Search Legislation

Disclosure (Scotland) Act 2020

Status:

This is the original version (as it was originally enacted).

Protection of Vulnerable Groups (Scotland) Act 2007

This section has no associated Explanatory Notes

12(1)The PVG Act is amended as follows.

(2)In section 10(1)(b) (consideration whether to list: organisational referrals etc.), for “Independent Safeguarding Authority” substitute “Disclosure and Barring Service”.

(3)In section 17(5)(c)(i) (information relevant to listing decisions), for “the Council of the Pharmaceutical Society of Great Britain” substitute “the General Pharmaceutical Council”.

(4)In section 19(3) (information held by public bodies etc.), after the entry in the list for Health Boards and Special Health Boards insert—

  • An integration joint board established by order under section 9 of the Public Bodies (Joint Working) (Scotland) Act 2014.

(5)In section 38(2) (police access to lists), for the words from “purpose of” to the end of that subsection substitute “law enforcement purposes within the meaning of section 31 of the Data Protection Act 2018.”.

(6)In section 39 (restrictions on listing in children’s list)—

(a)in subsection (2)(a), for “Independent Safeguarding Authority (“ISA”)” substitute “Disclosure and Barring Service (“DBS”)”,

(b)in each of subsections (4)(b), (5) and (6)(b), for “ISA” substitute “DBS”.

(7)In section 40 (restrictions on listing in adults’ list)—

(a)in subsection (2)(a), for “Independent Safeguarding Authority (“ISA”)” substitute “Disclosure and Barring Service (“DBS”)”,

(b)in each of subsections (4)(b), (5) and (6)(b), for “ISA” substitute “DBS”.

(8)In section 76(2) (police access to scheme information), for the words from “the purpose” to the end of that subsection insert

(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.

(9)In section 96 (fostering)—

(a)in subsection (1)(a) the words “(“the 1995 Act”)” are repealed,

(b)in each of subsections (1)(b) and (2)(a) for “1995 Act” substitute “Children (Scotland) Act 1995”,

(c)in subsection (8), in the definition of “parental responsibilities” and “parental rights”, for “1995 Act” substitute “Children (Scotland) Act 1995”.

(10)In section 97(1) (general interpretation)—

(a)after the definition of “disciplinary proceedings”, insert—

  • “Disclosure and Barring Service” and “DBS” mean the body established by section 87(1) of the Protection of Freedoms Act 2012,,

(b)the definition of “Independent Safeguarding Authority” (and “ISA”) is repealed,

(c)for the definition of “police force” substitute—

  • “police force” has the same meaning as in section 69 of the Disclosure (Scotland) Act 2020,

(11)In schedule 5 (index)—

(a)at the appropriate place insert—

Disclosure and Barring Service, DBSsection 97(1),

(b)the entry relating to “Independent Safeguarding Authority, ISA” is repealed.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources