applies to an individual appointed or seeking appointment–

(a)

as the Principal Reporter or under section 128(5) of the Local Government etc. (Scotland) Act 1994f5 as an officer to assist that officer;

(b)

as a prosecutor, as defined by section 307(1) of the Criminal Procedure (Scotland) Act 1995f6, or as an officer to assist a prosecutor or to assist in the work of the Crown Office; or

(c)

in a panel established by virtue of section 101(1) of the Children (Scotland) Act 1995f7 (panels for curators ad litem, reporting officers and safeguarders).

(7)

An individual seeking appointment as a member of an adoption panel under regulation 7 of the Adoption Agencies (Scotland) Regulations 1996f8.

(8)

An individual seeking appointment as a panel member on a fostering panel under regulation 4 of the Fostering of Children (Scotland) Regulations 1996f9.

Annotations

Footnotes

f1

1978 c. 29.

f2

Section 17P was inserted by section 5(2) of the Primary Medical Services (Scotland) Act 2004 (asp 1).

f3

1980 c. 44.

f4

2000 asp 6.

f5

1994 c. 39.

f6

1995 c. 46.

f7

1995 c. 36.

f8

S.I. 1996/3266.

f9

S.I. 1996/3263.