Protection of Vulnerable Groups (Scotland) Act 2007

Part 1 S The lists

Duty to keep lists S

1 Duty of Scottish Ministers to keep lists S

(1) Ministers must keep—

(a) the children's list, and

(b) the adults' list.

(2) An individual may be listed in—

(a) the children's list,

(b) the adults' list, or

(c) both lists,

only in accordance with this Part.

(3) In this Act, “listed”, in relation to an individual, means included in the children's list or, as the case may be, the adults' list, and references to listing an individual are to be construed accordingly.

Commencement Information

I1 S. 1 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

Referrals S

2 Referral ground S

The referral ground—

[F1 (a) in relation to an individual who is or has been carrying out (or has been offered or supplied for) a regulated role with children, is that the individual has, whether or not in the course of the individual carrying out that role—]

(i) harmed a child,

(ii) placed a child at risk of harm,

(iii) engaged in inappropriate conduct involving pornography,

(iv) engaged in inappropriate conduct of a sexual nature involving a child, or

(v) given inappropriate medical treatment to a child,

[F2 (b) in relation to an individual who is or has been carrying out (or has been offered or supplied for) a regulated role with adults, is that the individual has, whether or not in the course of the individual carrying out that role—]

(i) harmed a protected adult,

(ii) placed a protected adult at risk of harm,

(iii) engaged in inappropriate conduct involving pornography,

(iv) engaged in inappropriate conduct of a sexual nature involving a protected adult, or

(v) given inappropriate medical treatment to a protected adult.

Textual Amendments

F1 Words in s. 2(a) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(2)(a) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F2 Words in s. 2(b) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(2)(b) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

Commencement Information

I2 S. 2 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

3 Reference following disciplinary action etc. S

(1) An organisation must give Ministers any prescribed information which it holds in relation to an individual who is or has been [F3 carrying out a regulated role] if—

(a) it has, on the referral ground—

(i) dismissed the individual, or

(ii) transferred the individual to a position which does not involve that type of regulated [F4 role], or

(b) it would or might have dismissed or so transferred the individual on the referral ground if the individual had not—

(i) otherwise stopped [F5 carrying out the regulated role], or

(ii) been working for the organisation for a fixed term.

(2) An organisation must give Ministers any prescribed information which it holds in relation to an individual who has been [F6 carrying out a regulated role] if—

(a) the individual stops [F7 carrying out the regulated role] in circumstances not falling within subsection (1),

(b) the organisation subsequently becomes aware of information which it was unaware of when the individual stopped [F8 carrying out the regulated role], and

(c) the organisation considers that, if—

(i) it had been aware of that information at that time, and

(ii) the individual had not stopped [F9 carrying out the regulated role],

it would or might have dismissed the individual on the referral ground.

(3) In subsections (1) and (2)—

(a) an individual suspended from [F10 a regulated role is not to be treated as having stopped carrying out that role,]

(b) the duty to give Ministers information in relation to the temporary transfer of an individual to another position applies only if the organisation subsequently makes a final decision not to permit the individual to resume the type of regulated [F11 role] from which the individual was transferred.

(4) This section does not apply to personnel suppliers (see sections 4 and 5).

Textual Amendments

F3 Words in s. 3(1) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(3)(a)(i) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F4 Word in s. 3(1)(a)(ii) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(3)(a)(ii) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F5 Words in s. 3(1)(b)(i) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(3)(a)(iii) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F6 Words in s. 3(2) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(3)(b)(i) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F7 Words in s. 3(2)(a) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(3)(b)(ii) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F8 Words in s. 3(2)(b) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(3)(b)(iii) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F9 Words in s. 3(2)(c)(ii) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(3)(b)(iv) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F10 Words in s. 3(3)(a) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(3)(c)(i) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F11 Word in s. 3(3)(b) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(3)(c)(ii) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

Commencement Information

I3 S. 3(1)(2) in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.

I4 S. 3(1)(2) in force at 28.2.2011 in so far as not already in force by S.S.I. 2011/157, art. 2(a)

I5 S. 3(3)(4) in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

4 Reference by employment agency S

A personnel supplier which carries on an employment agency must give Ministers any prescribed information which it holds in relation to an individual who is or has been [F12 carrying out a regulated role] if it has, on the referral ground, decided—

(a) not to do any further business with the individual, or

(b) not to—

(i) find the individual [F13 another regulated role], or

(ii) offer or supply the individual for [F14 another regulated role].

Textual Amendments

F12 Words in s. 4 substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(4)(a) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F13 Words in s. 4(b)(i) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(4)(b) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F14 Words in s. 4(b)(ii) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(4)(c) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

Commencement Information

I6 S. 4 in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.

I7 S. 4 in force at 28.2.2011 in so far as not already in force by S.S.I. 2011/157, art. 2(a)

5 Reference by employment business S

A personnel supplier which carries on an employment business must give Ministers any prescribed information which it holds in relation to an individual whom it has offered or supplied for [F15 a regulated role] if—

(a) it has dismissed the individual on the referral ground,

(b) the individual has otherwise stopped [F16 carrying out the regulated role] in circumstances in which it would or might have dismissed the individual on the referral ground if the individual had not so stopped, or

(c) it has, on the referral ground, decided not to offer or supply the individual for [F17 another regulated role].

Textual Amendments

F15 Words in s. 5 substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(5)(a) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F16 Words in s. 5(b) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(5)(b) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F17 Words in s. 5(c) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(5)(c) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

Commencement Information

I8 S. 5 in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.

I9 S. 5 in force at 28.2.2011 in so far as not already in force by S.S.I. 2011/157, art. 2(a)

6 Reference relating to matters occurring before provisions come into force S

(1) The duties in sections 3 to 5 do not apply where the individual stopped [F18 carrying out the regulated role] (or, as the case may be, the organisation's opinion was formed) before the date on which the provisions imposing the duties come into force.

(2) But an organisation may give Ministers any prescribed information which it holds in relation to such an individual if it wishes to do so.

Textual Amendments

F18 Words in s. 6(1) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(6) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

Commencement Information

I10 S. 6(1) in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

I11 S. 6(2) in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.

I12 S. 6(2) in force at 28.2.2011 in so far as not already in force by S.S.I. 2011/157, art. 2(a)

[F19 6A Reference by chief constable S

The chief constable must give Ministers any prescribed information that the chief constable holds in relation to an individual whom the chief constable considers is or has been carrying out a type of regulated role while not participating in the Scheme in relation to that type of regulated role.]

Textual Amendments

F19 S. 6A inserted (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), ss. 80(2), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.

7 Reference by court S

(1) Where a court convicts an individual of a relevant offence, it must give Ministers any prescribed information that it holds in relation to the convicted individual.

(2) Subsection (3) applies where a court—

(a) convicts an individual of an offence (other than a relevant offence), and

(b) is satisfied that it may be appropriate for the individual to be listed in the children's list or in the adults' list (or in both lists).

(3) Where this subsection applies, the court may give Ministers any prescribed information that the court holds in relation to the convicted individual.

(4) This section applies in relation to offences committed before and after this section comes into force.

Commencement Information

I13 S. 7(1)(3) in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.

I14 S. 7(1)(3) in force at 28.2.2011 in so far as not already in force by S.S.I. 2011/157, art. 2(a)

I15 S. 7(2)(4) in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

8 Reference by certain other persons S

(1) A person to whom this section applies may give Ministers any prescribed information that the person holds in relation to an individual who is or has been [F20 carrying out a regulated role] if—

(a) on the basis of information obtained by the person in the exercise of relevant functions, the person considers that the referral ground is met (regardless of whether the conduct to which the information relates occurred before or after this section comes into force), and

(b) prescribed information in relation to the individual has not been given to Ministers under sections 3 to 6 in respect of the conduct to which the information relates.

(2) This section applies to—

• [F21 Councils]

• The General Teaching Council for Scotland

• [F22 Healthcare Improvement Scotland]

• [F23 An integration joint board established by order under section 9 of the Public Bodies (Joint Working) (Scotland) Act 2014]

• The Registrar of Chiropractors

• The registrar of dentists and dental care professionals

• The registrar of the General Medical Council

• The registrar of the General Optical Council

• The Registrar of health professionals

• The Registrar of nurses and midwives

• The Registrar of Osteopaths

• [F24 The registrar of pharmacists ]

• F25 ...

• The Scottish Social Services Council

• [F26 Social Care and Social Work Improvement Scotland ]

• Any other person specified in an order made by Ministers

(3) For the purposes of this section, “relevant functions” means—

[F27 (za) in relation to a council or an integration joint board mentioned in subsection (2), such functions as are conferred on either of them by the Social Work (Scotland) Act 1968, the Children (Scotland) Act 1995, the Adults with Incapacity (Scotland) Act 2000, the Adult Support and Protection (Scotland) Act 2007 or the Children and Young People (Scotland) Act 2014,]

(a) in relation to the General Teaching Council for Scotland, such functions as are conferred on it by virtue of the [F28 Public Services Reform (General Teaching Council for Scotland) Order 2011],

[F29 ( aa) in relation to Healthcare Improvement Scotland, such functions as are conferred on it by virtue of the National Health Service (Scotland) Act 1978 (c. 29) and any other enactment,]

(b) in relation to registrars mentioned in subsection (2), such functions as are conferred on them by virtue of any enactment,

(c) in relation to F30 ... the Scottish Social Services Council, such functions as are conferred on [F31 it ] by virtue of the 2001 Act and any other enactment, F32 ...

[F33 (ca) in relation to Social Care and Social Work Improvement Scotland, such functions as are conferred on it by virtue of the 2010 Act and any other enactment, and]

(d) in relation to a person specified in an order made under subsection (2), such functions as are specified by the order.

Textual Amendments

F20 Words in s. 8(1) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(7) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F21 Words in s. 8(2) inserted (30.9.2024) by Disclosure (Scotland) Act 2020 (asp 13), ss. 82(2)(a), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch.

F22 Words in s. 8(2) inserted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 17 para. 36(a)(i); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.

F23 Words in s. 8(2) inserted (30.9.2024) by Disclosure (Scotland) Act 2020 (asp 13), ss. 82(2)(b), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch.

F24 Words in s. 8(2) substituted (27.9.2010) by The Pharmacy Order 2010 (S.I. 2010/231), art. 1(5), Sch. 4 para. 16(a); S.I. 2010/1621, art. 2(1), Sch.

F25 S. 8(2) entry repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 28(a)(i); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.

F26 Words in s. 8(2) inserted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 28(a)(ii); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.

F27 S. 8(3)(za) inserted (30.9.2024) by Disclosure (Scotland) Act 2020 (asp 13), ss. 82(3), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch.

F28 Words in s. 8(3)(a) substituted (2.4.2012) by The Public Services Reform (General Teaching Council for Scotland) Order 2011 (S.S.I. 2011/215), Sch. 6 para. 2(2)

F29 S. 8(3)(aa) inserted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 17 para. 36(a)(ii); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.

F30 Words in s. 8(3)(c) repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 28(b)(i); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.

F31 Word in s. 8(3)(c) substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 28(b)(ii); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.

F32 Word in s. 8(3) repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 28(b)(iii); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.

F33 S. 8(3)(ca) inserted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 28(b)(iv); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.

Commencement Information

I16 S. 8(1)(2) in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.

I17 S. 8(1)(2) in force at 28.2.2011 in so far as not already in force by S.S.I. 2011/157, art. 2(a)

I18 S. 8(3)(a)-(c) in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

I19 S. 8(3)(d) in force at 12.10.2010 by S.S.I. 2010/344, art. 2(a)(i)

9 Failure to refer: offence S

An organisation which fails, without reasonable excuse, to comply with a duty imposed by any of sections 3 to 5 within 3 months of the date on which the duty arose is guilty of an offence and liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both,

(b) on a conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine, or to both.

Commencement Information

I20 S. 9 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

Consideration whether to list S

10 Consideration whether to list: organisational referrals etc. S

(1) This section applies

(a) [F34 where—]

[F35 (i)] prescribed information relating to an individual has been given to Ministers in pursuance of sections 3 to 6 or 8, and

[F35 (ii)] they are satisfied that the information was not given for vexatious or frivolous purposes [F36 , or

[F37 (aa) where prescribed information relating to an individual has been given to Ministers in pursuance of section 6A, or]

(b) where information relating to an individual has been given to Ministers by the [F38 Disclosure and Barring Service]].

(2) Where Ministers are satisfied that the information indicates that it may be appropriate for the individual to be included in the children's list, they must consider listing the individual in that list.

(3) Where Ministers are satisfied that the information indicates that it may be appropriate for the individual to be included in the adults' list, they must consider listing the individual in that list.

(4) For the avoidance of doubt, subsections (2) and (3) apply in relation to an individual regardless of the type of regulated [F39 role (if any) which the individual is or has been carrying out.]

Textual Amendments

F34 Words in s. 10(1)(a) renumbered as s. 10(1)(a) (18.4.2010 for specified purposes, coming into force in accordance with art. 1(2)), arts. 1(2), 4(2)(a)

F35 S. 10(1)(a)(b) renumbered as s. 10(1)(a)(i)(ii) (18.4.2010 for specified purposes, coming into force in accordance with art. 1(2)) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010 (S.S.I. 2010/446), arts. 1(2), 4(2)(a)

F36 S. 10(1)(b) and word inserted (18.4.2010 for specified purposes, coming into force in accordance with art. 1(2)) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010 (S.S.I. 2010/446), arts. 1(2), 4(2)(b)

F37 S. 10(1)(aa) inserted (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), ss. 80(3), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.

F38 Words in s. 10(1)(b) substituted (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 12(2) (with s. 96); S.S.I. 2021/380, reg. 2, sch.

F39 Words in s. 10(4) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(8) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

Commencement Information

I21 S. 10 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

11 Consideration whether to list: court referrals S

(1) This section applies where prescribed information relating to an individual has been given to Ministers in pursuance of section 7.

(2) Where the individual has been convicted of a relevant offence, Ministers must consider listing the individual in the children's list.

(3) In any other case, Ministers must consider listing the individual in the children's list where they are satisfied that—

(a) the information indicates that it may be appropriate for the individual to be included in that list, and

(b) the individual does, has done or is likely to do regulated work with children.

(4) Ministers must consider listing the individual in the adults' list where they are satisfied that—

(a) the information indicates that it may be appropriate for the individual to be included in that list, and

(b) the individual does, has done or is likely to do regulated work with adults.

Commencement Information

I22 S. 11 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

12 Consideration whether to list: vetting information etc. S

(1) Ministers must consider listing an individual in the children's list if they are satisfied that—

(a) either—

(i) vetting information about the individual, or

(ii) information received when considering whether to list the individual in the adults' list,

indicates that it may be appropriate for the individual to be included in the children's list, and

(b) the individual does, has done or is likely to [F40 carry out a regulated role] with children.

(2) Ministers must consider listing an individual in the adults' list if they are satisfied that—

(a) either—

(i) vetting information about the individual, or

(ii) information received when considering whether to list the individual in the children's list,

indicates that it may be appropriate for the individual to be included in the adults' list, and

(b) the individual does, has done or is likely to [F41 carry out a regulated role] with adults.

Textual Amendments

F40 Words in s. 12(1)(b) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(9) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F41 Words in s. 12(2)(b) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(9) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

Commencement Information

I23 S. 12 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

13 Consideration whether to list: inquiries S

(1) This section applies where—

(a) a relevant inquiry report names an individual who is or has been [F42 carrying out a regulated role], and

(b) it appears to Ministers from the report that the person who held the inquiry found that the referral ground was met at a time when the individual was [F43 carrying out a regulated role] (whether that time was before or after this section comes into force).

(2) Where it appears to Ministers from the report that it may be appropriate for the individual to be included in the children's list, they may consider listing the individual in the children's list.

(3) Where it appears to Ministers from the report that it may be appropriate for the individual to be included in the adults' list, they may consider listing the individual in the adults' list.

(4) For the avoidance of doubt, subsections (2) and (3) apply in relation to an individual regardless of the type of regulated [F44 role which the individual was carrying out].

Textual Amendments

F42 Words in s. 13(1)(a) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(10)(a) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F43 Words in s. 13(1)(b) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(10)(a) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F44 Words in s. 13(4) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(10)(b) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

Modifications etc. (not altering text)

C1 S. 13 extended (28.2.2011) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Savings and Transitional Provisions) Order 2010 (S.S.I. 2010/180), arts. 1, 5

Commencement Information

I24 S. 13 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

Inclusion in list S

14 Automatic listing S

(1) Ministers must list an individual in the children's list where it appears to them that any of the criteria specified for the purposes of this subsection is satisfied in relation to the individual.

(2) Ministers must list an individual in the adults' list where it appears to them that any of the criteria specified for the purposes of this subsection is satisfied in relation to the individual.

(3) It is for Ministers to specify by order criteria for the purposes of subsections (1) and (2).

(4) Criteria which may be so specified include—

(a) that an individual has been convicted of, or cautioned in relation to, an offence of a specified description, including offences under—

(i) the law of England, Wales, Northern Ireland, the Channel Islands or the Isle of Man,

(ii) section 70 of the Army Act 1955 (c. 18),

(iii) section 70 of the Air Force Act 1955 (c. 19),

(iv) section 42 of the Naval Discipline Act 1957 (c. 53),

(v) section 42 of the Armed Forces Act 2006 (c. 52),

(b) that an order of a specified description imposing requirements about an individual's conduct has been made.

Commencement Information

I25 S. 14(1)(2) in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

I26 S. 14(3)(4) in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.

I27 S. 14(3)(4) in force at 28.2.2011 in so far as not already in force by S.S.I. 2011/157, art. 2(a)

15 Inclusion in children's list after consideration S

Ministers must list an individual in the children's list if, after considering whether to do so, they are satisfied by information relating to the individual's conduct that the individual is unsuitable to [F45 carry out regulated roles] with children.

