Protection of vulnerable groups and disclosure of criminal information: consultation

This consultation seeks views on proposals for the reform to the disclosure regime in Scotland.


Annex A Eligible Roles or Employment type for Level 2 Disclosure

1. Advocate, solicitor.

2. Accountant.

3. Veterinary surgeon.

4. Actuary.

5. Registered European lawyer, registered foreign lawyer.

6. Judicial appointments.

7. Prosecutors, officers assisting prosecutors, and officers assisting in the work of the Crown Office.

8. Justices of the Peace and members of local authorities with signing functions under section 76 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007(3).

9. Clerks (including depute and assistant clerks) and officers of the High Court of Justiciary, the Court of Session and the justice of the peace court, sheriff clerks (including sheriff clerks depute) and their clerks and assistants and other support officers assisting in the work of the Scottish Court Service.

10. Precognition agents.

11. 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, prison monitoring co-ordinators appointed under section 7A(2) of the Prisons (Scotland) Act 1989, and independent prison monitors appointed under section 7B(2)(a) of that Act.

12. Traffic wardens appointed under or in accordance with section 95 of the Road Traffic Regulation Act 1984(6).

13. Any employment or work in the Scottish Society for the Prevention of Cruelty to Animals where the person employed or working, as part of his or her duties, may carry out the killing of animals.

14. Any office, employment or work in the Serious Fraud Office.

15. Any office, employment or work in the National Crime Agency.

16. Any office, employment or work in Her Majesty's Revenue and Customs.

17. Any employment which is concerned with the monitoring, for the purposes of child protection, of communications by means of the internet.

18. Her Majesty's Inspectors, or any person appointed by the Scottish Ministers for the purposes of section 66 of the Education (Scotland) Act 1980(7) or section 9 of the Standards in Scotland's Schools etc. Act 2000(8), or members of any Management Board established to assist either Her Majesty's Inspectors or any such person, or any individual undertaking employment or work for Her Majesty's Inspectors or any such person in relation to the carrying out of inspections under section 66 of the Education (Scotland) Act 1980, section 9 of the Standards in Scotland's Schools etc. Act 2000 or section 115 of the 2010 Act(9), or otherwise in regard to matters associated with such inspections.

19. Any office or employment in the Risk Management Authority.

20. Any office or employment in the Scottish Criminal Cases Review Commission.

21. Any office or employment in a relevant authority as defined in section 6 of the Fire (Scotland) Act 2005(12).

22. Members mentioned in section 35(4)(c) of the Judiciary and Courts (Scotland) Act 2008(13) of a tribunal constituted under section 35(1) of that Act to consider the fitness for judicial office of a person holding a judicial office mentioned in section 35(2) of that Act.

23. Members mentioned in section 12A(4)(d) of the Sheriff Courts (Scotland) Act 1971(14) of a tribunal constituted under section 12A(1) of that Act to consider the fitness for shrieval office of a person holding a shrieval office mentioned in section 12A(2) of that Act.

24. Lay members of the Judicial Appointments Board for Scotland appointed by the Scottish Ministers under paragraph 2 of schedule 1 to the Judiciary and Courts (Scotland) Act 2008.

25. Non-judicial members of the Scottish Court Service mentioned in paragraph 2(3)(d) of schedule 3 to the Judiciary and Courts (Scotland) Act 2008.

26. A Head of Practice or a member of a Practice Committee of a licensed legal services provider.

27. Any occupation in respect of which an application to the Gambling Commission for a licence, certificate or registration is required by or under any enactment.

28. Any occupation which is concerned with the management of a place in respect of which the approval of the Scottish Ministers is required by section 1 of the Abortion Act 1967.

29. Any occupation in respect of which an application to the Security Industry Authority for a licence is required by the Private Security Industry Act 2001.

30. Any occupation in respect of which a licence or registration is required by or under Part V (driving instruction) of the Road Traffic Act 1988.

31. Foster/Kinship Carers

32. Adoptive parents

33. Any office or employment in Social Care and Social Work Improvement Scotland.

34. Any office or employment in the General Teaching Council for Scotland.

35. Financial service - Any question asked in order to assess the suitability of the individual to whom the question relates to have the status specified in the first column of the table in Part 2 of Schedule 2 by, or on behalf of, the person listed in relation to that status in the second column of that table.

36. Registration of certain landlords

37. Public procurement

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