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(1) These Regulations may be cited as the Police Act 1997 (Enhanced Criminal Record Certificates) (Protection of Vulnerable Adults) (Scotland) Regulations 2002 and shall come into force on 3rd May 2002.
(2) These Regulations extend to Scotland only.
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(1) In these Regulations “vulnerable adult” means a person aged 18 or over who in consequence of a condition of a type listed in paragraph (2) has a disability of a type listed in paragraph (3) and who is receiving services of a type listed in paragraph (4).
(2) The types of condition referred to in paragraph (1) are–
(a) a learning or physical disability;
(b) a physical or mental illness, chronic or otherwise, including an addiction to alcohol or drugs; or
(c) a reduction in physical or mental capacity.
(3) The types of disability referred to in paragraph (1) are–
(a) a dependency upon others in the performance of, or a requirement for assistance in the performance of, basic physical functions;
(b) severe impairment in the ability to communicate with others; or
(c) impairment in the ability of a person to protect themself from assault, abuse or neglect.
(4) The types of services referred to in paragraph (1) are–
(a) care home services;
(b) personal care or nursing or support to live independently at home;
(c) any services provided by an independent hospital, independent clinic, independent medical agency or health body;
(d) social care services; or
(e) any services provided in an establishment catering for a person with learning difficulties.
(5) In this regulation “care home services”, “independent clinic”, “independent hospital”, “independent medical agency” and “health body” have the same meanings as in the Regulation of Care (Scotland) Act 2001.
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A position is specified for the purposes of section 115(4) (enhanced criminal record certificates) of the Police Act 1997 if it is of a kind which enables a person in the course of his or her duties to have regular contact with a vulnerable adult.
R SIMPSON
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
2nd May 2002