Protection of Vulnerable Groups (Scotland) Act 2007

Part 2 S Vetting and disclosure

Modifications etc. (not altering text)

C1 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

C2 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 [F1 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

F1 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

I1 S. 44 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 4)

[F2 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

F2 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

I2 S. 45 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

[F3 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

F3 Ss. 45C-45G inserted (30.9.2024 for specified purposes, 1.4.2025 for specified purposes, 1.7.2025 in so far as not already in force) 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)(3), sch. (with regs. 11, 12)

[F3 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

F3 Ss. 45C-45G inserted (30.9.2024 for specified purposes, 1.4.2025 for specified purposes, 1.7.2025 in so far as not already in force) 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)(3), sch. (with regs. 11, 12)

[F3 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

F3 Ss. 45C-45G inserted (30.9.2024 for specified purposes, 1.4.2025 for specified purposes, 1.7.2025 in so far as not already in force) 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)(3), sch. (with regs. 11, 12)

[F3 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

F3 Ss. 45C-45G inserted (30.9.2024 for specified purposes, 1.4.2025 for specified purposes, 1.7.2025 in so far as not already in force) 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)(3), sch. (with regs. 11, 12)

[F3 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

F3 Ss. 45C-45G inserted (30.9.2024 for specified purposes, 1.4.2025 for specified purposes, 1.7.2025 in so far as not already in force) 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)(3), sch. (with regs. 11, 12)

[F4 [F5 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

F4 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.

F5 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.)

[F6 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

F6 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

I3 S. 46 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

[F7 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

F7 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

I4 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—

[F8 (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

F8 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

I5 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—

[F9 (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,

[F10 (c) information which—

(i) the chief officer of a relevant police force reasonably believes to be relevant in relation to the type of regulated [F11 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.

[F12 (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).]

[F13 [F14 (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.

[F15 (3) In subsection (1)(a), “central records” and “relevant matter” have the same meanings as in section 18(5).]

Textual Amendments

F9 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.

F10 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)

F11 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.

F12 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.

F13 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.

F14 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.

F15 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

I6 S. 49(1)(a)-(c) (2) in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

I7 S. 49(1)(d) in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.

I8 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

I9 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 [F16 or a review under section 21 of the Disclosure (Scotland) Act 2020,] or otherwise) that any information included in it is inaccurate.

F17 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17 (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F16 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.

F17 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

I10 S. 51 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

F18 52ZA Procedure following correction of inaccurate scheme record S

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

Textual Amendments

F18 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

F19 52 Disclosure of scheme records S

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

Textual Amendments

F19 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.

F20 52A Review of vetting information in scheme record S

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

Textual Amendments

F20 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)

F21 53 Disclosure of short scheme records S

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

Textual Amendments

F21 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.

[F22 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

F22 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)

F23 55 Disclosure conditions S

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

Textual Amendments

F23 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.

F24 56 Crown work S

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

Textual Amendments

F24 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.

F25 57 Disclosure restrictions S

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

Textual Amendments

F25 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.

F26 57A Meaning of “conviction” and “protected conviction” S

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

Textual Amendments

F26 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 [F27 role] if they—

(a) bar the member from [F28 carrying out that type of role] by listing the member, or

(b) become aware that the member has otherwise been barred from [F29 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

F27 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.

F28 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.

F29 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

I11 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 [F30 role] if—

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

(b) they are satisfied that the scheme member is not [F31 carrying out that type of regulated role].

Textual Amendments

F30 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.

F31 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

I12 S. 59 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

[F32 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

F32 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 [F33 role] in relation to which the individual has been removed, and

(b) say why the individual has been removed.

[F34 (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

F33 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))

F34 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

I13 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.

[F35 (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

F35 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

I14 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

[F36 (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

F36 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

I15 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

I16 S. 63(1) in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.

I17 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)

I18 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

I19 S. 64(1) in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

I20 S. 64(2) in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.

I21 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)

[F37 Offences relating to confirmation of scheme membership] S

Textual Amendments

F37 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 [F38 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 [F39 confirmation of scheme membership made available under section 54],

(b) alter [F40 such a confirmation],

(c) use, or allow another person to use, [F41 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 [F42 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 [F43 confirmation of scheme membership under section 54], or

(b) satisfying Ministers that an individual who is [F44 carrying out a regulated role] is not doing so.

Textual Amendments

F38 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.

F39 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.

F40 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.

