As set out in Part 1 of the Children and Young People (Scotland) Act 2014, Scottish Ministers must keep under consideration whether there are any steps which they could take which would or might secure better or further effect in Scotland of the UNCRC requirements, and if they consider it appropriate to do so, take any of the steps identified by that consideration. Undertaking a CRWIA helps Ministers to fulfil this duty.
There are two key considerations when undertaking a CRWIA:
Participation: The United Nations Convention on the Right of the Child (UNCRC) sets out that children have the right to participate in decisions which affect them. When assessing the impacts of the policy/measure, you are recommended to consult with children and young people. You can do this directly, through organisations that represent children and young people or through using existing evidence on the views and experiences of children where relevant. Participation of children and young people should be meaningful and accessible.
Evidence: You are recommended to gather evidence when assessing the impact of the policy/measure on children's rights and also for measuring and evaluating the policy/measure. If you identify any gaps in the evidence base, you can discuss how you will address these with analytical colleagues.
These instruments have been made in response to the "Homes for Ukraine" scheme ("the scheme") announced by the UK Government and the Scottish Government's intention to act as a "super sponsor" for those fleeing the war in Ukraine. The instruments make amendments to
- the Police Act (Criminal Records) (Scotland) Regulations 2010 ("the 2010 Regulations") to ensure the statutory framework for state disclosure allows for higher level disclosures checks to be carried out on sponsors (volunteers providing accommodation in their homes) and those in the sponsoring household aged over 16 years, to ensure those fleeing the war in Ukraine are placed in safe homes.
- the Rehabilitation of Offenders Act 1974 (Exclusions And Exceptions) (Scotland) Order 2013 so that the rules on self-disclosure and state disclosure of convictions are aligned.
The Rehabilitation of Offenders Act 1974 (Exclusions And Exceptions) (Scotland) Amendment Order 2022 and the Police Act 1997 (Criminal Records) (Scotland) Amendment Regulations 2022 made amendments so that the appropriate level of disclosure checks could be made in relation to individuals offering to provide accommodation within premises they also reside in (and those over the age of 16 years residing within the same premises) to displaced Ukrainians under the scheme.
Subsequently, the Rehabilitation of Offenders Act 1974 (Exclusions And Exceptions) (Homes for Ukraine Sponsorship Scheme) (Scotland) Amendment Order 2022 and the Police Act 1997 (Criminal Records) (Homes for Ukraine Sponsorship Scheme) (Scotland) Amendment Regulations 2022 have made substituting amendments to enable enhanced disclosure checks to be carried out when any individual, whose suitability to provide accommodation to a person who has permission to enter into or to stay in the UK under the Homes for Ukraine scheme (regardless of whether that accommodation is restricted to premises in which the individual also resides or not), is being assessed. The substituting instruments do not make any changes to the position for 16 and 17 year olds. Where the individual offering the accommodation is offering a room in their own home, any other individual over the age of 16 years also residing in the household with that individual, will still also be subject to the same level of check.
There is a single policy behind these instruments so a combined CRWIA has been completed.
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