Scottish Government

Chapter 2: Registering with Disclosure Scotland

57. This chapter gives guidance on how appropriate persons can register with Disclosure Scotland in order to access for legitimate purposes the records of individuals who are members of the Scheme. Registration for Scheme purposes is under the 1997 Act.

2.1 - The purpose of registration

58. Scheme records issued by Disclosure Scotland that contain vetting information reveal sensitive and personal information. The aim of protecting vulnerable groups from those who might do them harm can be supported by making this information available. However, in order to protect the privacy of individuals who apply for, or do, regulated work, it is important that the detail of their scheme record is protected, is not released except where appropriate, and is only released to organisations that have been properly vetted, have robust procedures in place for handling disclosure records and have a legitimate reason to see the documentation.

59. Disclosure Scotland manages the registration process through which organisations can apply to access information held by Disclosure Scotland. It has the power to do this through sections 120 and 120ZB of the 1997 Act. Disclosure Scotland will only accept applications for registration from organisations that can ask the exempted question as part of their recruitment processes, and from bodies applying because they will act on behalf of other organisations that ask the exempted question but have chosen not to register themselves.

60. Each registered organisation needs to have a registered person who is Disclosure Scotland's primary point of contact within that organisation. The registered person is often known as the lead signatory.

2.2 - The PVG Act and the Police Act 1997

61. As mentioned previously, the PVG Act is the basis for the Scheme that replaces the previous disclosure arrangements under the 1997 Act for individuals working with vulnerable groups.

62. However, the means by which organisations register to access disclosure records, and then comply with the rules that govern their registration, are still governed by the 1997 Act. Certain parts of the 1997 Act have been amended to allow this to happen.

63. Organisations that are already registered with Disclosure Scotland do not need to re-register for PVG Act purposes. However, during the course of the first full year after implementation of the Scheme all organisations' registrations with Disclosure Scotland will be updated and moved onto the annual subscription model with a single registration for each organisation.

2.3 - Registered persons and countersignatories

How to apply

64. An organisation wishing to register must contact Disclosure Scotland, for an application form. All applications must be made in writing and supported by proof of identity for the organisation, the prospective registered person and any other individuals who are applying to countersign disclosure applications or requests. Voluntary sector organisations offering regulated work can register directly with Disclosure Scotland. There will be a cost for doing so. Alternatively, the organisation can enrol with CRBS at no cost, and CRBS will countersign requests on its behalf.

65. The organisation will have to explain why it wishes to be registered, and why it will be asking exempted questions. This will vary from organisation to organisation. For example, a council running a residential establishment for children will be entitled to ask a job applicant whether or not they have any convictions including spent convictions.

66. Each organisation may only hold one registration with Disclosure Scotland. However, because it is recognised that some organisations are large and complex and so may need to sub-divide the responsibility in order to fulfil it effectively, it is possible for organisations to establish sub accounts. For example, a council may establish separate sub accounts for its education, housing and social work departments.

67. The organisation must nominate an appropriate individual to become its registered person and lead signatory. The lead signatory should be a senior figure within the organisation, with a level of management responsibility for those who make recruitment decisions. This individual does not have to be the person who will countersign most or all of the disclosure applications or requests. Other individuals involved in the recruitment process may also be nominated as a countersignatory and they may bear most of the workload.

Setting up countersignatories in an organisation

68. An annual subscription covers the organisation's registration, plus up to five countersignatories, including the lead signatory. There is an additional annual fee for each countersignatory beyond five. Organisations may wish to avoid nominating more than they will need and should inform Disclosure Scotland promptly if they wish to deregister a countersignatory. There is no subscription charged for enrolling with CRBS.

69. In advance of the organisation's annual subscription falling due, Disclosure Scotland will provide them with a full list of all current countersignatories and provide the opportunity to delete any that are no longer active. This will also allow the opportunity to update any other areas of the registration details that are inaccurate, for example, telephone contact details.

