EXPLANATORY NOTE
(This note is not part of the Order)
This Order amends sections 113CA and 113CB of the Police Act 1997 (“the Act”). These sections provide that in such cases as may be prescribed an enhanced criminal record certificate issued under Part 5 of the Act must also include suitability information relating to children (section 113CA) or protected adults (section 113CB).
Sections 113CA(2) and 113CB(2) specify what suitability information relating to children and protected adults is. Those sections have been amended by the Police Act 1997 (Alteration of the Meaning of Suitability relating to Children and Protected Adults) (Scotland) Order 2010 (S.S.I. 2010/190). Articles 2 and 3 of this Order directly amend sections 113CA(2) and 113CB(2) respectively to repeal subsection (2)(d) in each section. This means that information as to whether the Independent Safeguarding Authority is considering whether to include the applicant in the children’s barred list in pursuance of paragraph 3 or 5 of, or in the adults’ barred list in pursuance of paragraph 9 or 11 of Schedule 3 to, the Safeguarding Vulnerable Groups Act 2006 is no longer suitability information relating to children or protected adults. This information is not available to Scottish Ministers.