Textual Amendments

F45 Words in s. 15 substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(11) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

Commencement Information

I28 S. 15 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

16 Inclusion in adults' list after consideration S

Ministers must list an individual in the adults' list if, after considering whether to do so, they are satisfied by information relating to the individual's conduct that the individual is unsuitable to [F46 carry out regulated roles with] adults.

Textual Amendments

F46 Words in s. 16 substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(12) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

Commencement Information

I29 S. 16 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

Information relevant to listing decisions S

17 Information relevant to listing decisions S

(1) Ministers must, before making a decision under section 15 or 16—

(a) give the individual whom they are considering whether to list an opportunity to make representations as to why the individual should not be listed, and

(b) consider any such representations.

(2) Ministers may, when deciding whether to list an individual, also consider—

(a) any information which caused them to consider listing the individual,

(b) any information relating to the individual which they obtain—

(i) in pursuance of a requirement made under any of sections 18 to 20, or

(ii) by performing their functions in relation to the Scheme, and

(c) any other information which they think relevant.

(3) An individual who is given an opportunity to make representations under subsection (1) must be given the opportunity to make representations in relation to all of the information on which Ministers intend to rely in deciding whether to list the individual.

(4) The opportunity to make representations under subsection (1) does not include the opportunity to make representations that any relevant finding of fact was wrongly made.

(5) A relevant finding of fact is a finding of fact—

(a) made in legal proceedings,

(b) made in a relevant inquiry report (other than a report relating to an inquiry of the type mentioned in sub-paragraph (ii) of section 31(2)(a)),

(c) made in proceedings before one of the following bodies or any of its committees—

(i) [F47 the General Pharmaceutical Council],

(ii) the General Chiropractic Council,

(iii) the General Dental Council,

(iv) the General Medical Council,

(v) the General Optical Council,

(vi) the General Osteopathic Council,

(vii) the General Teaching Council for Scotland,

(viii) [F48 the Health and Care Professions Council ],

(ix) the Nursing and Midwifery Council,

F49 (x) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xi) the Scottish Social Services Council, F50 ...

[F51 (xii) Social Care and Social Work Improvement Scotland, or]

(d) made by any other person, or in any other circumstance, specified by order made by Ministers.

(6) Subsections (1) and (3) do not apply if Ministers do not know and cannot reasonably ascertain the individual's whereabouts.

Textual Amendments

F47 Words in s. 17(5)(c)(i) substituted (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 12(3) (with s. 96); S.S.I. 2021/380, reg. 2, sch.

F48 Words in s. 17(5)(c)(viii) substituted (1.8.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 56(f); S.I. 2012/1319, art. 2(4)

F49 S. 17(5)(c)(x) repealed (1.10.2010 for specified purposes) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 29(a); S.S.I. 2010/321, art. 3, Sch.

F50 Word in s. 17(5)(c) repealed (1.10.2010 for specified purposes) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 29(b); S.S.I. 2010/321, art. 3, Sch.

F51 S. 17(5)(c)(xii) added (1.10.2010 for specified purposes) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 29(c); S.S.I. 2010/321, art. 3, Sch.

Commencement Information

I30 S. 17(1)-(4)(5)(a)-(c)(6) in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

I31 S. 17(5)(d) in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.

I32 S. 17(5)(d) in force at 28.2.2011 in so far as not already in force by S.S.I. 2011/157, art. 2(a)

18 Police information etc. S

(1) Ministers may, for the purpose of enabling or assisting them to decide whether to list an individual, require the chief constable F52 ... to provide them with any information relating to the individual which the chief constable F53 ... thinks might be relevant in relation to the type of regulated [F54 role] concerned.

(2) [F55 The chief constable] must not provide information to Ministers under subsection (1) if the [F56 chief constable ] thinks that disclosing it to the individual to whom it relates would be contrary to the interests of the prevention or detection of crime.

(3) Ministers must pay the [F57 Scottish Police Authority ] such fee as Ministers think appropriate for information provided under subsection (1).

(4) Ministers may, for the purpose of enabling or assisting them to decide whether to list an individual, require—

(a) any person who holds records of convictions, cautions or other information for the use of police forces generally to provide them with any information relating to the individual which the record holder thinks might be relevant in relation to the type of regulated [F58 role] concerned,

[F59 (b) any person who holds central records to provide them with the prescribed details of every relevant matter relating to the individual that is recorded [F60 in] those records.]

[F61 (5) In subsection (4)(b)—

• “central records” has the meaning given in section 69 of the Disclosure (Scotland) Act 2020,

• “relevant matter” means—

  (a)

  a conviction that is not a non-disclosable conviction within the meaning of section 9 of the Disclosure (Scotland) Act 2020,

  (aa)

  [F62 a conviction that is not a non-disclosable children’s hearing outcome within the meaning of section 10 of that Act,]

  (b)

  a caution within the meaning given in section 69 of that Act that is not spent by virtue of schedule 3 of the Rehabilitation of Offenders Act 1974, and

  (c)

  a prescribed civil court order.]

Textual Amendments

F52 Words in s. 18(1) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 36(2)(a)(i); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F53 Words in s. 18(1) repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 36(2)(a)(ii); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F54 Word in s. 18(1) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(13) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F55 Words in s. 18(2) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 36(2)(b)(i); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F56 Words in s. 18(2) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 36(2)(b)(ii); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F57 Words in s. 18(3) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 36(2)(c); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F58 Word in s. 18(4)(a) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(13) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F59 S. 18(4)(b) substituted (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 5(2)(a) (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.

F60 Word in s. 18(4)(b) inserted (1.4.2025) by The Disclosure (Scotland) Act 2020 (Incidental, Supplementary and Consequential Provision) Regulations 2025 (S.S.I. 2025/74), reg. 1(1), sch. 1 para. 2(2)(a); S.S.I. 2025/27, reg. 3, sch.

F61 S. 18(5) inserted (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 5(2)(b) (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.

F62 Words in s. 18(5) inserted (1.4.2025) by The Disclosure (Scotland) Act 2020 (Incidental, Supplementary and Consequential Provision) Regulations 2025 (S.S.I. 2025/74), reg. 1(1), sch. 1 para. 2(2)(b); S.S.I. 2025/27, reg. 3, sch.

Commencement Information

I33 S. 18 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

19 Information held by public bodies etc. S

(1) Ministers may, for the purpose of enabling or assisting Ministers to decide whether to list an individual, require—

(a) any person who holds vetting information of a type prescribed under section 49(1)(d) to provide them with any such vetting information relating to the individual,

(b) any of the persons set out in subsection (3) to provide them with any information held by the person which Ministers think might be relevant.

(2) Information provided under subsection (1)(b) may, in particular, be information which relates to—

(a) the regulated [F63 role] concerned, or

(b) the protection of children or protected adults in general, or of any child or protected adult in particular.

(3) The persons who may be required to provide information under subsection (1)(b) are—

• Councils

• The General Teaching Council for Scotland

• Health Boards and Special Health Boards

• [F64 An integration joint board established by order under section 9 of the Public Bodies (Joint Working) (Scotland) Act 2014]

• [F65 Healthcare Improvement Scotland ]

• Her Majesty's Chief Inspector of Prisons for Scotland

• Her Majesty's Inspectors of Schools

• The Registrar of Chiropractors

• The registrar of dentists and dental care professionals

• The registrar of the General Medical Council

• The registrar of the General Optical Council

• The Registrar of health professionals

• The Registrar of Independent Schools in Scotland

• The Registrar of nurses and midwives

• The Registrar of Osteopaths

• [F66 The registrar of pharmacists ]

• F67 ...

• The Scottish Social Services Council

• [F68 Social Care and Social Work Improvement Scotland ]

• F69 ...

• Any other person specified in an order made by Ministers

Textual Amendments

F63 Word in s. 19(2)(a) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(14) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F64 Words in s. 19(3) inserted (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 12(4) (with s. 96); S.S.I. 2021/380, reg. 2, sch.

F65 Words in s. 19(3) inserted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 17 para. 36(b); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.

F66 Words in s. 19(3) substituted (27.9.2010) by The Pharmacy Order 2010 (S.I. 2010/231), art. 1(5), Sch. 4 para. 16(b); S.I. 2010/1621, art. 2(1), Sch.

F67 S. 19(3) entry repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 30(a); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.

F68 Words in s. 19(3) inserted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 30(b); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.

F69 S. 19(3) entry repealed (1.4.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011 (S.S.I. 2011/211), art. 1, Sch. 1 para. 19(a)

Commencement Information

I34 S. 19(1)(2) in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

I35 S. 19(3) in force at 12.10.2010 by S.S.I. 2010/344, art. 2(a)(ii)

20 [F70 Information held by providers of regulated roles] S

(1) Ministers may require a person falling within subsection (2) to provide them with any information held by the person which Ministers think might be relevant for the purpose of enabling or assisting them to decide whether to list an individual.

(2) A person falls within this subsection if—

(a) the individual is [F71 carrying out, or has carried out, a regulated role] for the person,

(b) the individual has been offered [F72 a regulated role by the person (whether or not the individual subsequently carried out the role),]

(c) it is an employment agency which has offered or supplied, or made arrangements with a view to offering or supplying, the individual to another person for [F73 a regulated role] (whether or not the arrangements are still in place), or

(d) it is an employment business which employs or has employed the individual to [F74 carry out a regulated role] for another person.

(3) A person who fails, without reasonable excuse, to comply with a requirement made under subsection (1) is guilty of an offence and liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.

Textual Amendments

F70 S. 20 title substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(15)(b) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F71 Words in s. 20(2)(a) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(15)(a)(i) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F72 Words in s. 20(2)(b) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(15)(a)(ii) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F73 Words in s. 20(2)(c) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(15)(a)(iii) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F74 Words in s. 20(2)(d) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(15)(a)(iv) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

Commencement Information

I36 S. 20 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

Appeals against listing S

21 Appeals against inclusion in children's list S

(1) An individual listed under section 15 may appeal to the sheriff against Ministers' decision to list the individual in the children's list.

(2) Such an appeal must be lodged—

(a) within 3 months of the date on which the individual was listed, or

(b) by such later date as the sheriff may, on cause shown, allow.

(3) The sheriff must determine an appeal under subsection (1)—

(a) where the sheriff is satisfied by information relating to the individual's conduct that the individual is unsuitable to [F75 carry out regulated roles] with children, by confirming Ministers' decision to list the individual in the children's list, or

(b) where the sheriff is not so satisfied, by directing Ministers to remove the individual from the children's list.

Textual Amendments

F75 Words in s. 21(3)(a) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(16) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

Commencement Information

I37 S. 21 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

22 Appeals against inclusion in adults' list S

(1) An individual listed under section 16 may appeal to the sheriff against Ministers' decision to list the individual in the adults' list.

(2) Such an appeal must be lodged—

(a) within 3 months of the date on which the individual was listed, or

(b) by such later date as the sheriff may, on cause shown, allow.

(3) The sheriff must determine an appeal under subsection (1)—

(a) where the sheriff is satisfied by information relating to the individual's conduct that the individual is unsuitable to [F76 carry out regulated roles with] adults, by confirming Ministers' decision to list the individual in the adults' list, or

(b) where the sheriff is not so satisfied, by directing Ministers to remove the individual from the adults' list.

Textual Amendments

F76 Words in s. 22(3)(a) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(17) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

Commencement Information

I38 S. 22 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

23 Further appeals in relation to inclusion in either list S

(1) The sheriff's determination under section 21 or 22 may be appealed to the sheriff principal by—

(a) the individual, or

(b) Ministers.

(2) The sheriff principal's determination of an appeal under subsection (1) may, with the leave of the sheriff principal, be appealed to the Inner House of the Court of Session on a point of law by—

(a) the individual, or

(b) Ministers.

(3) The decision of—

(a) the sheriff principal, or

(b) if leave is granted to appeal to the Inner House, that House,

on any appeal is final.

Commencement Information

I39 S. 23 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

24 Appeals in relation to listing: supplementary S

(1) No finding of fact on which any conviction is based may be challenged on an appeal under section 21, 22 or 23.

(2) Any court proceedings under section 21, 22 or 23 may take place in private if the court considers it appropriate in all the circumstances.

Commencement Information

I40 S. 24 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

Removal from list S

25 Application for removal from list S

(1) A listed individual may apply to Ministers for removal from—

(a) the children's list, or

(b) the adults' list.

(2) References in this section to “the list” are to be read as references to the list from which the individual has applied for removal.

(3) An application for removal from the list is competent only if—

(a) it is made after the end of such period as may be prescribed (beginning on such date as may be prescribed), or

[F77 (b) Ministers are satisfied that there has been a relevant change in the applicant's circumstances since the applicant—

(i) was listed, or

(ii) last made an application for removal from the list under this section.]

(4) A period may not be prescribed under subsection (3)(a) in relation to a particular individual.

[F78 (4A) For the purposes of subsection (3)(b), a change in the applicant's circumstances is relevant if it is relevant to the question whether the applicant is no longer unsuitable to carry out regulated roles with children or, as the case may be, regulated roles with adults.]

F79 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F79 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F77 S. 25(3)(b) substituted (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), ss. 83(2), 97 (with s. 96); S.S.I. 2021/380, reg. 2, sch.

F78 S. 25(4A) inserted (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), ss. 83(3), 97 (with s. 96); S.S.I. 2021/380, reg. 2, sch. (with reg. 4)

F79 S. 25(5)(6) repealed (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), ss. 83(4), 97 (with s. 96); S.S.I. 2021/380, reg. 2, sch.

Commencement Information

I41 S. 25(1) (2) (3)(b) s. 25(4)-(6) in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

I42 S. 25(3)(a) in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.

I43 S. 25(3)(a) in force at 28.2.2011 in so far as not already in force by S.S.I. 2011/157, art. 2(a)

26 Determination of application for removal from list S

(1) Ministers must determine a competent application for removal from the children's list—

(a) where they are satisfied that the applicant is no longer unsuitable to [F80 carry out regulated roles] with children, by removing the individual from the list, or

(b) where they are not so satisfied, by refusing the application.

(2) Ministers must determine a competent application for removal from the adults' list—

(a) where they are satisfied that the applicant is no longer unsuitable to [F81 carry out regulated roles with] adults, by removing the individual from the list, or

(b) where they are not so satisfied, by refusing the application.

F82 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F80 Words in s. 26(1)(a) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(18)(a) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F81 Words in s. 26(2)(a) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(18)(b) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F82 S. 26(3) repealed (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), ss. 85(2), 97 (with s. 96); S.S.I. 2021/380, reg. 2, sch.

Commencement Information

I44 S. 26 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

27 Appeals against refusal to remove individual from list S

(1) An individual may appeal to the sheriff against Ministers' decision to refuse an application for removal from the list under section 26.

(2) The sheriff must determine an appeal under subsection (1) in relation to removal from the children's list—

(a) where the sheriff is satisfied that the applicant is no longer unsuitable to [F83 carry out regulated roles] with children, by directing Ministers to remove the individual from the list, or

(b) where the sheriff is not so satisfied, by refusing the application.

(3) The sheriff must determine an appeal under subsection (1) in relation to removal from the adults' list—

(a) where the sheriff is satisfied that the applicant is no longer unsuitable to [F84 carry out regulated roles with] adults, by directing Ministers to remove the individual from the list, or

(b) where the sheriff is not so satisfied, by refusing the application.

(4) The sheriff's determination may be appealed to the sheriff principal by—

(a) the individual, or

(b) Ministers.

(5) The sheriff principal's determination of an appeal under subsection (4) may, with the leave of the sheriff principal, be appealed to the Inner House of the Court of Session on a point of law by—

(a) the individual, or

(b) Ministers.

(6) The Inner House may, in determining an appeal under subsection (5), by order modify the period prescribed for the purposes of section 25(3) in so far as that period is to apply to any further application by the individual concerned for removal from the children's list or, as the case may be, the adults' list.

(7) The decision of—

(a) the sheriff principal, or

(b) if leave is granted to appeal to the Inner House, that House,

on any appeal is final.

(8) Any court proceedings under this section may take place in private if the court considers it appropriate in all the circumstances.

Textual Amendments

F83 Words in s. 27(2)(a) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(19)(a) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F84 Words in s. 27(3)(a) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(19)(b) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

Commencement Information

I45 S. 27 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

28 Late representations S

(1) This section applies where an individual listed under section 15 or 16—

(a) was not, because of section 17(6), given an opportunity to make representations as to why the individual should not be listed, and

(b) subsequently makes representations to Ministers as to why the individual should not have been listed.

[F85 (1A) This section also applies where an individual listed under section 15 or 16 (other than one mentioned in subsection (1))—

(a) seeks to make representations to Ministers as to why the individual should not have been listed, and

(b) Ministers consider that it is appropriate in all the circumstances to allow the representations to be made.]

(2) Where this section applies, Ministers must—

(a) consider the individual's representations, and

(b) if satisfied that the individual should not have been listed, remove the individual from the list.

Textual Amendments

F85 S. 28(1A) inserted (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), ss. 84(2), 97 (with s. 96); S.S.I. 2021/380, reg. 2, sch.

Commencement Information

I46 S. 28 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

29 Removal from list S

(1) Ministers—

(a) must remove an individual from the children's list or adults' list—

(i) if directed to do so by the court, or

(ii) where section 26 or 28 requires them to do so, and

(b) may, at any other time, remove an individual from the children's list or adults' list if.

[F86 (i)] they are satisfied that the individual should not have been listed[F87 , or

(ii) they are otherwise satisfied that the individual is no longer unsuitable to carry out regulated roles with children or, as the case may be, regulated roles with adults.]

(2) Where Ministers appeal against a direction to remove an individual from the children's list or adults' list, the duty imposed by subsection (1)(a) does not apply until that appeal is finally determined.

