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Definition of Terms

An Adult at Risk is a person aged 18 or over who receives services of a type list at (1) and in consequence of a condition of a type listed at (2), has a disability of a type listed at (3).

(1)  The services are:

  • Care home services.
  • Personal care or nursing or support to live independently at home.
  • Any services provided by an independent hospital, independent clinic, independent medical agency or health body.
  • Social care services.
  • Any services provided in an establishment catering for a person with learning difficulties.

(2)  The conditions are:

  • A learning or physical or mental capacity.
  • A physical or mental illness, chronic or otherwise, including addiction to alcohol or drugs.
  • A reduction in physical or mental capacity.

(3)  The disabilities are:

  • A dependency upon others in the performance of, or a requirement for assistance in the performance of, basic physical functions.
  • Sever impairment in the ability of a person to protect themselves from assault, abuse or neglect.

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To have responsibility for the health of; guidance of; protection of; preservation of; provision for; or welfare of another person.

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Defined in the Regulation of Care (Scotland) Act 2001.  A "care service" covers a wide range of services including a care home service; independent health care service and housing support service.

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"Child" means an individual under the age of 18.

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Defined in Schedule 2 of PoCSA and covers a wide range of posts including caring for, training, supervising or being in sole charge of children.

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The Central Registered Body in Scotland (CRBS) is an umbrella body that provides access to disclosures on behalf of voluntary sector organisations.

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A document that details criminal record information that is held by police and government departments.

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An agency of the Scottish Government that provides disclosure of conviction information.  Click here to go to Disclosure Scotland website.

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The Disqualified from Working with Children List.

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The enhanced disclosure is the highest level of disclosure available for childcare and adults at risk positions.  It will show all details contained in standard disclosures but may also contain non-conviction information and police intelligence.

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A question that an organisation is not normally allowed to ask in relation to an individual's criminal history.  However, organisations that have individuals working with children and adults at risk are entitled to ask for the full criminal history because these positions are exempted positions.

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Harm includes harm which is not physical harm, therefore you would have to determine harm or risk of harm from within your organisation depending on the circumstances.

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An organisation enrolled with CRBS to act on behalf of other organisations.  An Intermediary Body can be used by smaller organisations who are not able to work to the requirements of the Ministerial Code of Practice.

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Published by the Scottish Ministers the "Code" is intended to ensure that disclosure information is handled, stored and disposed of appropriately.  Please click on the links to view the Code of Practice and accompanying Explanatory Guide.

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Information which the chief officer or a relevant police force thinks might be relevant to the work being carried out by an individual.  The information may relate to civil orders, fixed penalty fines, pending cases or police intelligence.

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A business, body or charity with staff or volunteers, who performs work or provides a service for the aims of that business, body or charity.

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The Protection of Children (Scotland) Act 2003.  This Act applies to your organisation if you have individuals in childcare positions.

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Information held about individuals by police for operational policing purposes.  Intelligence, or a summary of it, might form part of non-conviction information submitted to Disclosure Scotland for inclusion on an individual's disclosure certificate.

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The Protection of Vulnerable Groups (Scotland) Act 2007.  A new membership scheme that will replace and improve upon the current disclosure arrangements for people who work with vulnerable groups.  Please click here for more information on PVG.

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The process of gathering information and sending it to the Scottish Ministers when an individual's behaviour has caused harm or risk of harm to a child/children and has resulted in that individual being removed from a childcare position. Referral Form

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The nominated individual within your organisation enrolled with CRBS and are able to make requests for Standard or Enhanced disclosure checks for their staff/volunteers.

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Any service provided by or on behalf of an organisation, not being a care service or a health service, which involves caring for, training of, or support, assistance, advice, counselling or guidance to, individuals relating to their physical or emotional well being, education, training or welfare needs.

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There are specified times when a conviction becomes "spent" - the rehabilitation period. This will differ depending on the type of setence passes. For people aged 18 or over when convicted:

  • most convictions become spent after five years
  • prison sentences up to six months become spent after seven years
  • prison sentences up to two and a half years become spent after ten years
  • sentences over two and a half years are never spent
Most rehabilitation  periods are halved if you were under 18 when convicted.

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Available for exempted positions not covered by Schedule 2 of the Protection of Children (Scotland) Act 2003 and Adults at Risk. A Standard Disclosure will show details of all convictions whether spent or unspent, or will show no convictions.

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An organisation registered and approved by CRBS to carry out awareness training sessions on the disclosure system and disclosure process. List of Training Partners.

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An organisation which countersigns disclosure applications on behalf of another organisation.

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An unspent conviction is a conviction where the rehabilitation period has not expired. Custodial sentences of more than two and a half years can never become spent.

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Volunteer Development Scotland (VDS) is Scotlands Centre for Excellence in volunteering.  Please click here to go to the VDS website.

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