SCHEDULE 3Evidence to support security declarations

Regulation 16(4)

Orders and interdicts

1.

(1)

Evidence to support a security declaration by an associate of a recorded person meets the requirements of this paragraph if—

(a)

the evidence is an order, interdict, injunction or measure of a kind referred to in sub-paragraph (2), or a copy of such an order, interdict, injunction or measure,

(b)

the order, interdict, injunction or measure is made for the protection, or otherwise for the benefit, of the associate or an individual connected with the associate, and

(c)

the order, interdict, injunction or measure is in force.

(2)

The orders, interdicts, injunctions or measures referred to are—

(a)

a non-harassment order, interdict or interim interdict made under section 8 or 8A of the Protection from Harassment Act 199730,

(b)

a non-harassment order made under section 234A(2) of the Criminal Procedure (Scotland) Act 199531,

(c)

a matrimonial interdict within the meaning of section 14 of the Matrimonial Homes (Family Protection) (Scotland) Act 198132,

(d)

a domestic interdict within the meaning of section 18A of the Matrimonial Homes (Family Protection) (Scotland) Act 198133,

(e)

a relevant interdict within the meaning of section 113 of the Civil Partnership Act 200434,

(f)

an interdict that has been determined to be a domestic abuse interdict within the meaning of section 3 of the Domestic Abuse (Scotland) Act 201135,

(g)

any interdict with an attached power of arrest made under section 1 of the Protection from Abuse (Scotland) Act 200136,

(h)

a forced marriage protection order or interim forced marriage protection order made under any of the following provisions—

(i)

Part 4A of the Family Law Act 199637,

(ii)

section 2 and paragraph 1 of schedule 1 of the Forced Marriage (Civil Protection) Act 200738,

(iii)

section 1 of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 201139, or

(iv)

section 5 of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011,

(i)

an injunction for the purpose of restraining a person from pursuing any conduct which amounts to harassment granted in proceedings under section 3 of the Protection from Harassment Act 199740,

(j)

an injunction granted under section 3A(2) of the Protection from Harassment Act 199741,

(k)

a restraining order made under section 5(1) of the Protection from Harassment Act 199742,

(l)

a restraining order on acquittal made under section 5A(1) of the Protection from Harassment Act 199743,

(m)

a non-molestation order made under section 42(2) of the Family Law Act 199644,

(n)

an injunction for the purpose of restraining a person from pursuing any conduct which amounts to harassment granted in proceedings under article 5 of the Protection from Harassment (Northern Ireland) Order 199745,

(o)

a restraining order made under article 7 of the Protection from Harassment (Northern Ireland) Order 199746,

(p)

a restraining order on acquittal made under article 7A(1) of the Protection from Harassment (Northern Ireland) Order 199747,

(q)

a non-molestation order made under article 20(2) of the Family Homes and Domestic Violence (Northern Ireland) Order 199848,

(r)

a domestic violence protection order made under section 28 of the Crime and Security Act 201049 or section 97 and paragraph 5 of schedule 7 of the Justice Act (Northern Ireland) 201550,

(s)

a female genital mutilation protection order made under section 5A and paragraphs 1 or 18 of schedule 2 of the Female Genital Mutilation Act 200351,

(t)

any relevant protection measure ordered in another EU member state and entitled to be recognised in Scotland under Regulation (EU) 606/2013 of the European Parliament and of the Council on mutual recognition of protection measures in civil matters52.

Attestations

2.

(1)

Evidence to support a security declaration by an associate meets the requirements in this regulation if the evidence is an attestation that certifies that the inclusion of one or more required details of the associate in the RCI would put the associate, or an individual connected with the associate, at risk of violence, abuse, threat of violence or abuse, or intimidation.

(2)

The attestation must—

(a)

state the date on which the attestation is made,

(b)

state the period for which it has effect (being a period of not less than 1 year, and not more than 5 years, beginning with the day on which the attestation is made), and

(c)

be signed by a person referred to in sub-paragraph (3).

(3)

For the purposes of sub-paragraph (2)(c), the persons are—

(a)

a police officer holding the rank of inspector or above in—

(i)

the Police Service of Scotland,

(ii)

any police force in England and Wales,

(iii)

the Police Service of Northern Ireland,

(b)

the Director General of the Security Service,

(c)

the Director General of the National Crime Agency,

(d)

any chief social work officer in Scotland within the meaning of section 3 of the Social Work (Scotland) Act 196853,

(e)

any director of adult social services in England within the meaning of section 6(A1) of the Local Authority Social Services Act 197054,

(f)

any director of children’s services in England within the meaning of section 18 of the Children Act 200455,

(g)

any director of social services in Wales within the meaning of section 6(A1) of the Local Authority Social Services Act 1970,

(h)

any director of social services of a Health and Social Services Board established under article 16 of the Health and Personal Social Services (Northern Ireland) Order 197256,

(i)

any executive director of social work of a Health and Social Services trust established under article 10 of the Health and Personal Social Services (Northern Ireland) Order 199157,

(j)

any registered medical practitioner,

(k)

any registered nurse or midwife,

(l)

any person who manages a refuge.

(4)

For the purposes of sub-paragraph (3)(l), “refuge” means accommodation together with a planned programme of therapeutic and practical support for victims of, or those at risk of, domestic abuse or violence.