F41 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.

F42 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.

F43 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.

F44 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

I22 S. 65 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

66 [F45 Unlawful disclosure of confirmation of scheme membership] S

(1) A person to whom [F46 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 [F47 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 [F48 confirmation of scheme membership was made available] for the purpose of enabling or assisting another person to consider a scheme member's suitability to [F49 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 [F50 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 [F51 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 [F52 confirmation of scheme membership was made available under section 54], or

(b) where the [F53 confirmation of scheme membership was made available] for the purpose of enabling or assisting another person to consider a scheme member's suitability to [F54 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 [F55 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 [F56 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 [F57 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 [F58 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 [F59 confirmation of scheme membership was made available under section 54].

(9) A person to whom [F60 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

F45 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.

F46 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.

F47 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.

F48 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.

F49 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.

F50 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.

F51 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.

F52 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.

F53 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.

F54 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.

F55 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.

F56 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.

F57 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.

F58 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.

F59 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.

F60 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

I23 S. 66 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

67 [F61 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 [F62 confirmation of scheme membership under section 54] for a purpose other than the permitted purpose.

(2) It is an offence to use [F63 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 [F64 confirmation of scheme membership] relates—

[F65 (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 [F66 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.

F67 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F61 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.

F62 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.

F63 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.

F64 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.

F65 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.

F66 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.

F67 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

I24 S. 67(1)(2)(3)(a)(4) in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

I25 S. 67(3)(b) in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.

I26 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 [F68 a confirmation of scheme membership made available under section 54]—

(a) by the scheme member to whom the [F69 confirmation of scheme membership] relates,

(b) by any other person with the consent of the scheme member to whom the [F70 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 [F71 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 [F72 confirmation of scheme membership was made available under section 54] to consider the suitability of the scheme member concerned to [F73 carry out, or to be offered or supplied for, the type of regulated role] concerned.

(3) Nothing in section 67 prevents use of [F74 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 [F75 confirmation of scheme membership] relates,

(b) by any other person with the consent of the scheme member to whom the [F76 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.

[F77 (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

F68 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.

F69 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.

F70 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.

F71 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.

F72 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.

F73 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.

F74 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.

F75 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.

F76 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.

F77 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

I27 S. 68 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

69 [F78 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

F78 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

I28 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 [F79 or to renew membership of the Scheme],

(b) in respect of [F80 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.

[F81 (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 [F82 or to renew membership of the Scheme,], or

(b) a [F83 request for confirmation of scheme membership under section 54],

Ministers need not consider the application or request unless the fee is paid [F84 in the manner provided for in the regulations].

Textual Amendments

F79 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.

F80 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.

F81 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.

F82 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.

F83 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.

F84 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

I29 S. 70(1)-(3) in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.

I30 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)

I31 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

[F85 (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 [F86 statement] may be made in electronic form.

(3) Ministers need not consider any such application, request or [F87 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

F85 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.

F86 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.

F87 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

I32 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 [F88 or to renew membership of the Scheme],

(b) prescribe circumstances in which scheme members are to be removed from the Scheme,

F89 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F90 (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

F88 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.

F89 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.

F90 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

I33 S. 72 in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.

I34 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 [F91 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 [F92 carry out that type of regulated role] for A,

(b) to be supplied by A to [F93 carry out that type of regulated role] for another person,

F94 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F94 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F94 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F94 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) for any other prescribed purpose.

Textual Amendments

F91 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.

F92 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.

F93 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.

F94 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

I35 S. 73(a)-(f) in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

I36 S. 73(g) in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.

I37 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

I38 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) [F95 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.

F96 (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) [F97 The chief constable] must not provide information to Ministers under subsection (2) if the [F98 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 [F99 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) [F100 (or in pursuance of any other power or duty to provide information to Ministers in relation to their functions under this Part)].

F101 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F95 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)

F96 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.

F97 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)

F98 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)

F99 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)

F100 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)

F101 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

I39 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 [F102 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 [F103 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 [F104 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 [F105 constables of the Police Service of Scotland] only for [F106 —

(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

F102 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)

F103 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.

F104 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)

F105 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)

F106 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

I40 S. 76 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

77 [F107 Disclosure of whether an individual is under consideration for listing] S

(1) [F108 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 [F109 (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.

[F110 (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 [F111 , 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

F107 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.

F108 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))

F109 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.

F110 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))

F111 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)

C3 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

I41 S. 77 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)