Disclosure (Scotland) Act 2020

61 Fees

(1) The Scottish Ministers may by regulations make provision for the charging of fees in respect of the exercise of their functions under this Part.

(2) Regulations under this section may in particular provide for the charging of fees for or in connection with—

(a) an application for a Level 1 disclosure,

(b) an application for a Level 2 disclosure,

(c) an application for registration in the register of accredited bodies and registration in the register,

(d) an application nominating the lead signatory or a countersignatory of an accredited body,

(e) the notification of any changes relating to the prescribed details of an accredited body’s lead signatory or countersignatory,

(f) the provision of any documentation confirming the authenticity of a certificate provided in response to an application for a Level 1 disclosure,

(g) a Level 1 review application,

(h) a Level 2 review application,

(i) verifying the identity of an applicant of a disclosure request.

(3) Regulations may in particular provide for—

(a) different fees in different circumstances,

(b) reduction, waiver or refund of fees,

(c) the manner in which fees are to be paid.

(4) The provision which may be made by virtue of subsection (2)(c) includes in particular provision for—

(a) annual or other recurring fees in respect of—

(i) registration in the register of accredited bodies,

(ii) the nomination of the lead signatory or a countersignatory of an accredited body,

(b) such annual or other recurring fees to be paid in advance or in arrears.

(5) Where regulations provide for a fee to be charged in respect of any application, the Scottish Ministers need not consider the application unless the fee is paid in the manner provided for in the regulations.