(1)Ministers may, for the purpose of enabling or assisting them to decide whether to list an individual, require the chief constable F1... to provide them with any information relating to the individual which the chief constable F2... thinks might be relevant in relation to the type of regulated [F3role] concerned.
(2)[F4The chief constable] must not provide information to Ministers under subsection (1) if the [F5 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 [F6 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 [F7role] concerned,
[F8(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 [F9in] those records.]
[F10(5)In subsection (4)(b)—
“central records” has the meaning given in section 69 of the Disclosure (Scotland) Act 2020,
“relevant matter” means—
a conviction that is not a non-disclosable conviction within the meaning of section 9 of the Disclosure (Scotland) Act 2020,
[F11a conviction that is not a non-disclosable children’s hearing outcome within the meaning of section 10 of that Act,]
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
a prescribed civil court order.]
Textual Amendments
F1Words 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)
F2Words in s. 18(1) repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 36(2)(a)(ii); S.S.I. 2013/51, art. 2 (with transitional provisions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)
F3Word 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.
F4Words 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)
F5Words 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)
F6Words 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)
F7Word 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.
F8S. 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.
F9Word 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.
F10S. 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.
F11Words 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
I1S. 18 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)