Part 3: General
Section 91: Regulations
184.This section sets out the extent of powers Ministers have to make regulations. Regulations under any of sections 9(3), 38(1) or 39(1) and regulations under section 92(1) which amend any Act are be subject to affirmative procedure. Otherwise, negative procedure can be used. This section does not apply to commencement regulations made under section 97(2).
Section 92: Ancillary provision
185.Section 92 enables Ministers, by regulations, to make incidental, supplementary, consequential, transitional, transitory or saving provision relating to the Act. The power can be used to modify any Act including the Act resulting from this Bill.
Section 93: Consequential and minor modifications
186.Section 93 introduces schedule 5, which is in three parts. Part 1 deals with amendments arising from Part 1 of the Act, including repeal of Part 5 of the 1997 Act as it applies in Scotland, and the requirement on Ministers to provide the PVG scheme record and the PVG short scheme record. Part 2 contains amendments to various Acts as a result of Part 2 of the Act (including the change from ‘regulated work’ to ‘regulated roles’ and various other amendments to the PVG Act itself). Part 3 sets out other consequential amendments and minor modifications to Acts, including the PVG Act.
Section 94: Individual culpability where organisation commits offence
187.Section 94 makes provision about offences under the Act committed by legal entities, such as companies, partnerships and associations. Where an offence under the Act is committed by a “relevant organisation”, this section provides that the relevant organisation and, in some cases, a “responsible individual” in that organisation are both to be held responsible. This ensures that those running legal entities who are responsible for the decisions leading to an offence under the Act can also be prosecuted for it.
Section 95: Meaning of “PVG Act”
188.Section 95 provides a meaning for “the PVG Act” in the Act.
Section 96: Crown application
189.Section 96 prevents the Crown from being criminally liable under the Act.
Section 97: Commencement
190.Section 97 makes provision for commencement of the Act, including the power to bring provisions into force by regulations, which can include transitional, saving or transitory provisions, and which may make different provision for different purposes.
Section 98: Short title
191.Section 98 gives the Act’s short title, namely, the Disclosure (Scotland) Act 2020.
