Coronavirus Act 2020

Disclosure: Scotland

34 Temporary disapplication of disclosure offences: Scotland

(1) The Scottish Ministers may issue a direction that disapplies or modifies—

(a) section 35 of the 2007 Act (organisations not to use barred individuals for regulated work);

(b) section 36 of the 2007 Act (personnel suppliers not to supply barred individuals for regulated work).

(2) In this section and section 35, “the 2007 Act” means the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14).

(3) A direction under subsection (1)—

(a) may be of general application or specify particular persons or descriptions of persons to whom the direction applies;

(b) may be framed by reference to particular kinds of regulated work with children or protected adults (within the meaning of section 91 of the 2007 Act);

(c) may be framed by reference to any other matters the Scottish Ministers consider appropriate;

(d) may make different provision for different purposes;

(e) may make such other provision as the Scottish Ministers consider appropriate in connection with the giving of the direction.

(4) The Scottish Ministers must publish a direction under subsection (1).

(5) A direction under subsection (1) has effect—

(a) for the period specified in the direction, or

(b) until revoked by a further direction under that subsection.

35 Power to reclassify certain disclosure requests: Scotland

(1) Where the Scottish Ministers receive a disclosure request under—

(a) section 52 of the 2007 Act for a scheme record, or

(b) section 53 of the 2007 Act for a short scheme record,

they may treat it as a disclosure request for a statement of scheme membership under section 54 of the 2007 Act.

(2) Where the fee for a disclosure request for a statement of scheme membership is lower than the fee for a disclosure request for a scheme record or for a short scheme record, the Scottish Ministers must refund the difference in the fees to the applicant.