Textual Amendments

F86 Words in s. 29(1)(b)(i) in s. 29(1)(b) renumbered (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), ss. 84(3)(a), 97 (with s. 96); S.S.I. 2021/380, reg. 2, sch. (with reg. 4)

F87 S. 29(1)(b)(ii) and word inserted (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), ss. 84(3)(b), 97 (with s. 96); S.S.I. 2021/380, reg. 2, sch. (with reg. 4)

Commencement Information

I47 S. 29 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

[F88 Appeals and removals: information powers S

Textual Amendments

F88 S. 29A and cross-heading inserted (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), ss. 85(3), 97 (with s. 96); S.S.I. 2021/380, reg. 2, sch. (with reg. 4)

29A Appeals and removals: application of sections 18 to 20 S

(1) Sections 18 to 20 apply—

(a) for any of the purposes specified in subsection (2) as they apply for the purpose of enabling or assisting Ministers to decide whether to list an individual,

(b) with the modifications that are specified in subsection (2) in relation to the purpose.

(2) The purposes (and modifications) are—

(a) enabling or assisting Ministers to consider, in relation to an appeal under section 21, 22 or 23, whether an individual should have been listed (with references to deciding whether to list an individual being read as references to deciding whether the individual should have been listed),

(b) enabling or assisting Ministers to determine under section 26 an application for removal from the children's list or the adults' list (with references to deciding whether to list an individual being read as references to determining whether to remove an individual from the list),

(c) enabling or assisting Ministers to consider, in relation to an appeal under section 27, whether an application for removal from the children's list or the adults' list should have been refused under section 26 (with references to deciding whether to list an individual being read as references to deciding whether an application for removal from the list should have been refused),

(d) enabling or assisting Ministers to decide under section 28 or 29 whether to remove an individual from the children's list or the adults' list (with references to deciding whether to list an individual being read as references to deciding whether an individual should not have been listed or is no longer unsuitable to carry out regulated roles with children or, as the case may be, regulated roles with adults).”. Confirmation of PVG Scheme membership]

Listing: supplementary S

30 Notice of listing etc. S

(1) Subsection (2) applies where—

(a) an individual has been listed under section 14, 15 or 16,

(b) Ministers become aware that an individual has otherwise been barred from [F89 regulated roles] with children or adults, or

(c) Ministers are considering whether to list an individual by virtue of sections 10 to 13.

(2) Where this subsection applies, Ministers must notify the persons specified in subsection (3) of the fact—

(a) that the individual has been barred from [F90 regulated roles] with children or adults, or, as the case may be

(b) that they are considering whether to list the individual.

(3) Those persons are—

(a) the individual concerned,

(b) where—

(i) the individual has been barred from regulated [F91 roles] with children, or

(ii) Ministers are considering whether to list the individual in the children's list,

any organisation for which they know the individual is [F92 carrying out a regulated role] with children, [F93 and any personnel supplier whom they know has offered or supplied the scheme member to carry out a regulated role with children,]

(c) where—

(i) the individual has been barred from regulated [F94 roles] with adults, or

(ii) Ministers are considering whether to list the individual in the adults' list,

any organisation for which they know the individual is [F95 carrying out a regulated role] with adults, [F96 and any personnel supplier whom they know has offered or supplied the scheme member to carry out a regulated role with adults,] and

(d) any relevant regulatory body whom Ministers think it would be appropriate to notify of that fact.

[F97 (3A) Subsection (3B) applies where—

(a) Ministers are considering whether to list an individual by virtue of sections 10 to 13 or section 45B(7), and

(b) they know that the individual is carrying out a regulated role with children or, as the case may be, a regulated role with adults for a person other than an organisation.

(3B) Where this subsection applies, Ministers may notify the person—

(a) that they are considering whether to list the individual in the children's list or, as the case may be, in the adults' list, and

(b) of the details of any conditions that Ministers have imposed under section 13A(1) or, if no such conditions have been imposed, of that fact.”.

(3C) After considering whether to list an individual as mentioned in subsection (3A)(a), Ministers may notify their decision (whether to list the individual or not to do so) to any person other than an organisation for whom they know the individual is carrying out a regulated role with children or, as the case may be, a regulated role with adults.]

(4) Where, after considering whether to list an individual, Ministers decide not to do so, they must give notice of that fact to—

(a) the individual,

(b) where Ministers have decided not to include the individual in the children's list, any organisation for which they know the individual is [F98 carrying out a regulated role] with children [F99 and any personnel supplier whom they know has offered or supplied the scheme member to carry out a regulated role with children],

(c) where Ministers have decided not to include the individual in the adults' list, any organisation for which they know the individual is [F100 carrying out a regulated role] with adults [F101 and any personnel supplier whom they know has offered or supplied the scheme member to carry out a regulated role with adults], and

(d) any relevant regulatory body to whom Ministers gave notice under subsection (2) of the fact that they were considering whether to list the individual.

(5) A notice given under subsection (2) [F102 , (3B), (3C)] or (4) may include—

(a) such details as Ministers think appropriate—

(i) where the individual has been barred (by being listed or otherwise), about the circumstances in which the individual was barred,

(ii) where they have decided not to list an individual, about the circumstances in which the individual was considered for listing, and

(b) any other information about the individual which Ministers think appropriate.

(6) Where Ministers remove an individual from a list under section 29, they must give notice of that fact to—

(a) the individual, and

(b) any relevant regulatory body whom they think it would be appropriate to notify of that fact (having regard to the period for which the individual has been listed).

(7) The following persons are “relevant regulatory bodies”—

• The General Teaching Council for Scotland

• [F103 Healthcare Improvement Scotland ]

• F104 ...

• The Scottish Social Services Council

• [F105 Social Care and Social Work Improvement Scotland ]

• Any other person specified in an order made by Ministers

(8) A notice which this section requires to be given to an individual may be given—

(a) by delivering it to the individual,

(b) by leaving it at the individual's usual or last known place of abode, or

(c) by sending it by post to the individual at that place.

Textual Amendments

F89 Words in s. 30(1)(b) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(20)(b) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch. (as amended by S.S.I. 2025/73, regs. 1, 2(3)(d))

F90 Words in s. 30(2)(a) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(20)(b) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch. (as amended by S.S.I. 2025/73, regs. 1, 2(3)(d))

F91 Word in s. 30(3)(b)(i) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(20)(c)(i) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch. (as amended by S.S.I. 2025/73, regs. 1, 2(3)(d))

F92 Words in s. 30(3)(b) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(20)(c)(ii) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch. (as amended by S.S.I. 2025/73, regs. 1, 2(3)(d))

F93 Words in s. 30(3)(b) inserted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), ss. 77(2)(a), 97 (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F94 Word in s. 30(3)(c)(i) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(20)(d)(i) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch. (as amended by S.S.I. 2025/73, regs. 1, 2(3)(d))

F95 Words in s. 30(3)(c) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(20)(d)(ii) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch. (as amended by S.S.I. 2025/73, regs. 1, 2(3)(d))

F96 Words in s. 30(3)(c) inserted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), ss. 77(2)(b), 97 (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F97 S. 30(3A)-(3C) inserted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), ss. 77(3), 97 (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch. (with reg. 13) (as amended by S.S.I. 2025/73, regs. 1, 2(2)

F98 Words in s. 30(4)(b) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(20)(e) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch. (as amended by S.S.I. 2025/73, regs. 1, 2(3)(d))

F99 Words in s. 30(4)(b) inserted (1.4.2025) by The Disclosure (Scotland) Act 2020 (Incidental, Supplementary and Consequential Provision) Regulations 2025 (S.S.I. 2025/74), reg. 1(1), sch. 1 para. 2(3)(a); S.S.I. 2025/27, reg. 3, sch.

F100 Words in s. 30(4)(c) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(20)(e) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch. (as amended by S.S.I. 2025/73, regs. 1, 2(3)(d))

F101 Words in s. 30(4)(c) inserted (1.4.2025) by The Disclosure (Scotland) Act 2020 (Incidental, Supplementary and Consequential Provision) Regulations 2025 (S.S.I. 2025/74), reg. 1(1), sch. 1 para. 2(3)(b); S.S.I. 2025/27, reg. 3, sch.

F102 Words in s. 30(5) inserted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), ss. 77(4), 97 (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F103 Words in s. 30(7) inserted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 17 para. 36(c); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.

F104 S. 30(7) entry repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 31(a); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.

F105 Words in s. 30(7) inserted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 31(b); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.

Modifications etc. (not altering text)

C2 S. 30 modified (28.2.2011) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Savings and Transitional Provisions) Order 2010 (S.S.I. 2010/180), arts. 1, 4(4)

C3 S. 30 modified (28.2.2011) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Savings and Transitional Provisions) Order 2010 (S.S.I. 2010/180), arts. 1, 6(4)

Commencement Information

I48 S. 30 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

[F106 30A. Notification of health regulatory bodies etc. S

(1) Where section 30(2) applies, Ministers must notify any relevant health regulatory body whom they think it would be appropriate to notify of the fact—

(a) that the individual has been barred from [F107 carrying out a regulated role] with children or adults, or, as the case may be,

(b) that they are considering whether to list the individual.

(2) Where, after considering whether to list an individual, Ministers decide not to do so, they must give notice of that fact to any relevant health regulatory body to whom they gave notice under subsection (1)(b).

(3) A notice given under subsection (1) or (2) may include—

(a) such details as Ministers think appropriate—

(i) where the individual has been barred (by being listed or otherwise), about the circumstances in which the individual was barred,

(ii) where they have decided not to list an individual, about the circumstances in which the individual was considered for listing, and

(b) any other information about the individual which Ministers think appropriate.

(4) Where Ministers remove an individual from a list under section 29, they must give notice of that fact to any relevant health regulatory body whom they think it would be appropriate to notify of that fact (having regard to the period for which the individual has been listed).

(5) The following are “relevant health regulatory bodies”—

• the General Chiropractic Council

• the General Dental Council

• the General Medical Council

• the General Optical Council

• the General Osteopathic Council

• [F108 the Health and Care Professions Council]

• the Nursing and Midwifery Council

• the Pharmaceutical Society of Northern Ireland

• the Royal Pharmaceutical Society of Great Britain.]

[F109 (6) The reference in subsection (5) to the Health and Care Professions Council does not include a reference to that body in so far as it has functions relating to F110 ... social care workers in England ([F111 within the meaning of] section 60 of the Health Act 1999).]

Textual Amendments

F106 S. 30A inserted (28.2.2011) by The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (S.I. 2009/1182), art. 1(7), Sch. 5 para. 12 (with arts. 9, 10) (see S.S.I. 2011/157, art. 2)

F107 Words in s. 30A(1)(a) substituted (1.4.2025) by The Disclosure (Scotland) Act 2020 (Consequential Provisions and Modifications) Order 2025 (S.I. 2025/423), art. 2(1), Sch. 2 para. 2(2)

F108 Words in s. 30A(5) substituted (1.8.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 56(f); S.I. 2012/1319, art. 2(4)

F109 S. 30A(6) inserted (1.8.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 58; S.I. 2012/1319, art. 2(4)

F110 Words in s. 30A(6) omitted (2.12.2019) by virtue of Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 5 para. 36(a); S.I. 2019/1436, reg. 2(s)

F111 Words in s. 30A(6) substituted (2.12.2019) by Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 5 para. 36(b); S.I. 2019/1436, reg. 2(s)

31 Relevant inquiries S

(1) This section applies for the purposes of section 13 and 17.

(2) A relevant inquiry is any of the following—

(a) an inquiry held—

(i) by Ministers,

(ii) by the Scottish Parliament (including an inquiry held by a committee or sub-committee of the Parliament),

(b) an inquiry held under the Inquiries Act 2005 (c. 12),

(c) any other inquiry or hearing designated for the purposes of this section by an order made by Ministers.

(3) “Relevant inquiry report” means the report by the person who held the relevant inquiry.

Commencement Information

I49 S. 31 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

32 Relevant offences etc. S

(1) For the purposes of this Part an individual commits a relevant offence if the individual—

(a) commits an offence which falls within paragraph 1 of schedule 1, or

(b) falls within paragraph 2 of that schedule,

and references to being convicted of, or charged with, a relevant offence are to be construed accordingly.

(2) Ministers may by order modify schedule 1 so as to modify the circumstances in which an individual is to be treated for the purposes of this Part as having committed a relevant offence.

(3) Subsection (4) applies to an individual if—

(a) the individual is charged with an offence,

(b) either—

(i) the individual is acquitted of the charge [F112 by reason of the special defence set out in section 51A of the 1995 Act ], or

(ii) the court makes a finding under section 55(2) of the 1995 Act in respect of the individual, and

(c) the court makes any order mentioned in section 57(2)(a) to (d) of the 1995 Act in relation to the acquittal or finding.

(4) An individual to whom this subsection applies is to be treated, for the purposes of sections 7, 17 and 24, as having been convicted of the offence.

Textual Amendments

F112 Words in s. 32(3)(b)(i) substituted (with application in accordance with art. 3 of the commencing S.S.I.) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), Sch. 7 para. 84; S.S.I. 2012/160, art. 3, Sch.

Commencement Information

I50 S. 32(1)(3)(4) in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

I51 S. 32(2) in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.

I52 S. 32(2) in force at 28.2.2011 in so far as not already in force by S.S.I. 2011/157, art. 2(a)

33 Duty to notify certain changes S

(1) An individual who is listed, or whom Ministers are considering whether to list, must give Ministers notice of—

(a) a change in the individual's name or address,

(b) the issue of a full gender recognition certificate to the individual under section 4 of the Gender Recognition Act 2004 (c. 7), or

(c) any other change in circumstance of a prescribed type.

(2) A notice under subsection (1) must be given within 1 month of the date of the change or issue of the certificate to which it relates.

(3) An individual who fails, without reasonable excuse, to comply with subsection (1) commits an offence.

(4) An individual guilty of an offence under subsection (3) is liable on summary conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding level 5 on the standard scale, or to both.

Commencement Information

I53 S. 33 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

[F113 Offences relating to regulated roles] S

Textual Amendments

F113 S. 34 cross-heading substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(21) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

34 [F114 Barred individuals not to carry out regulated roles] S

(1) It is an offence for an individual to [F115 carry out, or to seek or agree to carry out, any regulated role] from which the individual is barred.

(2) It is a defence for an individual charged with an offence under subsection (1) to prove that the individual did not know, and could not reasonably be expected to have known—

(a) that the individual was barred from that regulated [F116 role], or

(b) that the [F117 role concerned was a regulated role].

Textual Amendments

F114 S. 34 title substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(22)(c) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F115 Words in s. 34(1) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(22)(a) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F116 Word in s. 34(2)(a) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(22)(b)(i) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F117 Words in s. 34(2)(b) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(22)(b)(ii) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

Commencement Information

I54 S. 34 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

35 [F118 Organisations not to use barred individuals for regulated roles] S

(1) It is an offence for an organisation to offer [F119 a regulated role to an individual barred from that role].

(2) Ministers may, by regulations, prohibit an organisation from permitting an individual to [F120 carry out], or require an organisation to remove an individual from, [F121 a regulated role] from which the individual is barred.

(3) Regulations may in particular—

(a) impose prohibitions or requirements—

(i) in relation to particular types of organisations only,

(ii) in relation to particular kinds of regulated [F122 roles] only, or

(b) otherwise limit the purpose for which the prohibition or requirement is to apply (or the area in which it is to apply) in such manner as Ministers think appropriate.

(4) An organisation which fails to comply with regulations made under subsection (2) commits an offence.

(5) An organisation commits an offence under subsection (1) if it offers [F123 a regulated role] to a barred individual who is already working for the organisation.

(6) It is a defence for an organisation charged with an offence under subsection (1) or (4) to prove that it did not know, and could not reasonably be expected to have known, that the individual was barred from [F124 that regulated role].

(7) For the purposes of subsection (1), an organisation is not to be treated as having offered [F125 a regulated role] to an individual if the offer is subject to the organisation being satisfied (by virtue of information disclosed under Part 2 or otherwise) that the individual is suitable to [F126 carry out that role].

Textual Amendments

F118 S. 35 title substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(23)(g) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F119 Words in s. 35(1) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(23)(a) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F120 Words in s. 35(2) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(23)(b)(i) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F121 Words in s. 35(2) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(23)(b)(ii) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F122 Word in s. 35(3)(a)(ii) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(23)(c) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F123 Words in s. 35(5) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(23)(d) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F124 Words in s. 35(6) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(23)(e) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F125 Words in s. 35(7) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(23)(f)(i) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F126 Words in s. 35(7) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(23)(f)(ii) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

Commencement Information

I55 S. 35(1)(4)-(7) in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

I56 S. 35(2)(3) in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.

I57 S. 35(2)(3) in force at 28.2.2011 in so far as not already in force by S.S.I. 2011/157, art. 2(a)

36 [F127 Personnel suppliers not to supply barred individuals for regulated roles] S

(1) A personnel supplier commits an offence if it—

(a) offers or supplies an individual who is barred from [F128 regulated roles] to an organisation, and

(b) knows or has reason to believe that the organisation will make arrangements for the individual to [F129 carry out a regulated role] from which the individual is barred.

(2) It is a defence for a personnel supplier charged with an offence under subsection (1) to prove that it did not know, and could not reasonably be expected to have known, that the individual was barred from [F130 the regulated role].

Textual Amendments

F127 S. 36 title substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(24)(c) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F128 Words in s. 36(1)(a) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(24)(a)(i) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F129 Words in s. 36(1)(b) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(24)(a)(ii) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F130 Words in s. 36(2) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(24)(b) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

Commencement Information

I58 S. 36 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

37 [F131 Penalties for offences relating to regulated roles] S

A person guilty of an offence under section 34, 35 or 36 is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both,

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine, or to both.

Textual Amendments

F131 S. 37 title substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(25) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

Commencement Information

I59 S. 37 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

[F132 37A Offences outside Scotland S

(1) This section applies where an offence is committed under section 34, 35 or 36 outside Scotland.

(2) The person committing the offence may be prosecuted, tried and punished for the offence—

(a) in a sheriff court district in which the person is apprehended or in custody, or

(b) in a sheriff court district determined by the Lord Advocate,

as if the offence had been committed in that district.

(3) The offence is, for all purposes incidental to or consequential on the trial and punishment, deemed to have been committed in that district.]