70. Each nominated countersignatory will be checked under the provisions of the 1997 Act, to ensure they are a person who is suitable to receive disclosure information. They do not need to become a member of the Scheme in order to fulfil their countersignatory duties. However, if the other duties they perform for their employer normally involve regulated work, they will be able to be a scheme member for that purpose.

71. Countersignatory suitability checks are ongoing. If information comes to light that questions the suitability of an individual to remain a countersignatory, then that individual's right to countersign may be revoked.

72. Organisations should pay close attention to the PVG Act, which warns that disclosure record sent to the countersignatory may only be shared within the organisation where it is directly necessary as part of employee recruitment or retention decisions. Therefore organisations should consider carefully who is best placed to ensure their use of disclosure information is complying with the PVG Act. Small organisations that lack in-house legal expertise may seek outside help in interpreting the vetting information that may be revealed on a scheme record. For example, CRBS provide this service to small voluntary sector organisations enrolled with them.

73. When an individual is accepted as a countersignatory, they are issued with their registered body's ID code and their own confidential ID number which they must include on each disclosure application or request they countersign. This ID number should not be shared or divulged to anyone. The number is not for use by anyone else at the organisation and is only valid where it is used in conjunction with the countersignatory's authorised signature. The registered person must keep Disclosure Scotland up to date with any changes to the required personal details about countersignatories in their organisation.

2.4 - Countersigning and making declarations

74. When an applicant is asked to complete an application form by an organisation, either to join the Scheme or for a subsequent request for information held by the Scheme, they should complete the relevant sections of the form. Once that is done, it should be returned to the organisation so that the registered body sections can be completed. Usually someone in the same organisation will do the countersigning.

75. If the organisation does not have its own countersignatory, then it should send the completed application form to the registered body it has enrolled with. That registered body will check and countersign the form before forwarding it to Disclosure Scotland.

76. When a countersignatory signs, it is a declaration that the application or request is legitimate, that the organisation is properly registered and has the right to receive a copy of the disclosure record requested, and that the disclosure record issued will be used in accordance with the PVG Act or the 1997 Act, and the Code of Practice (published by the Scottish Ministers under section 122 of the 1997 Act) where the obligations about handling, storing and destroying etc are set out. It is an offence for a countersignatory to knowingly make a false statement to gain access to a disclosure record

77. The organisation remains responsible at all times for ensuring that the Code is complied with. If the countersignatory belongs to a registered body countersigning on behalf of someone asking the exempted question, then he or she must take reasonable steps to ensure that the organisation being provided with the countersignatory service is aware of its responsibilities about use, storage and destruction of disclosure records.

78. Further details on the responsibilities of all those organisations that receive and use disclosure records may be found in the Code of Practice, and its accompanying Explanatory Guide, which is available from Disclosure Scotland.

2.5 - Why disclosure records are important to organisations

What the Scheme provides

79. The Scheme provides an organisation with a means of satisfying itself that those doing regulated work for it, whether paid or unpaid, are not barred from doing so. It also provides vetting information that can help an organisation decide whether an individual is suitable for the regulated work being applied for. The fact that they are not barred does not necessarily make them a suitable candidate for the post. That suitability decision must always be taken by the employer, informed by the content of the scheme record as well as other good recruitment practices.

80. The Scheme provides this information via disclosure records which are described fully in the Glossary and in paragraphs 24 to 28 above. To get access to these, organisations must either register with Disclosure Scotland, which will enable them to countersign disclosure applications or requests, or else enrol with a registered body that can provide countersignatory services for them.

Offences

81. Organisations that employ individuals in regulated work that they have been barred from doing are committing an offence unless they can show that they did not know and could not reasonably be expected to know that the individual was barred. It is also an offence for a personnel supplier to offer or supply a barred individual to an organisation for the purposes of regulated work unless they can show that they did not know and could not reasonably be expected to know that the individual was barred. On conviction, this may result in a fine, imprisonment up to five years, or both.