Entitlement to seek a check at this level depends on whether a particular position is (a) exempted from the provisions of the Rehabilitation of Offenders Act 1974 and (b) is a position which, in relation to volunteers working with adults at risk, meets the criteria specified within regulations 9 and 10 of the Police Act 1997(Criminal Records) (Scotland) Regulations 2006(SSI 2006/96). Following audit compliance work by Disclosure Scotland, it has come to light that some voluntary and charitable sector positions fall outwith the criteria set out in current legislation.