PART 1

Disclosure of criminal history and other information

General

Interpretation of Part 1
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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—
  1. the Police Service of Scotland,
  2. a police force in England or Wales maintained under the Police Act 1996,
  3. 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.