Textual Amendments

F132 S. 37A inserted (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), ss. 88(2), 97 (with s. 96); S.S.I. 2021/380, reg. 2, sch.

General and supplementary S

38 Police access to lists S

(1) Ministers must make available to [F133 the chief constable]—

(a) the name of each individual included in the children's list,

(b) the name of each individual included in the adults' list, and

(c) any other information contained in those lists which Ministers consider should be disclosed for any purpose mentioned in subsection (2).

(2) Information disclosed under subsection (1) may be used by [F134 constables of the Police Service of Scotland] only for the [F135 law enforcement purposes within the meaning of section 31 of the Data Protection Act 2018.]

Textual Amendments

F133 Words in s. 38(1) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 36(3)(a); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F134 Words in s. 38(2) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 36(3)(b); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F135 Words in s. 38(2) substituted (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 12(5) (with s. 96); S.S.I. 2021/380, reg. 2, sch.

Commencement Information

I60 S. 38 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

39 Restrictions on listing in children's list S

(1) Ministers need not list an individual (nor consider an individual for listing) in the children's list if the individual is already barred from regulated [F136 roles] with children F137 ...

(2) Ministers need not consider an individual for listing in the children's list if—

(a) they consider that it would be more appropriate for the individual's case to be [F138 dealt with] by the [F139 Disclosure and Barring Service (“DBS”)], or

(b) subsection (3) applies.

(3) This subsection applies where—

[F140 (a) the individual’s case has been dealt with in pursuance of relevant corresponding legislation, and]

(b) Ministers are satisfied that all information relating to the individual which they consider relevant to their decision whether to consider to list the individual was considered [F141 before, or when, the individual’s case was last dealt with in pursuance of the relevant corresponding legislation ].

(4) Where—

(a) in pursuance of subsection (2)(a), Ministers do not consider an individual for listing in the children's list, and

(b) [F142 DBS] [F143 deals with] the individual's case,

section 30 applies (with any necessary modifications) as if Ministers are considering to list the individual in the children's list.

(5) Ministers need not list an individual in the children's list under section 14 if [F144 they consider that it would be more appropriate for the individual’s case to be dealt with by [F145 DBS]]—

F146 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F146 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F147 (6) Where—

(a) in pursuance of subsection (5), Ministers do not list an individual in the children’s list under section 14, and

(b) [F148 DBS] deals with the individual’s case,

section 30 applies (with any necessary modifications) as if Ministers had listed the individual in the children’s list under section 14.

(7) In this section “relevant corresponding legislation” means—

(a) the Protection of Children Act 1999 (c.14) ,

(b) the Criminal Justice and Court Services Act 2000 (c.43) ,

(c) sections 142 to 144 of the Education Act 2002 (c.32) ,

(d) the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003,

(e) the Safeguarding Vulnerable Groups Act 2006 (c.47) ,

(f) regulations made under Article   70(1) and (2)(e) or 88A(1) and (2)(b) of the Education and Libraries (Northern Ireland) Order 1986,

(g) the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007.]

Textual Amendments

F136 Word in s. 39(1) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(26) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F137 Words in s. 39(1) repealed (18.4.2010 for specified purposes, coming into force in accordance with art. 1(2)) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010 (S.S.I. 2010/446), arts. 1(2), 7(2)

F138 Words in s. 39(2)(a) substituted (18.4.2010 for specified purposes, coming into force in accordance with art. 1(2)) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010 (S.S.I. 2010/446), arts. 1(2), 7(3)

F139 Words in s. 39(2)(a) substituted (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 12(6)(a) (with s. 96); S.S.I. 2021/380, reg. 2, sch.

F140 S. 39(3)(a) substituted (18.4.2010 for specified purposes, coming into force in accordance with art. 1(2)) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010 (S.S.I. 2010/446), arts. 1(2), 7(4)(a)

F141 Words in s. 39(3)(b) substituted (18.4.2010 for specified purposes, coming into force in accordance with art. 1(2)) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010 (S.S.I. 2010/446), arts. 1(2), 7(4)(b)

F142 Word in s. 39(4)(b) substituted (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 12(6)(b) (with s. 96); S.S.I. 2021/380, reg. 2, sch.

F143 Words in s. 39(4)(b) substituted (18.4.2010 for specified purposes, coming into force in accordance with art. 1(2)) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010 (S.S.I. 2010/446), arts. 1(2), 7(5)

F144 Words in s. 39(5) inserted (18.4.2010 for specified purposes, coming into force in accordance with art. 1(2)) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010 (S.S.I. 2010/446), arts. 1(2), 7(6)(a)

F145 Word in s. 39(5) substituted (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 12(6)(b) (with s. 96); S.S.I. 2021/380, reg. 2, sch.

F146 S. 39(5)(a)(b) repealed (18.4.2010 for specified purposes, coming into force in accordance with art. 1(2)) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010 (S.S.I. 2010/446), arts. 1(2), 7(6)(b)

F147 S. 39(6)(7) inserted (18.4.2010 for specified purposes, coming into force in accordance with art. 1(2)) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010 (S.S.I. 2010/446), arts. 1(2), 7(7)

F148 Word in s. 39(6)(b) substituted (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 12(6)(b) (with s. 96); S.S.I. 2021/380, reg. 2, sch.

Commencement Information

I61 S. 39 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

40 Restrictions on listing in adults' list S

(1) Ministers need not list an individual (nor consider an individual for listing) in the adults' list if the individual is already barred from regulated [F149 roles] with adults F150 ...

(2) Ministers need not consider an individual for listing in the adults' list if—

(a) they consider that it would be more appropriate for the individual's case to be [F151 dealt with] by the [F152 Disclosure and Barring Service (“DBS”)], or

(b) subsection (3) applies.

(3) This subsection applies where—

[F153 (a) the individual’s case has been dealt with in pursuance of relevant corresponding legislation, and ]

(b) Ministers are satisfied that all information relating to the individual which they consider relevant to their decision whether to consider to list the individual was considered [F154 before, or when, the individual’s case was last dealt with in pursuance of the relevant corresponding legislation].

(4) Where—

(a) in pursuance of subsection (2)(a), Ministers do not consider an individual for listing in the adults' list, and

(b) [F155 DBS] [F156 deals with] the individual's case,

section 30 applies (with any necessary modifications) as if Ministers are considering to list the individual in the adults' list.

(5) Ministers need not list an individual in the adults' list under section 14 if [F157 they consider that it would be more appropriate for the individual’s case to be dealt with by [F158 DBS].]

F159 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F159 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F160 (6) Where—

(a) in pursuance of subsection (5), Ministers do not list an individual in the adults’ list under section 14, and

(b) [F161 DBS] deals with the individual’s case,

section 30 applies (with any necessary modifications) as if Ministers had listed the individual in the adults’ list under section 14.

(7) In this section “relevant corresponding legislation” means—

(a) Part 7 of the Care Standards Act 2000 (c.14),

(b) the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003,

(c) the Safeguarding Vulnerable Groups Act 2006 (c.47),

(d) the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007.]

Textual Amendments

F149 Word in s. 40(1) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(27) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F150 Words in s. 40(1) repealed (18.4.2010 for specified purposes, coming into force in accordance with art. 1(2)) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010 (S.S.I. 2010/446), arts. 1(2), 8(2)

F151 Words in s. 40(2)(a) substituted (18.4.2010 for specified purposes, coming into force in accordance with art. 1(2)) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010 (S.S.I. 2010/446), arts. 1(2), 8(3)

F152 Words in s. 40(2)(a) substituted (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 12(7)(a) (with s. 96); S.S.I. 2021/380, reg. 2, sch.

F153 S. 40(3)(a) substituted (18.4.2010 for specified purposes, coming into force in accordance with art. 1(2)) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010 (S.S.I. 2010/446), arts. 1(2), 8(4)(a)

F154 Words in s. 40(3)(b) substituted (18.4.2010 for specified purposes, coming into force in accordance with art. 1(2)) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010 (S.S.I. 2010/446), arts. 1(2), 8(4)(b)

F155 Word in s. 40(4)(b) substituted (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 12(7)(b) (with s. 96); S.S.I. 2021/380, reg. 2, sch.

F156 Words in s. 40(4)(b) substituted (18.4.2010 for specified purposes, coming into force in accordance with art. 1(2)) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010 (S.S.I. 2010/446), arts. 1(2), 8(5)

F157 Words in s. 40(5) inserted (18.4.2010 for specified purposes, coming into force in accordance with art. 1(2)) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010 (S.S.I. 2010/446), arts. 1(2), 8(6)(a)

F158 Word in s. 40(5) substituted (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 12(7)(b) (with s. 96); S.S.I. 2021/380, reg. 2, sch.

F159 S. 40(5)(a)(b) repealed (18.4.2010 for specified purposes, coming into force in accordance with art. 1(2)) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010 (S.S.I. 2010/446), arts. 1(2), 8(6)(b)

F160 S. 40(6)(7) inserted (18.4.2010 for specified purposes, coming into force in accordance with art. 1(2)) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010 (S.S.I. 2010/446), arts. 1(2), 8(7)

F161 Word in s. 40(6)(b) substituted (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 12(7)(b) (with s. 96); S.S.I. 2021/380, reg. 2, sch.

Commencement Information

I62 S. 40 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

41 Protection from actions for damages S

(1) No proceedings are competent in respect of any loss or damage incurred by any person because of—

(a) the fact that an individual is or is not listed,

(b) the fact that Ministers have or have not considered whether to list an individual,

(c) the provision of information in pursuance of any of sections 3 to 8 and 18 to 20 [F162 (or of any other power or duty to provide information to Ministers in relation to their functions under this Part)].

(2) Subsection (1)(c) does not apply if the provider of the information—

(a) knew, or was reckless as to whether, it was untrue or misleading in a material respect, and

(b) provided it—

(i) in purported compliance with any of sections 3 to 8 and 18 to 20[F163 (or of any other power or duty to provide information to Ministers in relation to their functions under this Part)], or

(ii) in other circumstances in which the provider knew, or could reasonably be expected to have known, that it would be used by Ministers, or provided to them for use, in connection with the performance of their functions under this Part.

Textual Amendments

F162 Words in s. 41(1)(c) inserted (18.4.2010 coming into force in accordance with art. 1(2)) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010 (S.S.I. 2010/446), arts. 1(2), 9

F163 A

Commencement Information

I63 S. 41 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

42 Power to regulate procedure etc. S

(1) Ministers may, by regulations, make further provision about—

(a) the information about listed individuals which is to be included in the children's list and adults' list,

(b) the maintenance of those lists, and

(c) the procedure which is to be followed in relation to any decision which Ministers are authorised or required to take under this Part.

(2) The regulations may, in particular, make provision in relation to the time within which anything has to be done.

Commencement Information

I64 S. 42(1)(a)(b) in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

I65 S. 42(1)(c)(2) in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.

I66 S. 42(1)(c)(2) in force at 28.2.2011 in so far as not already in force by S.S.I. 2011/157, art. 2(a)

43 Transfer from 2003 Act list S

(1) Ministers must list in the children's list each individual who was included (otherwise than provisionally) in the list kept under section 1 of the Protection of Children (Scotland) Act 2003 (asp 5) (“the 2003 Act”) immediately before that section was repealed.

(2) Ministers must give notice of listing under subsection (1) to each individual listed under that subsection.

(3) An individual who is listed under subsection (1) is to be treated for the purposes of this Act as having been so listed—

(a) under the provision of this Part which most closely corresponds to the provision in the 2003 Act under which the individual was included in the list kept under section 1 of that Act, and

(b) on the day on which the individual was included in the list kept under section 1 of the 2003 Act.

(4) The provisions of this Part are accordingly to apply in relation to such an individual with any necessary modifications.

(5) Section 29(1)(b) is not to be read as requiring or authorising Ministers to remove such an individual from the children's list where it appears to them that the individual—

(a) would not have been listed under the provision of this Part which most closely corresponds to the provision in the 2003 Act under which the individual was included in the list kept under section 1 of the 2003 Act, but

(b) should have been included in the list kept under the 2003 Act under the provision of that Act which corresponds most closely with the provision of this Part under which the individual is to be treated as having been listed.

(6) A notice required by subsection (2) may be given—

(a) by delivering it to the listed individual,

(b) by leaving it at the listed individual's usual or last known place of abode, or

(c) by sending it by post to the listed individual at that place.

Commencement Information

I67 S. 43 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

Part 2 S Vetting and disclosure

Modifications etc. (not altering text)

C4 Pt. 2 modified (28.2.2011) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Consequential Provisions) Order 2010 (S.I. 2010/2660), arts. 1, 22

C5 Pt. 2 modified (28.2.2011) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Consequential Provisions) Order 2010 (S.I. 2010/2660), arts. 1, 21

The Scheme S

44 The Scheme S

Ministers are to administer a scheme (“the Scheme”) under which information about individuals who [F164 carry out, or wish to carry out, regulated roles] with children or protected adults is—

(a) collated, and

(b) disclosed,

in accordance with this Part.

Textual Amendments

F164 Words in s. 44 substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(28) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

Commencement Information

I68 S. 44 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 4)

[F165 45 Participation in Scheme S

(1) An individual aged 16 or over may apply to Ministers—

(a) to join the Scheme and become a member of the Scheme (a “scheme member”), or

(b) if the individual is an existing scheme member, to renew that membership.

(2) An individual may participate in the Scheme in relation to—

(a) regulated roles with children,

(b) regulated roles with adults, or

(c) both types of regulated role.

(3) Ministers must allow an individual to participate in the Scheme in relation to a type of regulated role if the individual is—

(a) not barred from that type of regulated role, and

(b) aged 16 or over.]

Textual Amendments

F165 S. 45 substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), ss. 70, 97 (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

Commencement Information

I69 S. 45 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

[F166 45C Individuals must be scheme members to carry out regulated roles S

(1) It is an offence for an individual to carry out, or to agree to carry out, any type of regulated role unless the individual participates in the Scheme in relation to that type of regulated role.

(2) For the purposes of subsection (1), an individual is not to be treated as having agreed to carry out a regulated role if the individual's agreement is subject to the individual's participating in the Scheme in relation to that type of role.

(3) It is a defence for an individual charged with an offence under subsection (1)—

(a) to prove that the individual did not know, and could not reasonably be expected to have known, that the role concerned was a regulated role, and

(b) where the individual participated in the Scheme in relation to the type of regulated role concerned and the individual's membership of the Scheme in relation to that type of regulated role was not renewed, to prove that the individual did not know, and could not reasonably be expected to have known, that the individual's membership of the Scheme had not been renewed.

(4) Subsection (1) does not apply to an individual who is—

(a) barred from the type of regulated role concerned (but see section 34),

(b) aged under 16.]

Textual Amendments

F166 Ss. 45C-45G inserted (30.9.2024 for specified purposes, 1.4.2025 for specified purposes) by Disclosure (Scotland) Act 2020 (asp 13), ss. 73(2), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch. (with reg. 12)

[F166 45D Organisations not to use individuals for regulated roles without confirming scheme membership S

(1) It is an offence for an organisation to offer any type of regulated role to an individual unless the organisation has received a Level 2 disclosure in pursuance of a request under section 18(1)(a) of the Disclosure (Scotland) Act 2020 containing a statement confirming that the individual participates in the Scheme in relation to that type of regulated role.

(2) For the purposes of subsection (1), an organisation is not to be treated as having offered a regulated role to an individual if the offer is subject to the organisation receiving a Level 2 disclosure as mentioned in subsection (1).

(3) Subsection (1) does not apply in relation to an individual who is—

(a) barred from the type of regulated role concerned (but see section 35),

(b) aged under 16.]

Textual Amendments

F166 Ss. 45C-45G inserted (30.9.2024 for specified purposes, 1.4.2025 for specified purposes) by Disclosure (Scotland) Act 2020 (asp 13), ss. 73(2), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch. (with reg. 12)

[F166 45E Power to require organisations to stop using individuals for regulated roles without scheme membership S

(1) Ministers may by regulations—

(a) prohibit an organisation from permitting an individual to carry out a regulated role,

(b) require an organisation to remove an individual from a regulated role,

where the individual does not participate in the Scheme in relation to that type of regulated role.

(2) Regulations under subsection (1) may in particular—

(a) impose prohibitions or requirements—

(i) in relation to particular types of organisations,

(ii) in relation to particular kinds of regulated roles,

(b) otherwise limit the purposes for which the prohibition or requirement is to apply (or the area in which it is to apply) in such manner as Ministers think appropriate.

(3) An organisation which fails to comply with regulations made under subsection (1) commits an offence.

(4) It is a defence for an organisation charged with an offence under subsection (3) to prove that it did not know, and could not reasonably be expected to have known, that the individual does not participate in the Scheme in relation to that type of regulated role.]

Textual Amendments

F166 Ss. 45C-45G inserted (30.9.2024 for specified purposes, 1.4.2025 for specified purposes) by Disclosure (Scotland) Act 2020 (asp 13), ss. 73(2), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch. (with reg. 12)

[F166 45F Personnel suppliers not to supply individuals for regulated roles without confirming scheme membership S

(1) Subsection (2) applies where a personnel supplier knows or has reason to believe that an organisation will make arrangements for an individual to carry out a type of regulated role.

(2) Where this subsection applies, it is an offence for the personnel supplier to offer or supply the individual to the organisation in relation to that type of regulated role unless the personnel supplier has received a Level 2 disclosure in pursuance of a request under section 18(1)(a) of the Disclosure (Scotland) Act 2020 containing a statement confirming that the individual participates in the Scheme in relation to that type of regulated role.

(3) Subsection (2) does not apply in relation to an individual who is—

(a) barred from the type of regulated role concerned (but see section 36),

(b) aged under 16.]

Textual Amendments

F166 Ss. 45C-45G inserted (30.9.2024 for specified purposes, 1.4.2025 for specified purposes) by Disclosure (Scotland) Act 2020 (asp 13), ss. 73(2), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch. (with reg. 12)

[F166 45G Penalties for offences relating to regulated roles by individuals not in Scheme S

A person who commits an offence under section 45C, 45D, 45E or 45F is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both),

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).]

