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Disclosure (Scotland) Act 2020

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69Interpretation of Part 1

This section has no associated Explanatory Notes

In this Part—

  • “accredited body” has the meaning given in section 46(2),

  • “acting in relation to a disclosure request” is to be construed in accordance with section 47(11),

  • the “adults’ list” means the list referred to in section 1(1)(b) of the PVG Act,

  • “barred from regulated roles with adults” is to be construed in accordance with section 92(2) of the PVG Act,

  • “barred from regulated roles with children” is to be construed in accordance with section 92(1) of the PVG Act,

  • “caution” means a caution given to a person in England and Wales or Northern Ireland in respect of an offence which, at the time when the caution is given, the person has admitted,

  • “central records” means such records of convictions, cautions or other information held for the use of police forces generally as may be prescribed,

  • “certificate” means any one or more documents provided in response to a particular application,

  • “chief constable” means the chief constable of the Police Service of Scotland,

  • “childhood caution”, in relation to an individual, means a caution given in respect of an offence committed when the individual was under 18 years of age,

  • “childhood conviction”, in relation to an individual, means a conviction for an offence committed when the individual was under 18 years of age,

  • “children” is to be construed in accordance with the definition of “child” in section 97(1) of the PVG Act,

  • “children’s hearing outcome” means anything treated as a conviction for the purposes of the Rehabilitation of Offenders Act 1974 by virtue of section 3 of that Act (special provision with respect to certain disposals by children’s hearings),

  • the “children’s list” means the list referred to in section 1(1)(a) of the PVG Act,

  • “conviction” means a conviction within the meaning of the Rehabilitation of Offenders Act 1974, but does not include a children’s hearing outcome,

  • “countersignatory” has the meaning given in section 51(8),

  • “disclosure information” has the meaning given in section 47(10),

  • “electronic communications” is to be construed in accordance with section 15(1) of the Electronic Communications Act 2000,

  • “independent reviewer” means the independent reviewer established by section 11 of the Age of Criminal Responsibility (Scotland) Act 2019,

  • “lead signatory” has the meaning given in section 51(8),

  • “Level 1 disclosure” has the meaning given in section 1,

  • “Level 1 review application” means an application under section 5(1),

  • “Level 2 disclosure” has the meaning given in section 8,

  • “Level 2 review application” means an application under section 20(1),

  • “List A offence” means an offence listed in schedule 1,

  • “List B offence” means an offence listed in schedule 2,

  • “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975,

  • “non-disclosable children’s hearing outcome” has the meaning given in section 10,

  • “non-disclosable conviction” has the meaning given in section 9,

  • “police force” means—

    (a)

    the Police Service of Scotland,

    (b)

    a police force in England or Wales maintained under the Police Act 1996,

    (c)

    the Police Service of Northern Ireland and the Police Service of Northern Ireland Reserve,

  • “prescribed” means prescribed by regulations made by the Scottish Ministers,

  • “purpose of the disclosure”, in relation to a Level 2 disclosure, is to be construed in accordance with sections 12(3) and 19(6),

  • “the PVG Scheme” means the scheme provided for by Part 2 of the PVG Act,

  • “register of accredited bodies” has the meaning given in section 46(1),

  • “registration” has the meaning given in section 46(2),

  • “regulated roles with children” has the meaning given in section 91 of the PVG Act,

  • “regulated roles with adults” has the meaning given in section 91 of the PVG Act,

  • “removable conviction” has the meaning given in section 20(6),

  • “reviewable information” has the meaning given in section 20(2),

  • “scheme record” has the meaning given in section 48 of the PVG Act,

  • “spent”, in relation to a conviction (including a childhood conviction) or caution, means spent for the purpose of the Rehabilitation of Offenders Act 1974; and “unspent”, in relation to a conviction (including a childhood conviction) or caution, is to be construed accordingly,

  • “statutory office-holder” means a person appointed to an office by virtue of an enactment,

  • “type of regulated role” is to be construed in accordance with section 91(4) and (5) of the PVG Act.

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