The Registration Form
Below is a portal which will allow a designated business to apply for registration.
In order to register, a representative of the business must create an account as a “Site Admin” Once an account has been established the applicant may login and add persons to be a Reporter, a Signatory and a Specified Person. A single person may hold any of these roles as the Site Admin allows (such as a Sole Trader).
- Site Admin – Can create a new business to apply for registration
- Reporter – May complete a business details form and a risk assessment form.
- Specified Person – May complete a specified person questionnaire about themselves (each person can only see specified person forms they have created)
- Signatory – May only authorise (or reject) the business details form, risk assessment and each of the specified person form submitted. The Signatory may also submit the entire application to the Authority for consideration. (Note that the signatory can see all forms linked to a business).
As noted above, a single person may hold multiple roles above (eg a reporter and a specified person)
Once a person has been assigned a reporter role and a specified person role they will be presented with 3 forms which must be submitted to create the application:
When checking the background of prospective employees, if the individual has not been vetted previously, or it is over 5 years since a criminal record check has been undertaken by the Authority, the following options are available. Until 31 March 2017, designated businesses and applicants for registration may continue to use the existing procedure or opt for the new procedure. The new procedure applies from 1 April 2017.
This involves completing a Police Check Form and sending it to the Authority for processing. Please be aware that any information that is supplied by the Police to the Authority on such Police Check certificates is not provided to the individual for verification first. It is primarily for this reason that the procedure is being changed.
In order for designed businesses and applicants for registration which are incorporated to satisfy themselves as to the integrity of an individual proposed as a specified person, they will be required to review a Disclosure Scotland or Disclosure and Barring Service (‘DBS’) (or equivalent in other jurisdiction) basic check (unless the individual has an existing enhanced check). These checks should be no more than 6 months old at the time of review. It is the responsibility of designated businesses and applicants to review the DBS check result and confirm to the Authority that they are satisfied that the individual is fit and proper in accordance with the requirements under the relevant legislation. This declaration is to be sent to the Authority with the PQ or RCN form. The Authority will assess the individual’s integrity and respond to the business in writing.
In addition a form of photographic ID will need to be submitted to the Authority as a part of the specified person questionnaire. This can be scanned and uploaded as a part of the application process, or a hard copy can be sent to the Authority which clearly identifies which business the document pertains to.
Only the business application form and the specified person form(s) will be used to determine the fitness and propriety of the business, the risk assessment form is designed to assist the Authority in planning oversight visits on the basis of the designated business’ inherent risks.
The above serves to provide an overview of the registration process, more detailed guidance and instructions on how to apply for registration can be found in this user guide.
Section 36 of the Act provides transitional provisions for the implementation of the Act. These provisions allows any person or business undertaking designated business on or before 26 October 2015 to continue doing so, provided that they have submitted completed registration documents prior to 26 April 2016 (6 months after the Act comes into force.)
If any person wishes to establish a designated business after 26 October 2015, the transitional provisions under section 36 of the Act do not apply and the designated business must be registered prior to commencing business. If you are planning to establish a business after 26 October 2015, please make yourself known to the Authority via email at your earliest convenience to discuss your options. In these circumstances, the applicant will be given priority for registration.
For all businesses in operation prior to 26 October 2015, the registration documents must have been submitted to the Authority by 26 April 2016 at the latest.
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