Textual Amendments

F166 Ss. 45C-45G inserted (30.9.2024 for specified purposes, 1.4.2025 for specified purposes) by Disclosure (Scotland) Act 2020 (asp 13), ss. 73(2), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch. (with reg. 12)

[F167 [F168 45H] Offences outside Scotland S

(1) This section applies where an offence is committed under section 45C, 45D, 45E or 45F outside Scotland.

(2) The person committing the offence may be prosecuted, tried and punished for the offence—

(a) in a sheriff court district in which the person is apprehended or in custody, or

(b) in a sheriff court district determined by the Lord Advocate,

as if the offence had been committed in that district.

(3) The offence is, for all purposes incidental to or consequential on the trial and punishment, deemed to have been committed in that district.]

Textual Amendments

F167 S. 45H inserted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), ss. 88(3), 97 (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F168 S. 47H renumbered as s. 45H (1.4.2025) by The Disclosure (Scotland) Act 2020 (Incidental, Supplementary and Consequential Provision) Regulations 2025 (S.S.I. 2025/74), reg. 1(1), sch. 1 para. 2(4); S.S.I. 2025/27, reg. 3, sch.)

[F169 46 Confirmation of scheme membership S

(1) Ministers must provide a confirmation of scheme membership to each scheme member.

(2) A confirmation of scheme membership is a document which—

(a) specifies the type of regulated role in relation to which the scheme member participates in the Scheme,

(b) confirms that the scheme member is not barred from that type of role,

(c) if Ministers are considering whether to list the member in relation to that type of role—

(i) states that fact, and

(ii) sets out details of any conditions that Ministers have imposed under section 13A(1) or, if no such conditions have been imposed, states that fact, and

(d) contains such other information about the scheme member as may be prescribed.

(3) Ministers need not comply with subsection (1) where, at the same time as the individual applies to join the scheme, the individual makes an application under section 11 of the Disclosure (Scotland) Act 2020 for a Level 2 disclosure where section 17 of that Act applies.]

Textual Amendments

F169 S. 46 substituted (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), ss. 86(2), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch. (with reg. 14) (as amended by S.S.I. 2025/73, regs. 1, 2(2)); S.S.I. 2025/27, reg. 3(1)(2), sch. (with reg. 11)

Commencement Information

I70 S. 46 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

[F170 46A Notice of barred status S

(1) Subsection (2) applies where—

(a) an accredited body has countersigned an application for a Level 2 disclosure,

(b) the individual applying for the disclosure seeks to participate in the Scheme,

(c) the purpose of the disclosure is to enable the accredited body (or any person for whom the body acts) to consider the individual's suitability to carry out, or to be offered or supplied for, a type of regulated role, and

(d) Ministers have refused to allow the individual to participate in the Scheme in relation to that type of regulated role because the individual is—

(i) barred from regulated roles with children, or (as the case may be)

(ii) barred from regulated roles with adults.

(2) Where this subsection applies, Ministers must notify the accredited body that they have refused to allow the individual to participate in the Scheme in relation to that type of regulated role because the individual is—

(a) barred from regulated roles with children, or (as the case may be)

(b) barred from regulated roles with adults.

(3) In this section—

• “accredited body” has the meaning given in section 46(2) of the Disclosure (Scotland) Act 2020,

• “Level 2 disclosure” has the meaning given in section 8 of that Act.]

Textual Amendments

F170 S. 46A inserted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), ss. 79, 97 (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

Vetting information S

47 Enquiries about scheme members S

(1) Ministers must, after making enquiries for the purpose of discovering whether any vetting information exists in relation to a new scheme member, create a scheme record for the member.

(2) Ministers must make arrangements for the purpose of discovering whether any new vetting information arises in relation to scheme members while those members participate in the Scheme.

(3) Ministers must update a scheme record if they discover any new vetting information about the scheme member to whom it relates.

(4) Vetting information is new if Ministers did not discover it as a result of earlier enquiries made in pursuance of subsection (1) or (2) in relation to the scheme member concerned (regardless of whether it existed when they made those earlier enquiries).

Commencement Information

I71 S. 47 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

48 Scheme record S

A scheme record is a document comprising—

[F171 (a) the information to be contained in a confirmation of scheme membership under section 46(2), and]

(b) vetting information about the scheme member which Ministers discover as a result of enquiries or arrangements made under section 47.

Textual Amendments

F171 S. 48(a) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(29) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

Commencement Information

I72 S. 48 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

49 Vetting information S

(1) Vetting information, in relation to a scheme member, is—

[F172 (a) the prescribed details of every relevant matter relating to the scheme member that is recorded in central records,]

(b) if the scheme member is subject to notification requirements under Part 2 of the Sexual Offences Act 2003 (c. 42), information about those requirements,

[F173 (c) information which—

(i) the chief officer of a relevant police force reasonably believes to be relevant in relation to the type of regulated [F174 role] in relation to which the scheme member participates in the Scheme, and

(ii) in the chief officer’s opinion, ought to be included in the scheme member’s scheme record, and]

(d) such other information as may be prescribed.

[F175 (1A) For the avoidance of doubt, information such as is mentioned in subsection (1)(c) may include information with respect to relevant behaviour (within the meaning of section 5(1)(a) of the Age of Criminal Responsibility (Scotland) Act 2019).]

[F176 [F177 (1B)] Section 33 of the Disclosure (Scotland) Act 2020 (Level 2 disclosure: considering relevance and whether to include certain information) applies for the purposes of subsection (1)(c) of this section as it applies for the purposes of the sections mentioned in subsection (1) of that section, but as if—

(a) references to a person considering whether a conviction, children's hearing outcome or other information is relevant for the purpose of a Level 2 disclosure were references to the chief constable considering whether information is relevant to the type of regulated role in relation to which the scheme member participates in the Scheme,

(b) references to a person considering whether a conviction, children's hearing outcome or other information ought to be included in a Level 2 disclosure were references to the chief constable considering whether information ought to be included in the scheme member's scheme record,

(c) references to a conviction or children's hearing outcome were omitted, and

(d) references to other information were references to information mentioned in subsection (1)(c) of this section.]

(2) Regulations prescribing information for the purposes of subsection (1)(d) may require persons holding information of the type prescribed to disclose it to Ministers for the purposes of this Act.

[F178 (3) In subsection (1)(a), “central records” and “relevant matter” have the same meanings as in section 18(5).]

Textual Amendments

F172 S. 49(1)(a) substituted (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 5(3)(a) (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.

F173 S. 49(1)(c) substituted (10.9.2015) by The Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 Remedial Order 2015 (S.S.I. 2015/330), arts. 1(2), 4(3) (with arts. 5-10) which S.S.I. is revoked ands. 49(1)(c) substituted (8.2.2016) by The Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 Remedial (No. 2) Order 2015 (S.S.I. 2015/423), arts. 1(2), 4(3) (with arts. 5-10)

F174 Word in s. 49(1)(c)(i) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(30) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F175 S. 49(1A) inserted (30.11.2020) by Age of Criminal Responsibility (Scotland) Act 2019 (asp 7), ss. 10(3), 84(2); S.S.I. 2020/369, reg. 2, sch.

F176 S. 49(1A) inserted (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 5(3)(b) (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.

F177 S. 49(1A) renumbered as s. 49(1B) (1.4.2025) by The Disclosure (Scotland) Act 2020 (Incidental, Supplementary and Consequential Provision) Regulations 2025 (S.S.I. 2025/74), reg. 1(1), sch. 1 para. 2(5); S.S.I. 2025/27, reg. 3, sch.

F178 S. 49(3) inserted (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 5(3)(c) (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.

Commencement Information

I73 S. 49(1)(a)-(c) (2) in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

I74 S. 49(1)(d) in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.

I75 S. 49(1)(d) in force at 28.2.2011 in so far as not already in force by S.S.I. 2011/157, art. 2(a)

50 Duty to notify certain changes S

(1) A scheme member must give Ministers notice of—

(a) a change in the member's name,

(b) the issue of a full gender recognition certificate to the member under section 4 of the Gender Recognition Act 2004 (c. 7), or

(c) any other change in circumstance of a prescribed type.

(2) A notice under subsection (1) must be given within 3 months of the date of the change or issue of the certificate to which it relates.

(3) An individual who fails, without reasonable excuse, to comply with subsection (1) commits an offence.

(4) An individual guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Commencement Information

I76 S. 50 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

51 Correction of inaccurate scheme record S

(1) Ministers must correct a scheme record if they are satisfied (following a request by a scheme member for correction, notification under section 50 [F179 or a review under section 21 of the Disclosure (Scotland) Act 2020,] or otherwise) that any information included in it is inaccurate.

F180 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F180 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F180 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F180 (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F180 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F180 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F180 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F179 Words in s. 51(1) inserted (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 5(4)(a) (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.

F180 S. 51(2)-(7) repealed (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 5(4)(b) (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.

Commencement Information

I77 S. 51 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

F181 52ZA Procedure following correction of inaccurate scheme record S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F181 S. 52ZA repealed (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 5(5) (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.

Disclosure S

F182 52 Disclosure of scheme records S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F182 S. 52 repealed (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 5(6) (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.

F183 52A Review of vetting information in scheme record S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F183 S. 52A repealed (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 5(7) (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch. (with regs. 8, 9)

F184 53 Disclosure of short scheme records S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F184 S. 53 repealed (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 5(8) (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.

[F185 54 Provision of confirmation of scheme membership to third parties S

(1) Where—

(a) a scheme member requests that Ministers make a confirmation of scheme membership available to such other person (a “third party”) as the member specifies in the request, and

(b) the conditions in subsection (2) are satisfied,

Ministers must comply with the request.

(2) The conditions are that—

(a) the request includes a statement referred to in subsection (3),

(b) the request specifies the type of regulated role in relation to which it is made, and

(c) the scheme member participates in the Scheme in relation to that type of regulated role.

(3) The statement is a statement by the scheme member that the confirmation of scheme membership is requested for the purpose of enabling or assisting the third party (or any other person for whom the third party acts) to consider the member's suitability to carry out, or to be offered or supplied for, the type of regulated role in relation to which the member participates in the Scheme.]

Textual Amendments

F185 S. 54 substituted (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), ss. 86(3), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch. (with reg. 6)

F186 55 Disclosure conditions S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F186 S. 55 repealed (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 5(9) (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.

F187 56 Crown work S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F187 S. 56 repealed (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 5(10) (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.

F188 57 Disclosure restrictions S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F188 S. 57 repealed (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 5(11) (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.

F189 57A Meaning of “conviction” and “protected conviction” S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F189 S. 57A repealed (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 5(12) (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.

Removal from scheme S

58 Removal from scheme S

(1) Ministers must remove a scheme member from the Scheme in relation to a type of regulated [F190 role] if they—

(a) bar the member from [F191 carrying out that type of role] by listing the member, or

(b) become aware that the member has otherwise been barred from [F192 that type of regulated role].

(2) Ministers may remove from the Scheme any scheme member who fails to pay any fee for participation in the Scheme which is prescribed under section 70.

Textual Amendments

F190 Word in s. 58(1) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(31)(a) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F191 Words in s. 58(1)(a) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(31)(b) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F192 Words in s. 58(1)(b) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(31)(c) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

Commencement Information

I78 S. 58 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

59 Withdrawal from scheme S

Ministers must remove a scheme member from the Scheme in relation to a type of regulated [F193 role] if—

(a) the scheme member applies to be so removed, and

(b) they are satisfied that the scheme member is not [F194 carrying out that type of regulated role].

Textual Amendments

F193 Word in s. 59 substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(32)(a) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F194 Words in s. 59(b) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(32)(b) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

Commencement Information

I79 S. 59 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

[F195 59A Withdrawal from Scheme when under consideration for listing S

(1) Where—

(a) Ministers remove an individual who is a scheme member from the Scheme under section 59, and

(b) at the time of the removal, they are considering whether to list the individual by virtue of sections 10 to 13 or section 45B(7),

they may decide not to continue to consider whether to list the individual.

(2) Where Ministers decide under subsection (1) not to continue to consider whether to list an individual, that decision is not to be treated as a decision not to list the individual after considering whether to do so for the purposes of subsection (3C) or (4) of section 30 (and accordingly no notice of the decision under subsection (1) is to be given under either of those subsections of that section).]

Textual Amendments

F195 S. 59A inserted (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), ss. 78(2), 97 (with s. 96); S.S.I. 2021/380, reg. 2, sch. (with reg. 3)

60 Notice of removal S

(1) Ministers must give notice confirming that they have removed an individual from the Scheme under section 58 or 59 to—

(a) the individual, and

(b) any other person whom they think fit.

(2) A notice under subsection (1) must—

(a) state the type of regulated [F196 role] in relation to which the individual has been removed, and

(b) say why the individual has been removed.

[F197 (2A) Where Ministers decide under section 59A(1) not to continue to consider whether to list the individual a notice under subsection (1) must also give notice of that fact.]

(3) A notice under subsection (1)(b) need not comply with subsection (2)(b) if Ministers think that it would be inappropriate for the recipient to be informed of the reason for removal.

Textual Amendments

F196 Word in s. 60(2)(a) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(33)(b) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch. (as amended by S.S.I. 2025/73, regs. 1, 2(3)(d))

F197 S. 60(2A) inserted (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), ss. 78(3), 97 (with s. 96); S.S.I. 2021/380, reg. 2, sch. (with reg. 3)

Commencement Information

I80 S. 60 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

61 Retention of scheme records after removal S

(1) Ministers may keep the scheme record of an individual removed from the Scheme and may continue to use that record for the purposes of enabling or assisting them to perform their functions under this Act.

(2) Subsection (1) does not—

(a) entitle Ministers to continue to make enquires in relation to the individual in pursuance of section 47(2), or

(b) require Ministers to otherwise ensure that the retained scheme record is updated.

[F198 (3) Where Ministers decide under section 59A(1) not to continue to consider whether to list an individual, Ministers may keep any information received by them when considering whether to list the individual for the purposes of enabling or assisting them to perform their functions under this Act.]

Textual Amendments

F198 S. 61(3) inserted (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), ss. 87, 97 (with s. 96); S.S.I. 2021/380, reg. 2, sch.

Commencement Information

I81 S. 61 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

Evidence of identity S

62 Evidence of identity S

(1) An individual making—

(a) an application to join, or to be removed from, the Scheme,

(b) a request to correct a scheme record, or

[F199 (c) a request for confirmation of scheme membership under section 54,]

must provide Ministers with such evidence of identity as they may require.

(2) Ministers need not consider such an application or request if—

(a) the individual fails to comply with a requirement under this section or section 63, or

(b) the evidence provided does not satisfy them as to the individual's identity.

Textual Amendments

F199 S. 62(1)(c) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(34) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

Commencement Information

I82 S. 62 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

63 Power to use fingerprints to check applicant's identity S

(1) Ministers may require an applicant to join the Scheme, or a scheme member, to have fingerprints taken in such manner, and at such place, as may be prescribed for the purposes of enabling or assisting Ministers to satisfy themselves as to the identity of the applicant or, as the case may be, scheme member.

(2) But Ministers may require an individual to have fingerprints taken under subsection (1) only if they are not satisfied by other evidence provided under section 62(1) as to the individual's identity.

(3) Ministers must arrange the destruction of any such fingerprints as soon as reasonably practicable after they have been used for the purposes mentioned in subsection (1).

(4) Any person who holds records of fingerprints for the use of police forces generally must make those records available to Ministers for the purposes of this section.

(5) This section does not affect the generality of section 62 in relation to any other type of evidence of identity.

Commencement Information

I83 S. 63(1) in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.

I84 S. 63(1) in force at 28.2.2011 in so far as not already in force by S.S.I. 2011/157, art. 2(a)

I85 S. 63(2)-(5) in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

64 Power to use personal data to check applicant's identity S

(1) Ministers may use information given to them by personal data holders to check evidence of identity given to them for the purposes of section 62.

(2) Personal data holders are—

• The Identity and Passport Service

• The Driver and Vehicle Licensing Agency

• Ministers of the Crown in connection with keeping of records of national insurance numbers

• Such other persons holding data about individuals as may be prescribed

Commencement Information

I86 S. 64(1) in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

I87 S. 64(2) in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.

I88 S. 64(2) in force at 28.2.2011 in so far as not already in force by S.S.I. 2011/157, art. 2(a)

[F200 Offences relating to confirmation of scheme membership] S

Textual Amendments

F200 S. 65 cross-heading substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(35) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

65 [F201 Falsification of confirmation of scheme membership] S

(1) It is an offence for a person, with intent to deceive, to—

(a) make a document which purports to be a [F202 confirmation of scheme membership made available under section 54],

(b) alter [F203 such a confirmation],

(c) use, or allow another person to use, [F204 such a confirmation] in a way which suggests that it relates to an individual other than the scheme member in respect of whom it was [F205 made available].

(2) It is an offence for a person to knowingly make a false or misleading declaration or other statement for the purposes of—

(a) obtaining, or enabling another person to obtain, a [F206 confirmation of scheme membership under section 54], or

(b) satisfying Ministers that an individual who is [F207 carrying out a regulated role] is not doing so.

Textual Amendments

F201 S. 65 title substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(36)(c) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F202 Words in s. 65(1)(a) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(36)(a)(i) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F203 Words in s. 65(1)(b) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(36)(a)(ii) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F204 Words in s. 65(1)(c) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(36)(a)(ii) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F205 Words in s. 65(1)(c) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(36)(a)(iii) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F206 Words in s. 65(2)(a) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(36)(b)(i) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F207 Words in s. 65(2)(b) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(36)(b)(ii) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

Commencement Information

I89 S. 65 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

66 [F208 Unlawful disclosure of confirmation of scheme membership] S

(1) A person to whom [F209 a confirmation of scheme membership is made available under section 54] commits an offence if the person discloses it to any other person.

