Explanatory Notes

Disclosure (Scotland) Act 2020

2020 asp 13

14 July 2020


3.The Act reforms the system of disclosure of criminal records administered by the Scottish Ministers through their executive agency Disclosure Scotland. Before the Act, disclosure functions have been performed under Part 5 of the Police Act 1997 (“the 1997 Act”) and Part 2 of the Protection of Vulnerable Groups (Scotland) Act 2007 (“the PVG Act”). The Act repeals and replaces Part 5 of the 1997 Act, amends the PVG Act and makes provision for new disclosure products. It also amends the provisions in the PVG Act under which the barring service and the Protecting Vulnerable Groups Scheme (“the PVG Scheme”) operate, and for connected purposes.

4.The Act also allows scope for digital processes to improve safeguarding and accessing disclosure so that people who would prefer to do so can carry out their disclosure tasks online, including making applications and viewing disclosures.

5.The Act repeals Part 5 of the 1997 Act as it applies in Scotland, and amends the PVG Act in a number of ways. Provision is made for new Level 1 and Level 2 disclosures that replace the basic, standard and enhanced disclosures under the 1997 Act and the PVG scheme record and short scheme record under the PVG Act. The Act makes membership of the PVG Scheme mandatory for anyone in a ‘regulated role’ (the new concept to replace regulated work). Changes are also proposed with regard to Ministers’ barring functions under Part 1 of the PVG Act.

6.The Act: