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The Police Act 1997 (Criminal Records) (Homes for Ukraine Sponsorship Scheme) (Scotland) Amendment Regulations 2022
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- Scottish Statutory Instruments
- 2022 No. 158
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EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Police Act 1997 (Criminal Records) (Scotland) Regulations 2010 (“the 2010 Regulations”) to make provision for enhanced disclosures with suitability information in relation to individuals who are offering to provide accommodation (or are residing in accommodation that is to be provided) to a person who has permission to enter into or to stay in the United Kingdom under the Homes for Ukraine Sponsorship Scheme.
The 2010 Regulations make detailed provision in relation to applications for criminal conviction certificates, criminal record certificates and enhanced criminal record certificates under Part 5 of the Police Act 1997 (“the 1997 Act”). Regulation 10 of the 2010 Regulations prescribes the purposes for which an enhanced criminal record certificate can be required including suitability information relating to children. Regulation 12 of the 2010 Regulations prescribes the purposes for which an enhanced criminal record certificate can be required including suitability information relating to adults.
The Police Act 1997 (Criminal Records) (Scotland) Amendment Regulations 2022 (which came into force on 24 March 2022) inserted paragraphs (2)(k) and (2)(l) into regulation 10 and paragraphs (2)(d) and (2)(e) into regulation 12 of the 2010 Regulations to make provision for enhanced disclosures with suitability information in relation to individuals offering to provide accommodation (along with those individuals over the age of 16 years residing within the same premises) to Ukrainian nationals, and their immediate family members, who had left Ukraine in connection with the Russian invasion (and being provided accommodation via the Homes for Ukraine Sponsorship Scheme).
Regulation 2(2) and (3) of these Regulations amends the 2010 Regulations to substitute new paragraphs (2)(k) and (2)(l) into regulation 10 and new paragraphs (2)(d) and (2)(e) into regulation 12. so that the categories of individual in relation to whom an exempted question may be asked for the purpose of an enhanced criminal record certificate with suitability information relating to children and protected adults will now include any individual whose suitability is being assessed to provide accommodation to a person who has permission to enter into or stay in the United Kingdom granted under the immigration rules laid down under section 3(2) of the 1971 Act under the Homes for Ukraine Sponsorship Scheme (and any individual who is over the age of 16 and who resides in the same household as that individual being assessed).
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