The Police Act 1997 (Criminal Records) (Scotland) Regulations 2010

Enhanced criminal record certificates – prescribed purpose

9.—(1) For the purposes of section 113B(2)(b), an enhanced criminal record certificate can be required for the purposes of an exempted question asked—

(a) for a purpose relating to any of the matters set out in paragraph (2); or

(b) in relation to an individual to whom paragraph (3) relates.

(2) The matters referred to in paragraph (1)(a) are—

(a) obtaining or holding an operating licence under Part 5 of the Gambling Act 2005(1) for the purposes of that Act;

(b) obtaining or holding a personal licence under Part 6 of the Gambling Act 2005 for the purposes of that Act;

(c) a licence under section 5 or 6 of the National Lottery etc. Act 1993(2) (running or promoting lotteries);

(d) a licence under the Private Security Industry Act 2001(3) to engage in any such licensable conduct (within the meaning of that Act) as will or may involve, or relate to, activities to which paragraph 8 of Schedule 2 to that Act applies (door supervisors etc. for public houses and clubs and compatible venues).

(3) The individuals referred to in paragraph (1)(b) are—

(a) an individual who is a director of a body corporate, or a partner of a partnership, included or seeking inclusion in any list, prepared for the purposes of Part II of the National Health Service (Scotland) Act 1978(4);

(b) an individual appointed or seeking appointment as a prosecutor, as defined by section 307(1) of the Criminal Procedure (Scotland) Act 1995(5), or as an officer to assist a prosecutor or to assist in the work of the Crown Office;

(c) an individual appointed or seeking appointment—

(i) to any office, employment or work which is concerned with the administration of, or is otherwise normally carried out wholly or partly within the precincts of a prison, remand centre, young offenders institution, detention centre or removal centre;

(ii) as a member of a visiting committee for prisons appointed under rules made under section 39 of the Prisons (Scotland) Act 1989(6); or

(iii) as a member of a visiting committee for remand centres and young offenders institutions appointed under section 19(3) of the Prisons (Scotland) Act 1989.

(1)

2005 c.19.

(2)

1993 c.39.

(3)

2001 c.12.

(4)

1978 c.29.

(5)

1995 c.46.

(6)

1989 c. 45.