CPA Bulletin

www.cpa.uk.net CPA Bulletin > November 2020 27 LEGAL: 3 Changes to Criminal Records Checks in Scotland The Disclosure (Scotland) Act 2020 brings significant changes to criminal record checking in Scotland. Together with the ability to make applications online, with a view to simplifying the regime, a key change is that instead of the four existing levels of disclosure and the ten different associated products, there will only be two main ‘levels’: Level 1 will generally replace the existing basic disclosure and including details of: • Unspent adult convictions; or • Unspent childhood convictions; and • Any notification requirements under the Sexual Offences Act 2003. Level 2 will generally replace the existing standard and enhanced disclosure and including details of: • Spent and unspent adult convictions; or • Unspent childhood convictions; or • Unspent adult cautions; and • Any notification requirements under the Sexual Offences Act 2003. Criminal offences are created for individuals who carry out (or attempt to carry out) a ‘regulated role’ without being a Protective Vulnerable Group (PVG) Scheme member. A parallel offence is in place for any organisation that offers a ‘regulated role’ (a new concept which replaces ‘regulated work’) to an individual without first establishing that they are a PVG Scheme member by carrying out a Level 2 search. These offences apply regardless of whether the role is paid or unpaid. It should also be noted that whereas PVG Scheme membership is currently indefinite, it will now expire after a period of five years and so should be regularly updated. Further information on the PVG Scheme can be found at https://www.mygov.scot/pvg-scheme/?via=https ://www. disclosurescotland.co.uk/disclosureinformation/pvgscheme. htm New steps to close loophole regarding mobile phone use while driving A new Government Consultation was launched in October, where anyone using a handheld mobile phone whilst driving will be breaking the law. This enhancement by the Government is to close a legislation loophole and improve road safety. It is already a criminal offence to use a handheld mobile phone to call or text while driving, but not for other actions such as taking photos. Activities that will be captured under the revised offence where the Driver holds the mobile phone or similar device in the hand to: • Illuminate the screen • Unlock the device • Check the time • Check notifications • Reject a call • Compose text messages or e-mails to save in drafts • Take photos or videos • Use the phone’s camera as a mirror • Search for music stored on the phone • Search for photos or other images stored in the phone • Dictate voice messages into the phone • Read a book downloaded on the phone • Play a game downloaded on the phone If a driver is caught, then they will face a Fixed penalty Notice of £200, and six penalty points on their driving licence. However, recognising that mobile phones are commonly used as a method of payment - such as at drive-throughs - an exemption will apply under the new proposals to contactless payments. This exemption applies if a vehicle is stationary, and if goods or services - such as a takeaway meal - are delivered immediately. The consultation closes on 17th January 2021. For further information on the consultation, go to the Department for Transport website. Changes to IR35 From 6th April 2021, IR35 legislation is changing, so medium and large companies who employ workers through an intermediary, will have the responsibility for determining a worker’s employment status. This is a fundamental change to the current system, which will apply to services provided after this date, and Build UK has published a practical guide, which can be found at https://builduk.org/ir35-changes-a-practical-guide/