(2) A person does not commit an offence under subsection (1) by disclosing the [F210 confirmation of scheme membership]—

(a) to any of the person's employees,

(b) where the person is not an individual, to any member or officer of the person, or

(c) where the [F211 confirmation of scheme membership was made available] for the purpose of enabling or assisting another person to consider a scheme member's suitability to [F212 carry out, or to be offered or supplied for, a regulated role]—

(i) to that other person,

(ii) to any of that other person's employees, or

(iii) where that other person is not an individual, to any member or officer of that other person.

(3) An individual to whom [F213 a confirmation of scheme membership] is disclosed lawfully by virtue of subsection (2)(a) or (b) or (4)(a) commits an offence if the individual discloses it to any other person.

(4) An individual does not commit an offence under subsection (3) by disclosing the [F214 confirmation of scheme membership], in the course of the individual's duties—

(a) to any other individual who is a member, officer or employee of the person to whom the [F215 confirmation of scheme membership was made available under section 54], or

(b) where the [F216 confirmation of scheme membership was made available] for the purpose of enabling or assisting another person to consider a scheme member's suitability to [F217 carry out, or to be offered or supplied for, a regulated role]—

(i) to that other person,

(ii) to any of that other person's employees, or

(iii) where that other person is not an individual, to any member or officer of that other person.

(5) A person to whom [F218 a confirmation of scheme membership made available under section 54] is disclosed lawfully by virtue of subsection (2)(c)(i) or (4)(b)(i) commits an offence if the person discloses it to any other person.

(6) A person does not commit an offence under subsection (5) by disclosing the [F219 confirmation of scheme membership]—

(a) to any of the person's employees, or

(b) where the person is not an individual, to any member or officer of the person.

(7) An individual to whom [F220 a confirmation of scheme membership made available under section 54] is disclosed lawfully by virtue of subsection (2)(c)(ii) or (iii), (4)(b)(ii) or (iii) or (6) commits an offence if the person discloses it to any other person.

(8) An individual does not commit an offence under subsection (7) by disclosing the [F221 confirmation of scheme membership], in the course of the individual's duties, to any other individual who is a member, officer or employee of the person for whose purposes the [F222 confirmation of scheme membership was made available under section 54].

(9) A person to whom [F223 a confirmation of scheme membership made available under section 54] is disclosed unlawfully commits an offence if the person discloses it to any other person.

Textual Amendments

F208 S. 66 title substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(37)(k) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F209 Words in s. 66(1) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(37)(a) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F210 Words in s. 66(2) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(37)(b)(i) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F211 Words in s. 66(2)(c) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(37)(b)(ii) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F212 Words in s. 66(2)(c) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(37)(c) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F213 Words in s. 66(3) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(37)(d) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F214 Words in s. 66(4) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(37)(e)(i) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F215 Words in s. 66(4)(a) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(37)(e)(ii) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F216 Words in s. 66(4)(b) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(37)(e)(iii) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F217 Words in s. 66(4)(b) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(37)(c) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F218 Words in s. 66(5) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(37)(f) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F219 Words in s. 66(6) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(37)(g) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F220 Words in s. 66(7) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(37)(h) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F221 Words in s. 66(8) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(37)(i) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F222 Words in s. 66(8) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(37)(i)(ii) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F223 Words in s. 66(9) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(37)(j) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

Commencement Information

I90 S. 66 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

67 [F224 Unlawful requests for and use of confirmation of scheme membership] S

(1) It is an offence to request provision of, or to otherwise seek sight of, a [F225 confirmation of scheme membership under section 54] for a purpose other than the permitted purpose.

(2) It is an offence to use [F226 a confirmation of scheme membership made available under section 54] for a purpose other than the permitted purpose.

(3) The permitted purpose is to enable or assist a person (“Z”) to consider the suitability of the individual to whom the [F227 confirmation of scheme membership] relates—

[F228 (a) to carry out, or to be offered or supplied for, the type of regulated role to which the confirmation of scheme membership relates,]

(b) to [F229 carry out that type of regulated role] in prescribed circumstances for any person other than Z in pursuance of arrangements under which services are provided to Z.

F230 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F224 S. 67 Title substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(38)(e) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F225 Words in s. 67(1) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(38)(a) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F226 Words in s. 67(2) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(38)(b) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F227 Words in s. 67(3) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(38)(c)(i) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F228 S. 67(3)(a) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(38)(c)(ii) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F229 Words in s. 67(3)(b) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(38)(c)(iii) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F230 S. 67(4) repealed (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(38)(d) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

Commencement Information

I91 S. 67(1)(2)(3)(a)(4) in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

I92 S. 67(3)(b) in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.

I93 S. 67(3)(b) in force at 28.2.2011 in so far as not already in force by S.S.I. 2011/157, art. 2(a)

68 Unlawful disclosure etc.: supplementary S

(1) Nothing in section 66 prevents disclosure of [F231 a confirmation of scheme membership made available under section 54]—

(a) by the scheme member to whom the [F232 confirmation of scheme membership] relates,

(b) by any other person with the consent of the scheme member to whom the [F233 confirmation of scheme membership] relates,

(c) to an office-holder in the Scottish Administration or a government department,

(d) to a person appointed to any office by virtue of any enactment,

(e) in accordance with any obligation to provide information imposed by virtue of any enactment,

(f) for the purposes of answering a prescribed type of exempted question, or

(g) for some other prescribed purpose.

(2) Nothing in subsections (2), (4), (6) or (8) of section 66 makes lawful any disclosure of [F234 a confirmation of scheme membership made available under section 54] otherwise than for the purpose of enabling or assisting the person in relation to whom the [F235 confirmation of scheme membership was made available under section 54] to consider the suitability of the scheme member concerned to [F236 carry out, or to be offered or supplied for, the type of regulated role] concerned.

(3) Nothing in section 67 prevents use of [F237 a confirmation of scheme membership made available under section 54] for a purpose other than the permitted purpose—

(a) by the scheme member to whom the [F238 confirmation of scheme membership] relates,

(b) by any other person with the consent of the scheme member to whom the [F239 confirmation of scheme membership] relates,

(c) by an office-holder in the Scottish Administration or a government department,

(d) by a person appointed to any office by virtue of any enactment,

(e) in accordance with any obligation to provide information imposed by virtue of any enactment,

(f) in order to answer a prescribed type of exempted question, or

(g) in any other prescribed circumstances.

[F240 (4) In sections 66 and 67(2) and in this section, references to a confirmation of scheme membership include references to any information contained in a confirmation of scheme membership.]

(5) “Exempted question”, where used in subsections (1)(f) and (3)(f), means a question in relation to which section 4(2)(a) or (b) of the Rehabilitation of Offenders Act 1974 (c. 53) has been excluded by order made under section 4(4) of that Act.

Textual Amendments

F231 Words in s. 68(1) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(39)(b)(i) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F232 Words in s. 68(1)(a) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(39)(b)(ii) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F233 Words in s. 68(1)(b) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(39)(b)(ii) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F234 Words in s. 68(2) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(39)(c)(i) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F235 Words in s. 68(2) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(39)(c)(ii) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F236 Words in s. 68(2) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(39)(a) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F237 Words in s. 68(3) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(39)(d)(i) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F238 Words in s. 68(3)(a) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(39)(d)(ii) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F239 Words in s. 68(3)(b) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(39)(d)(ii) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F240 S. 68(4) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(39)(e) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

Commencement Information

I94 S. 68 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

69 [F241 Penalties for offences relating to confirmation of scheme membership] S

A person guilty of an offence under section 65, 66 or 67 is liable on summary conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding level 5 on the standard scale, or to both.

Textual Amendments

F241 S. 69 title substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(40) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

Commencement Information

I95 S. 69 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

Fees, forms and other procedures S

70 Fees S

(1) Ministers may charge such fee as may be prescribed—

(a) in respect of applications to join, or to be removed from, the Scheme [F242 or to renew membership of the Scheme],

(b) in respect of [F243 requests for confirmations of scheme membership under section 54], and

(c) otherwise in respect of the performance of their functions under this Part.

(2) Regulations may, in particular, provide for—

(a) different fees in different circumstances,

(b) annual or other recurring fees in respect of participation in the Scheme,

(c) reduction, waiver or refund of fees in prescribed circumstances.

[F244 (d) the manner in which fees are to be paid.]

(3) Before prescribing fees under this section, Ministers must have regard to—

(a) the circumstances in which those fees are payable, and

(b) the desirability of maintaining an appropriate balance among—

(i) the quality of the performance of their vetting, barring and disclosure functions,

(ii) the cost of that performance, and

(iii) the fees paid to them in respect of that performance.

(4) Where regulations provide for a fee to be charged in respect of—

(a) an application to join, or to be removed from, the Scheme [F245 or to renew membership of the Scheme,], or

(b) a [F246 request for confirmation of scheme membership under section 54],

Ministers need not consider the application or request unless the fee is paid [F247 in the manner provided for in the regulations].

Textual Amendments

F242 Words in s. 70(1)(a) inserted (30.9.2024 for specified purposes) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(41)(a)(i) (with s. 96); S.S.I. 2024/242, reg. 2, sch.

F243 Words in s. 70(1)(b) substituted (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(41)(a)(ii) (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.

F244 S. 70(2)(d) inserted (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(41)(b) (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.

F245 Words in s. 70(4)(a) inserted (30.9.2024 for specified purposes) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(41)(c)(i) (with s. 96); S.S.I. 2024/242, reg. 2, sch.

F246 Words in s. 70(4)(b) substituted (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(41)(c)(ii) (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.

F247 Words in s. 70(4) inserted (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(41)(c)(iii) (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.

Commencement Information

I96 S. 70(1)-(3) in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.

I97 S. 70(1)-(3) in force at 28.2.2011 in so far as not already in force by S.S.I. 2011/157, art. 2(a)

I98 S. 70(4) in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

71 Forms S

(1) It is for Ministers to determine the form and manner in which—

(a) applications to join, or to be removed from, the Scheme,

(b) requests to correct a scheme record, and

[F248 (c) requests for confirmation of scheme membership under section 54 (including a statement under subsection (3) of that section),]

must be made.

(2) Ministers may, in particular, determine that any such application, request or [F249 statement] may be made in electronic form.

(3) Ministers need not consider any such application, request or [F250 statement] unless it is made in the form and manner determined by them (or in a form and manner as close to that as circumstances permit).

Textual Amendments

F248 S. 71(1)(c) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(42)(a)(ii) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F249 Word in s. 71(2) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(42)(b) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F250 Word in s. 71(3) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(42)(b) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

Commencement Information

I99 S. 71 in force at 12.10.2010 by S.S.I. 2010/344, art. 2(a)(iii)

72 Procedure S

(1) Ministers may, by regulations, make such further provision about the administration of the Scheme as they think fit.

(2) Regulations may, in particular—

(a) prescribe further procedure relating to applications to join, or to be removed from, the Scheme [F251 or to renew membership of the Scheme],

(b) prescribe circumstances in which scheme members are to be removed from the Scheme,

F252 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F253 (d) prescribe further procedure for making requests for confirmations of scheme membership under section 54 and making such confirmations available in pursuance of such requests.]

Textual Amendments

F251 Words in s. 72(2)(a) inserted (30.9.2024 for specified purposes) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(43)(a) (with s. 96); S.S.I. 2024/242, reg. 2, sch.

F252 S. 72(2)(c) repealed (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(43)(b) (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.

F253 S. 72(2)(d) substituted (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(43)(c) (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.

Commencement Information

I100 S. 72 in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.

I101 S. 72 in force at 28.2.2011 in so far as not already in force by S.S.I. 2011/157, art. 2(a)

Supplementary S

73 Consideration of suitability S

References in this Part to a person (“A”) considering an individual's suitability [F254 to carry out, or to be offered or supplied for, any type of regulated role] are references to A considering the individual's suitability—

(a) to [F255 carry out that type of regulated role] for A,

(b) to be supplied by A to [F256 carry out that type of regulated role] for another person,

F257 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F257 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F257 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F257 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) for any other prescribed purpose.

Textual Amendments

F254 Words in s. 73 substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(44)(a) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F255 Words in s. 73(a) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(44)(b) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F256 Words in s. 73(b) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(44)(b) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F257 S. 73(c)-(f) repealed (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(44)(c) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

Commencement Information

I102 S. 73(a)-(f) in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

I103 S. 73(g) in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.

I104 S. 73(g) in force at 28.2.2011 in so far as not already in force by S.S.I. 2011/157, art. 2(a)

74 Delegation of vetting and disclosure functions S

(1) Ministers may, to such extent and subject to such conditions as they think appropriate, delegate any of their functions under this Part (other than excepted functions) to such person as they may determine.

(2) An excepted function is a function—

(a) relating to the making of regulations or orders,

(b) under section 71, or

(c) relating to the determination of an appropriate fee under section 75(4).

(3) A delegation under subsection (1) may be varied or revoked at any time.

(4) No proceedings are competent against a person performing functions delegated under this section by reason of an inaccuracy in the information made available or provided to the person in accordance with section 63(4) or 75.

Commencement Information

I105 S. 74 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

75 Sources of information S

(1) Any person who holds records of convictions, cautions or other information for the use of police forces generally must make those records available to Ministers for the purposes of enabling or assisting them to perform their functions under this Part.

(2) [F258 The chief constable] must, as soon as practicable, comply with a request by Ministers to provide them with information of the type described in section 49(1)(c) for the purposes of enabling or assisting them to perform their functions under this Part.

F259 (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) [F260 The chief constable] must not provide information to Ministers under subsection (2) if the [F261 chief constable ] thinks that disclosing that information to the individual to whom it relates would be contrary to the interests of the prevention or detection of crime.

(4) Ministers must pay the [F262 Scottish Police Authority ] such fee as Ministers think appropriate for information provided under subsection (2).

(5) No proceedings are competent against Ministers by reason of an inaccuracy in the information made available or provided to them in accordance with this section or section 63(4) [F263 (or in pursuance of any other power or duty to provide information to Ministers in relation to their functions under this Part)].

F264 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F258 Words in s. 75(2) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 36(4)(a); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F259 S. 75(2A) repealed (1.4.2025) by The Disclosure (Scotland) Act 2020 (Incidental, Supplementary and Consequential Provision) Regulations 2025 (S.S.I. 2025/74), reg. 1(1), sch. 1 para. 2(6); S.S.I. 2025/27, reg. 3, sch.

F260 Words in s. 75(3) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 36(4)(b)(i); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F261 Words in s. 75(3) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 36(4)(b)(ii); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F262 Words in s. 75(4) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 36(4)(c); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F263 Words in s. 75(5) inserted (18.4.2010 for specified purposes, coming into force in accordance with art. 1(2)) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010 (S.S.I. 2010/446), arts. 1(2), 10(5)

F264 S. 75(6) repealed (1.4.2025) by The Disclosure (Scotland) Act 2020 (Incidental, Supplementary and Consequential Provision) Regulations 2025 (S.S.I. 2025/74), reg. 1(1), sch. 1 para. 2(6); S.S.I. 2025/27, reg. 3, sch.

Commencement Information

I106 S. 75 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

76 Police access to scheme information S

(1) Ministers must make available to [F265 the chief constable]—

(a) the name of each individual participating in the Scheme,

(b) confirmation of whether each such individual participates in the Scheme in relation to [F266 regulated roles] with—

(i) children,

(ii) adults, or

(iii) both, and

(c) any other information held by Ministers by virtue of their administration of the Scheme which Ministers consider would enable or assist [F267 constables of the Police Service of Scotland ] to satisfy themselves as to the identity of such individuals.

(2) Information disclosed under subsection (1) may be used by [F268 constables of the Police Service of Scotland] only for [F269 —

(a) the performance of the chief constable's functions under this Part, or

(b) the law enforcement purposes within the meaning of section 31 of the Data Protection Act 2018].

Textual Amendments

F265 Words in s. 76(1) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 36(5)(a)(i); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F266 Words in s. 76(1)(b) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(45) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F267 Words in s. 76(1)(c) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 36(5)(a)(ii); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F268 Words in s. 76(2) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 36(5)(b); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F269 Words in s. 76(2) inserted (10.12.2021) for words by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 12(8) (with s. 96); S.S.I. 2021/380, reg. 2, sch.

Commencement Information

I107 S. 76 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

77 [F270 Disclosure of whether an individual is under consideration for listing] S

(1) [F271 A confirmation of scheme membership made available under section 54 or a Level 2 disclosure made available under section 18 of the Disclosure (Scotland) Act 2020] must not disclose whether Ministers are considering whether to list an individual [F272 (or details of any conditions that Ministers have imposed under section 13A(1))] if Ministers have not made a decision under section 15 or, as the case may be, 16 within the relevant period.

[F273 (1A) Subsection (1) applies despite—

(a) section 46(2)(c) or (d) of this Act,

(b) section 16(4)(a)(iii) or (iv) or (b)(iii) or (iv) of the Disclosure (Scotland) Act 2020, or

(c) section 17(3)(b) or (c) of that Act,

(as the case may be).]

(2) The relevant period is—

(a) where the information which caused Ministers to consider whether to list the individual is the subject of legal or disciplinary proceedings, the period of 6 months which begins on the date on which the proceedings are finally determined,

(b) in any other case, the period of 6 months which begins on the date on which Ministers made a decision under section 10, 11, 12 [F274 , 13 or 45B(7)] to consider whether to list the individual, or

(c) where either of the periods mentioned in paragraphs (a) and (b) is extended under subsection (3), the extended period.

(3) The sheriff may, on an application by Ministers and on cause shown, extend the period mentioned in paragraph (a) or (b) of subsection (2) (or, as the case may be, that period as previously extended under this subsection).

(4) A period may not be extended (or further extended) under subsection (3) for a period of longer than 6 months beginning with the date on which the extension (or further extension) is granted.

(5) An application under subsection (3) must be made before the expiry of the relevant period.

(6) Where an application under subsection (3) is made, the relevant period is to be treated for the purposes of subsection (1) as not having expired until the application is determined.

(7) The sheriff may, on cause shown, dispense with any requirement—

(a) to intimate an application under subsection (3) to the individual,

(b) to notify the individual of any interlocutor relating to the application.

