Scottish Government

SCOTTISH EXECUTIVE

SCOTTISH CRIMINAL RECORD OFFICE

DISCLOSURE SCOTLAND

CODE OF PRACTICE

FOR

REGISTERED PERSONS AND OTHER RECIPIENTS OF DISCLOSURE INFORMATION

PROTECTING THE VULNERABLE BY SAFER RECRUITMENT

Introduction

1. This Code of Practice is published by the Scottish Ministers under section 122 of the Police Act 1997 ("the Act") in connection with the use of information ("Disclosure information") provided to registered persons under Part V of that Act. The Code may be revised from time to time, but the Scottish Ministers will normally consult on any proposed changes before publishing a revised Code. The Code is supplemented by a non-statutory Explanatory Guide issued by Disclosure Scotland.

Purpose of Code

2. The Code is intended

• to ensure that the Disclosure information released will be used properly and fairly

• to provide assurance to those applying for Standard and Enhanced Disclosures that the Disclosure information will be used properly and fairly

• to ensure that Disclosure information is handled and stored appropriately and is kept for only as long as necessary and thereafter disposed of securely.

Interpretation

3. Disclosure information is information

4. This Code of Practice applies to all recipients of Disclosure information, except the subject of the Disclosure information, that is to say

Obligations of the Code

5. Registered persons countersigning applications on behalf of others: Registered persons who countersign Standard Disclosure or Enhanced Disclosure applications on behalf of other persons or bodies must:

• satisfy themselves that those on whose behalf they intend to countersign applications are entitled to receive Disclosure information by virtue of their being entitled to ask exempted questions under the Exceptions Orders to the Rehabilitation of Offenders Act 1974

• take reasonable steps to ensure that those to whom they pass Disclosure information observe the Code of Practice.

6. Fair use of disclosure information by recipients: Recipients of Disclosure information must:

7. Handling of Information(see para 24 of the Explanatory Guide): Recipients of Disclosure information:

• must not disclose Disclosure information in contravention of section 124 of the Act. Unauthorised disclosure is a criminal offence
• must not disclose to the applicant information provided under section 115(8) of the Act, that is information which is supplied to the registered person but which is not shown on the Disclosure

• must ensure that Disclosures and the information they contain are available only to those who need to have access to them in the course of their duties

• must securely store Disclosures and the information that they contain during the period they need to be retained

• must not retain Disclosures or a record of Disclosure information contained within them for longer than is required for the purpose for which the Disclosure was obtained. In general, this should be no later than six months after the date on which recruitment or other relevant decisions have been taken, or after the date on which any dispute about the accuracy of the Disclosure information has been resolved. This period should be exceeded only in exceptional circumstances which justify retention for a longer period. Where, however, a Disclosure application is countersigned by a registered person on behalf of others, Disclosure information should not be retained by the registered person after it has been disclosed to those on whose behalf applications were countersigned
• must dispose of Disclosure information in a secure manner, for example by shredding.

8. Registered persons shall:

• have a written security policy on handling, holding and destroying Disclosure information

• ensure that a body or individual at whose request applications for Disclosures are countersigned has such a written policy.

9. Assurance(see para 30 of the Explanatory Guide): recipients of Disclosure information shall:

• at the request of Disclosure Scotland undertake an audit of their handling, holding and destruction of Disclosure information

• report to Disclosure Scotland any evidence of failure, either on their own part or on the part of another party, to comply with this Code of Practice

• report to Disclosure Scotland any reasonable suspicion that an offence has been committed under section 124 of the Act.

Failure to comply with Code of Practice(see para 54 of the Explanatory Guide)

10. Registered persons should be aware that, in accordance with section 122(3) of the Act, Disclosure Scotland is empowered to refuse to issue a Disclosure if it believes that

• a registered person, or

• someone on whose behalf a registered person has countersigned an application

has failed to comply with the Code of Practice.