Annex A2: Glossary
The Scottish list of individuals who are barred from working with protected adults, established by section 1 of the Act.
Listing without a determination process or right to make representation. Individuals meeting the criteria set out in any order made under section 14 of the Act will be automatically listed, see chapter 3.
Individuals prohibited from doing regulated work in Scotland or regulated activity in England, Wales or Northern Ireland because they have been listed in Scotland or by the Independent Safeguarding Authority which covers the rest of the UK.
Central Barring Unit
The unit, in Scotland, which will consider individuals for listing on the children's and adults' lists and maintain those lists, see chapter 1.
A child is defined as an individual under the age of 18 for the purposes of the Act and this Scheme, see section 97 of the Act.
The Scottish list of individuals who are barred from working with children, established by section 1 of the Act.
Consideration for listing
The process of determining whether an individual should be listed. Apart from automatic listing, any new information about an individual will trigger a consideration for listing. This will be a two stage process. An initial consideration for listing will determine whether the information (along with any existing information) suggests that the individual may be unsuitable. If not, the new information will simply be added to their scheme record. If it is considered to be relevant, a formal consideration for listing will commence. Depending on the complexity of the case, the duration of consideration for listing could be several months. During this time the individual can continue to do regulated work and has the opportunity to make representations about their case. If the individual is a scheme member, all interested organisations will be informed that they are under consideration for listing and this would also appear on any type of scheme disclosure obtained during that period.
Criminal History System
The criminal history system is a computerised and centralised system for recording information on criminals in Scotland. It is also used for administrative purposes to record details of those people who are firearm, shotgun dealer or explosive certificate holders. It links into the police national computer ( PNC) allowing officers in Scotland to retrieve information from the national criminal database for England and Wales.
Disclosure of scheme membership
Requested by personal employers when employing an individual to do regulated work for them, see chapter 1.
The executive agency which will continue to collect vetting information and issue disclosures (as now) and will work alongside a new Central Barring Unit to make listing decisions and manage the lists.
Disqualified from Working with Children List ( DWCL)
The current list of individuals who must not work in a child care position in Scotland. It was established under the Protection of Children (Scotland) Act 2003 and has been operating since January 2005. The 2003 Act will be repealed and replaced by the Act and the individuals listed on the DWCL will be transferred to the new children's list. See chapter 1 for background on the current position.
The Independent Safeguarding Authority
An non-departmental public body covering the rest of the UK, is the equivalent of the CBU for Scotland.
Organisational employers and regulatory bodies for whom a scheme member is doing regulated work, identified through having previously requested a scheme record disclosure or short scheme record disclosure.
For the purposes of this paper, an organisational employer means a public authority, business, charity or voluntary organisation whether or not the staff are employees or volunteers.
Means a private individual employing someone to do regulated work (e.g. a parent employing a piano tutor for their child or an elderly person employing a care assistant).
A protected adult is an individual aged 16 or over in receipt of registered care services or community care services set out at section 94 of the Act or any health services or welfare services prescribed in regulations, see chapter 2.
The mechanism by which organisational employers, regulatory bodies and the courts trigger the Central Barring Unit to consider listing an individual, see chapter 3.
Regulated work (regulated activity)
Regulated work is the type of work for which disclosures under the Scheme should be obtained and which barred individuals must not do. Regulated work divides into regulated work with children, defined at schedule 2 to the Act, and regulated work with adults, defined at schedule 3 to the Act. Similar types of work are called regulated activity in England, Wales and Northern Ireland.
Offence listed in schedule 1 to the Act which leads to automatic consideration for listing, see chapter 3.
The process by which individuals already doing regulated work when the Scheme goes live obtain their first scheme record disclosure and join the Scheme. This contrasts with the routine checking of individuals being appointed to a new post in regulated work, see chapter 5.
This is generated when a person applies to become a scheme member and is held by Disclosure Scotland. It contains a statement of scheme membership and vetting information. New information will be added to an individual's scheme record as it is received by Disclosure Scotland.
Scheme record disclosure
Requested by an organisational employer if the individual is not already a scheme member or when a short scheme record disclosure indicates that new vetting information is available since the scheme record disclosure was issued, see chapter 1.
Short scheme record disclosure
Requested by an organisational employer employing an existing scheme member for the first time or as part of a regular review of existing employees, provided that the employer has access to a previous scheme record disclosure, see chapter 1.
Statement of scheme membership
Unilateral application by individuals in anticipation of taking up regulated work. For example, an individual who is intending to help out at a children's camp in the summer but is unsure with which organisation, see chapter 1.
Safeguarding Vulnerable Groups Act 2006
Makes provision for a similar scheme for England and Wales and, to some extent, Northern Ireland.
For the purposes of this consultation paper, the Scheme means all aspects of arrangements for vetting and barring in Scotland (and is broader than the definition in section 44 of the Act).
The scheme provided for by the Safeguarding Vulnerable Groups Act 2006 for England, Wales and Northern Ireland.
Vetting information about an individual includes convictions, non-conviction information from the police, inclusion on the Sex Offenders Register and any prescribed information from regulatory bodies and councils, see chapter 4. Vetting information is included on a scheme record disclosure and new relevant vetting information leads to consideration for listing.
For the purpose of this consultation, reference to a vulnerable individual means a child or a protected adult or both.