(8) For the purposes of subsection (5), an application is made when it is lodged with the sheriff clerk.

(9) Any court proceedings under subsection (3) may take place in private if the sheriff considers it appropriate in all the circumstances.

(10) For the purposes of subsection (2)(a), proceedings are finally determined when—

(a) the proceedings are terminated or abandoned without a decision being made,

(b) a decision is made against which no appeal lies, or

(c) where a decision is made which may be appealed, the period during which an appeal (other than an appeal which need not be timeous) may be brought expires without an appeal being brought.

(11) For the purposes of subsection (10), an appeal which need not be timeous is—

(a) an appeal under Part 8 (appeals from solemn proceedings) of the 1995 Act in relation to which the High Court must, if the appeal is to be competent, extend the time within which intimation of intention to appeal or note of appeal or both may be given,

(b) an appeal under Part 10 (appeals from summary proceedings) of the 1995 Act in relation to which the High Court must, if the appeal is to be competent, extend the time within which an application for a stated case may be made, or

(c) an appeal under section 191 (appeal by suspension on ground of miscarriage of justice) of the 1995 Act.

Textual Amendments

F270 S. 77 title substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(47) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F271 Words in s. 77(1) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(46)(a)(i) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch. (with reg. 15) (as amended by S.S.I. 2025/73, regs. 1, 2(2))

F272 Words in s. 77(1) inserted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(46)(a)(ii) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F273 S. 77(1A) inserted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(46)(b) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch. (with reg. 15) (as amended by S.S.I. 2025/73, regs. 1, 2(2))

F274 Words in s. 77(2)(b) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(46)(c) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch. (with reg. 15) (as amended by S.S.I. 2025/73, regs. 1, 2(2))

Modifications etc. (not altering text)

C6 S. 77 modified (28.2.2011) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Savings and Transitional Provisions) Order 2010 (S.S.I. 2010/180), arts. 1, 7

Commencement Information

I108 S. 77 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

Part 3 S Amendment of Part 5 of the Police Act 1997

78 Information in criminal conviction and record certificates S

(1) In section 112(2) of the 1997 Act, for the words from “or” immediately following paragraph (a) to the end of paragraph (b) substitute “(or states that there is no such conviction); and

(b) if the applicant is subject to notification requirements under Part 2 of the Sexual Offences Act 2003 (c. 42), states that fact.”.

(2) Section 113A of the 1997 Act is amended as follows—

(a) in subsection (3), for the words from “or” immediately following paragraph (a) to the end of paragraph (b) substitute “(or states that there is no such matter); and

(b) if the applicant is subject to notification requirements under Part 2 of the Sexual Offences Act 2003 (c. 42), states that fact.”,

(b) in the definition of “central records” in subsection (6), for “and cautions” substitute “ , cautions or other information ”,

(c) in the definition of “relevant matter” in that subsection, the word “and” immediately following paragraph (a) is repealed,

(d) at the end of paragraph (b) of that definition, insert “and

(c) a prescribed court order.”.

(3) In section 119(1) of the 1997 Act, for “or cautions” substitute “ , cautions or other information ”.

(4) In section 119A of the 1997 Act—

(a) in subsection (1), after “convictions” insert “ or other information ”,

(b) in subsection (2), for “or cautions” substitute “ , cautions or other information ”.

Commencement Information

I109 S. 78(2)-(4) in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 3)

79 Form of Part 5 applications S

(1) In each of the following provisions of the 1997 Act, the words “in the prescribed manner and form” are repealed—

• section 112(1)(a)

• section 113A(1)(a)

• section 113B(1)(a)

• section 114(1)(a)

• section 116(1)(a)

(2) In sections 117(1) and 120(2) of the 1997 Act, the words “in writing” are repealed.

(3) After section 125 of the 1997 Act insert—

“125A Form of applications

(1) It is for the Scottish Ministers to determine the form and manner in which applications must be made for the purposes of sections 112(1)(a), 113A(1)(a), 113B(1)(a), 114(1)(a), 116(1)(a), 117(1), and 120(2).

(2) The Scottish Ministers may, in particular, determine that such applications may be made in electronic form (and may be signed or countersigned electronically).

(3) The Scottish Ministers need not consider any such application unless it is made in the form and manner determined by them (or in a form and manner as close to that as circumstances permit).”.

Commencement Information

I110 S. 79 in force at 11.1.2008 by S.S.I. 2007/564, art. 2, Sch.

80 Payment of fee for information from certain police forces S

In section 113B of the 1997 Act, after subsection (5) insert—

“(5A) The Scottish Ministers must pay to such body as may be prescribed such fee as they think appropriate for information received from the chief officer of a body mentioned in subsection (10)(j) to (m) as a result of a request under subsection (4) or (5).”.

Commencement Information

I111 S. 80 in force at 11.1.2008 by S.S.I. 2007/564, art. 2, Sch.

81 Regulations about registration S

(1) Section 120 of the 1997 Act is amended as follows—

(a) in subsection (2), for “section 120A and regulations under subsection (3)” substitute “ sections 120ZB and 120A ”,

(b) subsection (3) is repealed.

(2) Before section 120A of the 1997 Act insert—

“120ZB Regulations about registration

(1) The Scottish Ministers may by regulations make further provision about registration.

(2) Regulations under this section may in particular make provision for—

(a) the payment of fees;

(b) the information to be included in the register;

(c) the registration of any person to be subject to conditions;

(d) the nomination by—

(i) a body corporate or unincorporated; or

(ii) a person appointed to an office by virtue of an enactment, whether that body or person is registered or applying to be registered,

of an individual to act for the body or, as the case may be, person in relation to disclosure applications;

(e) the refusal by the Scottish Ministers, on such grounds as may be specified in or determined under the regulations, to accept or to continue to accept any nomination made by virtue of this section;

(f) the refusal by the Scottish Ministers to include persons who, in the opinion of the Scottish Ministers, are likely to act in relation to fewer disclosure applications in any period of 12 months than a minimum number specified in the regulations;

(g) the removal from the register of persons who have, in any period of 12 months during which they were registered, acted in relation to fewer disclosure applications than the minimum number specified under paragraph (f);

(h) the removal from the register of persons who are, in the opinion of the Scottish Ministers, no longer likely to wish to act in relation to disclosure applications;

(i) the removal from the register of any person who has breached any condition of the person's registration; and

(j) the period which must elapse before any person refused registration or removed from the register may apply to be included in the register.

(3) The provision which may be made by virtue of subsection (2)(c) includes provision—

(a) for the registration or continued registration of any person to be subject to prescribed conditions or, if the regulations so provide, such conditions as the Scottish Ministers think fit; and

(b) for the Scottish Ministers to vary or revoke those conditions.

(4) In subsection (2), references to acting in relation to disclosure applications are to be read as references to—

(a) countersigning applications under section 113A or 113B; or

(b) making declarations in relation to requests for disclosures under section 52 or 53 of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14).”.

(3) Section 124A of the 1997 Act is amended as follows—

(a) in subsection (1), for “section 120(3)(b)” substitute “ section 120ZB(2)(h) ”, and

(b) in subsection (3), for “section 120(3)(ac)” substitute “ section 120ZB(2)(j) ”.

Commencement Information

I112 S. 81(1)(3) in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 4)

I113 S. 81(2) in force at 12.10.2010 by S.S.I. 2010/344, art. 2(a)(iv)

Part 4 S School care accommodation services

82 Meaning of “school care accommodation service” S

(1) In section 2 of the 2001 Act, for subsection (4) substitute—

“(4) A school care accommodation service is a service which—

(a) consists of the provision of residential accommodation to a pupil in a place in or outwith a public, independent or grant-aided school;

(b) is provided (whether or not during term-time) for the purpose of or in connection with the pupil's attendance at the school (whether current or otherwise); and

(c) is provided to the pupil by—

(i) an education authority or the managers of an independent or grant-aided school; or

(ii) any person under arrangements made between that person and any such authority or managers.

(4A) For the purposes of subsection (4)(c)(i) above, a service which—

(a) falls within the description given by subsection (4)(a), (b) and (c)(ii) above; and

(b) is provided to the pupil in domestic premises,

is to be regarded as being provided by that authority or (as the case may be) those managers.

(4B) A service may be excepted from the definition in subsection (4) above by regulations.”.

(2) In section 77(1) of the 2001 Act, in the definition of “school care accommodation service”, for “has the meaning given by subsection (4) of section 2” substitute “ is to be construed in accordance with subsections (4) to (4B) of section 2 of ”.

Commencement Information

I114 S. 82 in force at 1.9.2007 by S.S.I. 2007/385, art. 2, Sch.

83 Application of fire safety rules to school care accommodation service S

In section 78 of the Fire (Scotland) Act 2005 (asp 5), in subsection (5)(c), after “section)” insert “ except where the service is provided as mentioned in subsection (4)(c)(ii) of that section ”.

Commencement Information

I115 S. 83 in force at 1.9.2007 by S.S.I. 2007/385, art. 2, Sch.

Part 5 S Supplementary and general

84 Guidance S

(1) Ministers must issue guidance on such matters relating to the operation of Parts 1 and 2 of this Act as they think appropriate.

(2) Ministers may revoke or vary guidance issued under subsection (1) at any time.

Commencement Information

I116 S. 84 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

[F275 84A Guidance for chief constable S

(1) The Scottish Ministers must issue guidance to the chief constable about the exercise of the chief constable's functions under Parts 1 and 2 of this Act.

(2) The Scottish Ministers may from time to time issue revised guidance, and references in this section to guidance include revised guidance.

(3) Before issuing guidance under this section, the Scottish Ministers must consult the chief constable.

(4) The chief constable must have regard to guidance issued under this section in exercising functions under Part 1 or 2 of this Act.

(5) This section does not affect the generality of section 84.]

Textual Amendments

F275 S. 84A inserted (10.12.2021 for specified purposes, 1.4.2023 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), ss. 89, 97 (with s. 96); S.S.I. 2021/380, reg. 2, sch.; S.S.I. 2023/79, reg. 2

85 Annual report S

(1) Ministers must, in respect of each reporting year, prepare a report on the performance of their vetting, barring and disclosure functions during that year.

(2) Ministers must lay a copy of each such report before the Scottish Parliament as soon as practicable after the end of the reporting year to which it relates.

(3) A reporting year is—

(a) the period beginning with the day on which this section comes into force and ending on 31 March, and

(b) each successive year ending on that date.

Commencement Information

I117 S. 85 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

86 Transfer of Disclosure Scotland staff etc. S

(1) Ministers may by order (a “staff transfer order”) make provision for persons employed by virtue of section 9 of the Police (Scotland) Act 1967 (c. 77) (employees other than constables) by the Strathclyde Joint Police Board (the “Police Board”) to transfer to, and become members of the staff of, the Scottish Administration.

(2) A staff transfer order may specify particular persons, or types of person, to whom the order applies.

(3) Subsections (4) to (9) apply where—

(a) a person is to be transferred by virtue of a staff transfer order, and

(b) immediately before the day on which the staff transfer order comes into force in relation to the person (the “transfer day”), the person has a contract of employment with the Police Board.

(4) On and after the transfer day the contract of employment has effect as if originally made between the person and Ministers on behalf of the Crown.

(5) On the transfer day, the rights, powers, duties and liabilities of the Police Board under or in connection with the contract of employment are transferred to Ministers.

(6) Anything done before the transfer day by or in relation to the Police Board in respect of the contract of employment or the person is to be treated on and after that day as having been done by or in relation to Ministers.

(7) If, before the transfer day, the person gives notice to Ministers or the Police Board that the person objects to becoming a member of staff of the Scottish Administration—

(a) the contract of employment with the Police Board is, on the day immediately preceding the day that would, but for the objection, have been the transfer day, terminated, and

(b) the person is not to be treated (whether for the purpose of any enactment or otherwise) as having been dismissed by virtue of the giving of such notice.

(8) Nothing in this section prejudices any right of the person to terminate the contract of employment if a substantial detrimental change in the person's working conditions is made.

(9) Where—

(a) the identity of the person's employer changes by virtue of the making of a staff transfer order, and

(b) it is shown that, in all the circumstances, the change is significant and detrimental to the person,

the person has the right to terminate the contract of employment.

(10) A staff transfer order may make such further provision about such transfers as Ministers think fit.

Commencement Information

I118 S. 86 in force at 1.9.2007 by S.S.I. 2007/385, art. 2, Sch.

87 Power to give effect to corresponding legislation in England, Wales and Northern Ireland S

(1) Ministers may by order make such provision as they consider appropriate in consequence of, or for the purposes of giving full effect to, any provision made by virtue of the Safeguarding Vulnerable Groups Act 2006 (c. 47).

(2) Ministers may by order make such provision as they consider appropriate in consequence of, or for the purposes of giving full effect to, any legislation which forms part of the law of Northern Ireland which in Ministers' opinion—

(a) corresponds to provision made by virtue of this Act, or

(b) affects the operation of any provision made by virtue of this Act.

(3) An order under subsection (1) or (2) may modify any enactment, instrument or document.

Commencement Information

I119 S. 87 in force at 11.1.2008 by S.S.I. 2007/564, art. 2, Sch.

88 Modification of enactments S

Schedule 4 contains minor amendments and amendments and repeals consequential on the provisions of this Act.

Commencement Information

I120 S. 88 in force at 1.9.2007 for specified purposes by S.S.I. 2007/385, art. 2, Sch.

I121 S. 88 in force at 11.1.2008 for specified purposes by S.S.I. 2007/564, art. 2, Sch.

I122 S. 88 in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.

I123 S. 88 in force at 28.2.2011 in so far as not already in force by S.S.I. 2011/157, art. 2(a)

89 Offences by bodies corporate etc. S

(1) Where—

(a) an offence under this Act has been committed by—

(i) a body corporate,

(ii) a Scottish partnership, or

(iii) an unincorporated association other than a Scottish partnership, and

(b) it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of—

(i) a relevant individual, or

(ii) an individual purporting to act in the capacity of a relevant individual,

that individual as well as the body corporate, partnership or, as the case may be, unincorporated association is guilty of the offence and is liable to be proceeded against and punished accordingly.

(2) In subsection (1), “relevant individual” means—

(a) in relation to a body corporate other than a council—

(i) a director, manager, secretary or other similar officer of the body,

(ii) where the affairs of the body are managed by its members, the members,

(b) in relation to a council, an officer or member of the council,

(c) in relation to a Scottish partnership, a partner, and

(d) in relation to an unincorporated association other than a Scottish partnership, a person who is concerned in the management or control of the association.

(3) Any penalty imposed on a body corporate, Scottish partnership or unincorporated association on conviction of an offence under this Act is to be recovered by civil diligence in accordance with section 221 of the 1995 Act.

Commencement Information

I124 S. 89 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

90 Crown application S

(1) This Act binds the Crown.

(2) But subordinate legislation made under this Act need not bind the Crown.

(3) No contravention by the Crown of a provision made by or under this Act makes the Crown criminally liable.

(4) But the Court of Session may, on the application of any public body or office-holder having responsibility for enforcing that provision, declare unlawful any act or omission of the Crown which constitutes such a contravention.

(5) Despite subsection (3), the provisions made by and under this Act apply to persons in the public service of the Crown as they apply to other persons.

Commencement Information

I125 S. 90 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

Part 6 S Interpretation

[F276 91 Regulated roles S

(1) A regulated role means a regulated role with children or adults.

(2) A regulated role with children has the meaning given in schedule 2.

(3) A regulated role with adults has the meaning given in schedule 3.

(4) In this Act, there are two types of regulated roles—

(a) regulated roles with children, and

(b) regulated roles with adults.

(5) References in this Act to types of regulated roles are to be construed accordingly.]

Textual Amendments

F276 S. 91 substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), ss. 74(2), 97 (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch. (with reg. 12)

92 [F277 Individuals barred from regulated roles] S

(1) An individual is barred from regulated [F278 roles] with children if the individual is—

(a) listed in the children's list,

(b) included in the children's barred list maintained under section 2 of the Safeguarding Vulnerable Groups Act 2006 (c. 47),

(c) included (otherwise than provisionally) in the list kept under article 3 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003, or

(d) an individual falling within subsection (3).

(2) An individual is barred from regulated [F279 roles] with adults if the individual is—

(a) listed in the adults' list,

(b) included in the adults' barred list maintained under section 2 of the Safeguarding Vulnerable Groups Act 2006 (c. 47),

(c) included (otherwise than provisionally) in the list kept under article 35 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003, or

(d) an individual falling within subsection (4).

(3) An individual falls within this subsection if, under the law of the Channel Islands, the Isle of Man, any British overseas territory or any other territory or country outwith the United Kingdom, the individual is subject to a prohibition or disqualification which Ministers by order provide corresponds to being barred from regulated [F280 roles] with children by virtue of any of paragraphs (a) to (c) of subsection (1).

(4) An individual falls within this subsection if, under the law of the Channel Islands, the Isle of Man, any British overseas territory or any other territory or country outwith the United Kingdom, the individual is subject to a prohibition or disqualification which Ministers by order provide corresponds to being barred from regulated [F281 roles] with adults by virtue of any of paragraphs (a) to (c) of subsection (2).

(5) Ministers may by order substitute such other list maintained under the law of England and Wales or, as the case may be, Northern Ireland, which in Ministers' opinion corresponds to the children's list for a list mentioned in subsection (1)(b) and (c).

(6) Ministers may by order substitute such other list maintained under the law of England and Wales or, as the case may be, Northern Ireland, which in Ministers' opinion corresponds to the adults' list for a list mentioned in subsection (2)(b) or (c).

Textual Amendments

F277 S. 92 title substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(49) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F278 Word in s. 92(1) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(48)(a) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F279 Word in s. 92(2) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(48)(a) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F280 Word in s. 92(3) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(48)(b) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F281 Word in s. 92(4) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(48)(b) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

Modifications etc. (not altering text)

C7 S. 92 modified (28.2.2011) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Corresponding Disqualifications) Order 2010 (S.S.I. 2010/346), arts. 1, 2

Commencement Information

I126 S. 92(1)(2) in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

I127 S. 92(3)-(6) in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.

