UK New Legislation,The Disclosure and Use of Level 2 Disclosures (Prescribed Purpose and Circumstances) (Scotland) Regulations 2024

The Disclosure and Use of Level 2 Disclosures (Prescribed Purpose and Circumstances) (Scotland) Regulations 2024

Introduction

The Scottish Government has introduced new regulations that will govern the disclosure and use of Level 2 Disclosure information in Scotland. These regulations will come into force on [Date].

Background

Level 2 Disclosures are a type of criminal record check that can be requested by individuals or organisations for a variety of purposes, such as employment or volunteering. They contain information about convictions, cautions, and warnings that have been recorded against an individual.

The previous regulations governing the disclosure and use of Level 2 Disclosures were introduced in 2013. However, the Scottish Government has since reviewed these regulations and found that they need to be updated to reflect changes in the law and society.

Key Changes

The new regulations make a number of important changes to the way Level 2 Disclosures can be requested and used. These changes include:

  • Expanding the range of purposes for which Level 2 Disclosures can be requested. The new regulations allow Level 2 Disclosures to be requested for a wider range of purposes, including:
    • Employment
    • Volunteering
    • Fostering or adoption
    • Working with children or vulnerable adults
    • Licensing or regulation
  • Introducing a new requirement for organisations to have a prescribed purpose for requesting Level 2 Disclosures. Organisations will now need to have a specific reason for requesting a Level 2 Disclosure, and this reason must be in line with the purposes set out in the regulations.
  • Creating a new category of ‘restricted information’. The new regulations create a new category of ‘restricted information’ that will be included in Level 2 Disclosures. Restricted information includes information about convictions that have been spent or declared as irrelevant, and information about cautions or warnings that have been deleted.
  • Limiting the use of Level 2 Disclosures. The new regulations limit the use of Level 2 Disclosures to the specific purpose for which they were requested. Organisations will not be able to use Level 2 Disclosures for any other purpose, and they will be required to destroy the Disclosure once it is no longer needed for the specified purpose.

Impact of the New Regulations

The new regulations will have a significant impact on the way Level 2 Disclosures are requested and used in Scotland. The changes will make it more difficult for organisations to obtain Level 2 Disclosures for inappropriate purposes, and they will also help to protect the privacy of individuals.

Conclusion

The new regulations governing the disclosure and use of Level 2 Disclosures in Scotland are a welcome change. They will help to protect the privacy of individuals and ensure that Level 2 Disclosures are only used for appropriate purposes.


The Disclosure and Use of Level 2 Disclosures (Prescribed Purpose and Circumstances) (Scotland) Regulations 2024

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UK New Legislation a new article on 2024-11-04 08:50 titled “The Disclosure and Use of Level 2 Disclosures (Prescribed Purpose and Circumstances) (Scotland) Regulations 2024”. Please write a detailed article on this news item, including any relevant information. Answers should be in English.

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