Are Disclosures portable (the idea of "portability")?
Portability refers to the re-use of a Disclosure, possibly involving someone applying for different positions within a single Registered Body or between different organisations. In effect, Disclosure Scotland would caution Registered Bodies against the use of portability as an individual within a Registered Body could be committing an offence* if he or she discloses information provided to them following an application.
An individual who has applied for the Disclosure (i.e. the applicant) has the right to show his or her copy of the Disclosure Certificate to any person he or she wishes.
Other points to consider include the following factors:-
- Disclosures carry no formal period of validity;
- The information contained on a Disclosure reflects the information available as of the date of its issue;
- Using portability does not constitute a fresh check;
- A person’s criminal record or other relevant information may have changed since the issue of the previous Disclosure; and
- With regard to Enhanced checks, additional information may be sought from police forces. Such "other relevant information" is provided for the position applied for and this information is dependent on the relevancy to the post applied for.
* Note
Section 124 of Part V of the Police Act 1997 outlines offences which could be committed by inappopriate disclosure of Disclosure information.