I128 S. 92(3)-(6) in force at 28.2.2011 in so far as not already in force by S.S.I. 2011/157, art. 2(a)

93 Meaning of “harm” S

(1) For the purposes of this Act, an individual (“A”) harms another (“B”) if—

(a) A's conduct causes B physical harm,

(b) A's conduct causes B psychological harm (for example: by putting B in a state of fear, alarm or distress), or

(c) A engages in unlawful conduct which appropriates or adversely affects B's property, rights or interests (for example: theft, fraud, embezzlement or extortion),

and references to harm are to be construed accordingly.

(2) For the purposes of this Act, an individual (“C”) places another (“D”) at risk of harm if—

(a) C attempts to harm D,

(b) C incites another to harm D,

(c) C encourages D to self-harm, or

(d) C's conduct otherwise causes, or is likely to cause, D to be harmed,

and references to being placed at risk of harm are to be construed accordingly.

Commencement Information

I129 S. 93 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

94 Meaning of “protected adult” S

(1) For the purposes of this Act, a “protected adult” is—

[F282 (a) an individual aged 18 or over who, by reason of physical or mental disability, illness, infirmity or ageing—

(i) has an impaired ability to protect themself from physical or psychological harm, or

(ii) requires assistance with the activities of daily living,

(b) in relation to a regulated role with adults that involves the carrying out of activities mentioned in paragraph 17 of Part 2 of schedule 3, an individual aged 18 or over who—

(i) is homeless (within the meaning of section 24 of the Housing (Scotland) Act 1987), or

(ii) has experienced, is experiencing or is at risk of experiencing domestic abuse,

(c) in relation to a regulated role with adults that involves the carrying out of activities mentioned in one or more of paragraphs 6 to 12 of Part 2 of schedule 3 (health care), an individual aged 18 or over who is being provided with a prescribed health service, or

(d) in relation to a regulated role with adults that involves the carrying out of such of the activities mentioned in Part 2 of schedule 3 as may be prescribed, an individual aged 18 or over who is being provided with—

(i) a prescribed support service,

(ii) a prescribed adult placement service,

(iii) a prescribed care home service,

(iv) a prescribed housing support service,

(v) a prescribed community care service, or

(vi) a prescribed welfare service.]

(2) Ministers may by order modify subsection (1) in order to change the definition of “protected adult” as they think appropriate.

[F283 (2A) In subsection (1)(b)(ii), “domestic abuse” means behaviour (whether or not amounting to a criminal offence) that—

(a) is perpetrated between partners or ex-partners, whether in the home or elsewhere or by means of electronic or other forms of communications, and

(b) involves any form of physical, verbal, sexual, psychological, emotional or financial abuse of one of the partners or ex-partners by the other.

(2B) For the purposes of subsection (2A), a person is a partner of another person if they are—

(a) married to each other,

(b) civil partners of each other,

(c) living with each other as if they were married to each other, or

(d) otherwise in an intimate relationship with each other,

and the references to ex-partners are to be construed accordingly.]

(3) Expressions used in [F284 —

(a) [F285 sub-paragraphs (i) to (iv) of subsection (1)(d)] have the same meaning as in schedule 12 to the 2010 Act,

F286 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

F286 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In [F287 sub-paragraph (v) of] [F288 subsection (1)(d)]—

• “community care service” has the same meaning as in the Social Work (Scotland) Act 1968 (c. 49),

• F289 ...

(5) In [F290 sub-paragraph (vi) of subsection (1)(d)], “welfare service” includes any service which provides support, assistance, advice or counselling to individuals with particular needs.

Textual Amendments

F282 Words in s. 94(1) substituted (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), ss. 75(2), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.

F283 S. 94(2A)(2B) inserted (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), ss. 75(3), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.

F284 Words in s. 94(3) substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 33(b); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.

F285 Words in s. 94(3)(a) substituted (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), ss. 75(4)(a), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.

F286 S. 94(3)(b)(c) repealed (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), ss. 75(4)(b), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.

F287 Words in s. 94(4) inserted (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), ss. 75(5)(a), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.

F288 Words in s. 94(4) substituted (1.4.2025) by The Disclosure (Scotland) Act 2020 (Incidental, Supplementary and Consequential Provision) Regulations 2025 (S.S.I. 2025/74), reg. 1(1), sch. 1 para. 2(7); S.S.I. 2025/27, reg. 3, sch.

F289 Words in s. 94(4) repealed (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), ss. 75(5)(b), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.

F290 Words in s. 94(5) substituted (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), ss. 75(6), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.

F291 95 Meaning of “work” S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F291 S. 95 repealed (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(50) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

96 Fostering S

(1) For the purposes of this Act, a “foster carer”, in relation to a child, is an individual other than a parent of the child—

(a) with whom the child has been placed under section 26(1)(a) (placement by councils) of the Children (Scotland) Act 1995 (c. 36) F292 ...,

(b) who looks after the child in pursuance of arrangements made by a council under 26(1)(c) (arrangements for accommodating children) of the [F293 Children (Scotland) Act 1995],

(c) who—

(i) maintains the child as a foster child for the purposes of the Foster Children (Scotland) Act 1984 (c. 56), or

(ii) otherwise looks after the child in circumstances in which that Act applies by virtue of section 17 of that Act, or

(d) who looks after the child in pursuance of—

(i) a permanence order, or

(ii) a [F294 compulsory supervision order ].

(2) A foster carer is to be treated as [F295 carrying out a regulated role with children] for—

(a) in the case of a foster carer of the type described in subsection (1)(a), the council which placed the child with that foster carer under section 26(1)(a) of the [F296 Children (Scotland) Act 1995],

(b) in the case of a foster carer of the type described in subsection (1)(b) or (c), any person who—

(i) made arrangements with the foster carer in pursuance of which the foster carer looks after the child, and

(ii) has power to terminate those arrangements,

(c) in the case of a foster carer of the type described in subsection (1)(d)(i), the council which has the right to regulate the child's residence,

(d) in the case of a foster carer of the type described in subsection (1)(d)(ii), the council in whose area the child is looked after.

(3) Sections 34 to 37 [F297 and sections 45C to 45F] do not apply in relation to [F298 the carrying out of a regulated role] as a foster carer where the [F299 role is carried out] in pursuance of —

(a) a permanence order which vests any parental responsibility or parental right in the foster carer, or

(b) a [F300 compulsory supervision order ].

F301 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) References in section 3 to dismissing an individual [F302 carrying out a regulated role] are, in relation to foster carers, to be read as references to terminating the fostering arrangements concerned.

(6) References in this section to looking after a child in pursuance of a permanence order are references to looking after a child in consequence of the exercise by the council to which the order relates of its right to regulate the child's residence.

(7) References in this section to the council's right to regulate a child's residence are references to the parental right vested in the council by virtue of section 81(1)(b) of the Adoption and Children (Scotland) Act 2007 (asp 4) (mandatory provision in permanence order).

(8) In this section—

• [F303 “compulsory supervision order” has the meaning given by section 83 of the Children’s Hearings (Scotland) Act 2011 (asp 1), ]

• “parental responsibilities” and “parental rights” have the same meaning as they have in the [F304 Children (Scotland) Act 1995],

• “permanence order” means an order made under section 80(1) of the Adoption and Children (Scotland) Act 2007 (asp 4),

• F305 ...

Textual Amendments

F292 Words in s. 96(1)(a) repealed (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 12(9)(a) (with s. 96); S.S.I. 2021/380, reg. 2, sch.

F293 Words in s. 96(1)(b) substituted (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 12(9)(b) (with s. 96); S.S.I. 2021/380, reg. 2, sch.

F294 Words in s. 96(1)(d)(ii) substituted (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, Sch. 1 para. 18(2)(a)

F295 Words in s. 96(2) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(51)(a) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F296 Words in s. 96(2)(a) substituted (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 12(9)(b) (with s. 96); S.S.I. 2021/380, reg. 2, sch.

F297 Words in s. 96(3) inserted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(51)(b)(i) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F298 Words in s. 96(3) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(51)(b)(ii) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F299 Words in s. 96(3) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(51)(b)(iii) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F300 Words in s. 96(3)(b) substituted (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, Sch. 1 para. 18(2)(a)

F301 S. 96(4) repealed (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(51)(c) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F302 Words in s. 96(5) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(51)(d) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F303 Words in s. 96(8) inserted (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, Sch. 1 para. 18(2)(b)

F304 Words in s. 96(8) substituted (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 12(9)(c) (with s. 96); S.S.I. 2021/380, reg. 2, sch.

F305 Words in s. 96(8) repealed (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, Sch. 2

Commencement Information

I130 S. 96 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

97 General interpretation S

(1) In this Act—

• “the 1995 Act” means the Criminal Procedure (Scotland) Act 1995 (c. 46),

• “the 1997 Act” means the Police Act 1997 (c. 50),

• “the 2001 Act” means the Regulation of Care (Scotland) Act 2001 (asp 8),

• [F306 “ the 2010 Act ” means the Public Services Reform (Scotland) Act 2010 (asp 8),]

• “care service” has the same meaning as in [F307 Part 5 of the 2010 Act ],

• “charity” means a body entered in the Scottish Charity Register,

• “charity trustees” has the meaning given in section 106 of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10),

• “chief constable” means the chief constable of [F308 the Police Service of Scotland ],

• “child” means an individual under the age of 18,

• “conduct” includes neglect and other failures to act,

• [F309 “conviction” means a conviction within the meaning of the Rehabilitation of Offenders Act 1974; and references to “convicted” (other than in section 14) are to be construed accordingly,]

• “council” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39),

• “disciplinary proceedings” means proceedings in which the regulatory body for a profession is to decide whether disciplinary action should be taken against an individual carrying on that profession,

• [F310 “Disclosure and Barring Service” and “DBS” mean the body established by section 87(1) of the Protection of Freedoms Act 2012,]

• F311 ...

• F311 ...

• F311 ...

• “employment” means paid employment, whether under a contract of service or apprenticeship or under a contract for services (and “employee” and related words are to be construed accordingly),

• “employment agency” means the business (whether or not carried on with a view to profit and whether or not carried on in conjunction with any other business) of providing services (whether by the provision of information or otherwise) for the purpose of finding individuals employment with employers or of supplying employers with individuals for employment by them,

• “employment business” means the business (whether or not carried on with a view to profit and whether or not carried on in conjunction with any other business) of supplying individuals in the employment of the person carrying on the business to act for, and under the control of, other persons in any capacity,

• “Health Board” means a board constituted by order under section 2(1)(a) of the National Health Service (Scotland) Act 1978 (c. 29),

• “Her Majesty's Inspectors of Schools” means the inspectors of schools appointed by Her Majesty under the Education (Scotland) Act 1980 (c. 44),

• F312 ...

• “legal proceedings” means civil or criminal proceedings in or before any court or tribunal,

• “Ministers” means the Scottish Ministers,

• “organisation” means—

  (a)

  a body corporate or unincorporated,

  (b)

  an individual who, in the course of a business, employs or otherwise gives work to other persons,

  (c)

  the governing body, trustees, or other person or body of persons responsible for the management of any of the following—

  (i)

  a school,

  (ii)

  a body listed in schedule 2 to the Further and Higher Education (Scotland) Act 2005 (asp 6),

  (iia)

  [F313 a college of further education which is assigned to a regional strategic body by order made under section 7C(1) of that Act,]

  (iii)

  a hostel used mainly by pupils attending a school or body mentioned in paragraph (i) or (ii) respectively,

• “personnel supplier” means an organisation which carries on an employment agency or employment business,

• F314 ...

• [F315 “police force” has the same meaning as in section 69 of the Disclosure (Scotland) Act 2020,]

• “prescribed” F316 ... means prescribed in regulations made by Ministers (and “prescribe” is to be construed accordingly),

• “registrar of dentists and dental care professionals” means the registrar appointed under section 14 of the Dentists Act 1984 (c. 24),

• “Registrar of health professionals” means the Registrar appointed under Article 4 of the Heath Professions Order 2001 (S.I. 2002/254),

• “Registrar of nurses and midwives” means the Registrar appointed under Article 4 of the Nursing and Midwifery Order 2001 (S.I. 2002/253),

• [F317 “registrar of pharmacists” means the registrar appointed under article 18 of the Pharmacy Order 2010, ]

• “school” has the same meaning as in the Education (Scotland) Act 1980 (c. 44),

• F318 ...

• “Special Health Board” means a board constituted by order under section 2(1)(b) of the National Health Service (Scotland) Act 1978 (c. 29).

(2) For the purposes of this Act, Ministers must assume that an individual is [F319 carrying out a regulated role for an organisation if they—

(a) have made available, in respect of the individual—

(i) a confirmation of scheme membership under section 54,

(ii) a Level 2 disclosure (within the meaning of section 8(1) of the Disclosure (Scotland) Act 2020) where section 17 of that Act applies,

in relation to that regulated role,

(b) know that the confirmation of scheme membership or (as the case may be) the Level 2 disclosure was sought for the purpose of enabling or assisting the organisation to consider the scheme member's suitability to carry out that type of regulated role for the organisation (or to be offered such a role by the organisation), and

(c) have not been satisfied that the individual has not been engaged to carry out, or has stopped carrying out, that type of regulated role for the organisation.]

(3) References in this Act to Ministers considering whether to list an individual are to be read as references to Ministers considering whether to list an individual in the children's list, in the adults' list or, as the case may be, in both lists in pursuance of section 10, 11, 12 or 13.

(4) References in this Act to Ministers' vetting, barring and disclosure functions are references to their functions under Parts 1 and 2 of this Act and [F320 Part 1 of the Disclosure (Scotland) Act 2020] (other than functions relating to the making of regulations and orders).

(5) References in this Act to relevant police forces, and to the chief officers of those forces, are to be read in the same way as they are read [F321 for the purposes of section 49 of the Disclosure (Scotland) Act 2020].

(6) The words and other expressions listed in schedule 5 are defined or otherwise explained for the purposes of this Act by the provisions indicated in that schedule.

Textual Amendments

F306 Words in s. 97(1) inserted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 34(a); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.

F307 Words in s. 97(1) substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 34(b); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.

F308 Words in s. 97(1) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 36(6)(a); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F309 Words in s. 97(1) inserted (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), ss. 90(2), 97 (with s. 96); S.S.I. 2021/380, reg. 2, sch.

F310 Words in s. 97(1) inserted (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 12(10)(a) (with s. 96); S.S.I. 2021/380, reg. 2, sch.

F311 Words in s. 97(1) repealed (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 5(13)(a)(ii) (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.

F312 Words in s. 97(1) repealed (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 12(10)(b) (with s. 96); S.S.I. 2021/380, reg. 2, sch.

F313 Words in s. 97(1) inserted (31.3.2015) by The Post-16 Education (Scotland) Act 2013 (Modification of Legislation) Order 2015 (S.S.I. 2015/153), art. 1, Sch. para. 4

F314 Words in s. 97(1) repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 36(6)(b); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F315 Words in s. 97(1) substituted (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 12(10)(c) (with s. 96); S.S.I. 2021/380, reg. 2, sch.

F316 Words in s. 97(1) repealed (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 5(13)(a)(i) (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.

F317 Words in s. 97(1) substituted (27.9.2010) by The Pharmacy Order 2010 (S.I. 2010/231), art. 1(5), Sch. 4 para. 16(c); S.I. 2010/1621, art. 2(1), Sch.

F318 Words in s. 97(1) repealed (1.4.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011 (S.S.I. 2011/211), art. 1, Sch. 1 para. 19(b)

F319 Words in s. 97(2) substituted (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 5(13)(b) (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.

F320 Words in s. 97(4) substituted (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 5(13)(c) (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.

F321 Words in s. 97(5) substituted (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 5(13)(d) (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.

Commencement Information

I131 S. 97(1) in force at 1.9.2007 by S.S.I. 2007/385, art. 2, Sch.

I132 S. 97(2)-(6) in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

Part 7 S Final provisions

98 Ancillary provision S

(1) Ministers may by order make—

(a) such supplementary, incidental or consequential provision, or

(b) such transitional, transitory or saving provision,

as they consider appropriate for the purposes of, or in connection with, or for the purposes of giving full effect to, any provision of this Act.

(2) An order under subsection (1) may modify any enactment, instrument or document.

99 Saving: disclosure of information S

Nothing in this Act affects any power which exists apart from this Act to disclose information.

100 Orders and regulations S

(1) Any power of Ministers under this Act to make an order or regulations is exercisable by statutory instrument.

(2) Any such power includes power to make—

(a) such incidental, supplemental, consequential, transitional, transitory or saving provision as Ministers consider appropriate,

(b) different provision for different purposes.

(3) Unless subsection (4) makes contrary provision, a statutory instrument containing an order (other than an order made under section 101) or regulations made under this Act is subject to annulment in pursuance of a resolution of the Scottish Parliament.

(4) An order or regulations must not be made under any of the following provisions unless a draft of the statutory instrument containing the order or, as the case may be, the regulations has been laid before, and approved by a resolution of, the Scottish Parliament—

• Section 14(3)

• Section 32(2)

• Section 35(2)

• [F322 Section 45E(1)]

• Section 87(1) or (2) or 98(1) (but only if the order contains provisions which add to, replace or omit any part of the text of this or any other Act)

• Section 94(2)

• [F323 Paragraph 33 of schedule 2]

• [F324 Paragraph 25 of schedule 3]

Textual Amendments

F322 Words in s. 100(4) inserted (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), ss. 73(3), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.

F323 Words in s. 100(4) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(53)(a) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F324 Words in s. 100(4) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(53)(b) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

101 Commencement S

(1) This Part comes into force on Royal Assent.

(2) The provisions of Parts 1 to 6 come into force on such day as Ministers may by order appoint.

(3) Different days may be appointed for different purposes and for different areas.

102 Short title S

This Act may be cited as the Protection of Vulnerable Groups (Scotland) Act 2007.