The Police Act 1997 (Enhanced Criminal Record Certificates) (Protection of Vulnerable Adults) (Scotland) Regulations 2002
Section 115 of the Police Act 1997 (“the Act”) provides for the issue by the Scottish Ministers of an enhanced criminal record certificate. Application for such a certificate must be accompanied by a statement by a person registered under section 120 of the Act that the certificate is required for the purpose of an exempted question (defined at section 113(5) of the Act) in the course of considering the applicant’s suitability for a position within section 115(3) or (4) or for a purpose relating to any of the matters listed at section 115(5). These Regulations specify the positions within section 115(4) of the Act. Regulation 3 provides that a position is within section 115(4) if it is of a kind which enables a person to have regular contact with a vulnerable adult. The definition of “vulnerable adult” is set out in regulation 2.