The Police Act 1997 (Criminal Records) (Scotland) Amendment Regulations 2022

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 seeking to provide accommodation to Ukrainian nationals and their immediate family members.

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. 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.

Regulation 2(2) of these Regulations amends regulation 10 of the 2010 Regulations to add two further categories of individual to the list of individuals, 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. Those are (a) any individual who is seeking to provide accommodation (and who also resides in that accommodation) to a Ukrainian national, or the immediate family member of a Ukrainian national, who has left Ukraine in connection with the Russian invasion that took place on 24 February 2022 and (b) any individuals who is over the age of 16 and who also resides in the accommodation being provided to a Ukrainian national, or the immediate family member of a Ukrainian national, who has left Ukraine in connection with the Russian invasion that took place on 24 February 2022. Regulation 2(3) makes equivalent amendments to regulation 12 of the 2010 Regulations.