Explanatory Notes

Disclosure (Scotland) Act 2020

2020 asp 13

14 July 2020

Provision by Provision Commentary

Part 2: Protection of vulnerable groups


Section 88: Offences outside Scotland

180.Section 88 introduces sections 37A and 47G into the PVG Act. These sections ensure that Scottish courts have clear jurisdiction over offences under sections 34, 35, 36, 45C, 45D, 45E or 45F of the PVG Act where the acts constituting the offence take place outside Scotland. For instance, this will ensure that an offence under section 35 of the PVG Act, committed by a non-Scottish organisation of offering a barred individual for a regulated role in Scotland, can be prosecuted in Scotland.