Search Legislation

Disclosure (Scotland) Act 2020

Status:

Prospective version(s) available. Help about Status

Close

Status

The version on screen is currently in force, but there is a version available (prospective version) to show how it could change.

The prospective version will remain prospective until a date is appointed by an appropriate person or body to bring those changes into force.

To see the prospective version, use the Show Timeline of Changes feature under ‘Advanced Features’.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring changes and effects in the prospective version into force.

Status:

This is the original version (as it was originally enacted).

Age of Criminal Responsibility (Scotland) Act 2019

This section has no associated Explanatory Notes

7(1)The Age of Criminal Responsibility (Scotland) Act 2019 is amended as follows.

(2)In section 8 (disapplication of sections 6 and 7)—

(a)in subsection (1), for the words from “in—” to the end substitute “in a Level 2 disclosure.”,

(b)in subsection (3)(a), for “an enhanced criminal record certificate or, as the case may be, a scheme record” substitute “a Level 2 disclosure”,

(c)in subsection (4)—

(i)in paragraph (a), for “for which the certificate or, as the case may be, scheme record is provided” substitute “of the disclosure”,

(ii)in paragraph (b), for “certificate or record” substitute “Level 2 disclosure”,

(d)subsection (5) is repealed,

(e)in subsection (6), for “certificate or, as the case may be, scheme record” substitute “Level 2 disclosure”,

(f)in subsection (7), for “certificate or record” substitute “Level 2 disclosure”.

(3)In section 10 (disclosure of information relating to time when person under 12), subsections (1), (2) and (4) are repealed.

(4)In section 11 (independent reviewer), in paragraph (a), for the words from “information—” to the end substitute “information in a Level 2 disclosure, and”.

(5)In section 12 (period and terms of appointment), in subsection (7)(a), for “8A or 8B of the 1997 Act” substitute “1 or 2 of the 2020 Act”.

(6)In section 14 (referral of information to independent reviewer)—

(a)in subsection (1), in paragraph (a)—

(i)for “113B(4) of the 1997 Act” substitute “14(1) of the 2020 Act”,

(ii)for “an enhanced criminal record certificate issued under section 113B(1) of that Act” substitute “a Level 2 disclosure”,

(b)in subsection (1), paragraph (b) is repealed,

(c)in subsection (2)—

(i)in paragraph (a), for the words from “described” to the end substitute “of the disclosure,”,

(ii)paragraph (b) is repealed,

(iii)in paragraph (c), for “enhanced criminal record certificate or, as the case may be, scheme record” substitute “Level 2 disclosure”.

(7)In section 16 (notification to applicant or scheme member), in subsection (2)(b), for “enhanced criminal record certificate or, as the case may be, scheme record” substitute “Level 2 disclosure”.

(8)In section 18 (review of information referred under section 14)—

(a)in subsection (1)—

(i)in paragraph (a), for the words from “in relation to” to the end substitute “for the purpose of the disclosure, and”,

(ii)in paragraph (b), for “that certificate” substitute “the disclosure”,

(b)after subsection (1) insert—

(1A)Section 33 of the 2020 Act (Level 2 disclosure: considering relevance and whether to include certain information) applies for the purposes of subsection (1) of this section as it applies for the purposes of the sections mentioned in subsection (1) of that section, but as if—

(a)references to a conviction or a children’s hearing outcome were omitted, and

(b)references to other information were references to information mentioned in section 14(1)(a) of this Act.,

(c)subsection (2) is repealed,

(d)in subsection (4)(a), for “enhanced criminal record certificate or, as the case may be, scheme record” substitute “Level 2 disclosure”.

(9)After section 20 insert—

20ARemoval of information from scheme record following review or appeal

(1)This section applies where, in the case of a scheme member—

(a)information that is the subject of a review under section 18 is also contained in the scheme member’s scheme record in relation to a type of regulated role to which the purpose of the disclosure referred to in section 18(1)(a) relates, and

(b)subsection (2) or (3) applies in relation to the review.

(2)This subsection applies if the independent reviewer determines under section 18(4)(a) that the information ought not to be included in the disclosure and—

(a)no appeal under section 20 is taken, or

(b)such an appeal having been taken, the sheriff confirms the determination under section 20(3)(a).

(3)This subsection applies if the sheriff, on an appeal under section 20, determines under subsection (3)(b) of that section that the information ought not to be included in the disclosure.

(4)The Scottish Ministers must remove the information from the scheme member’s scheme record so far as relating to the type of regulated role mentioned in subsection (1)(a).

(5)The information is to be treated for the purposes of the 2007 Act as not being vetting information..

(10)In section 23 (regulation of procedure for review)—

(a)in subsection (1), for “enhanced criminal record certificates and scheme records” substitute “Level 2 disclosures”,

(b)in subsection (2)(a), for “an enhanced criminal record certificate or, as the case may be, a scheme record” substitute “a Level 2 disclosure”.

(11)Section 25 (amendments consequential on Chapter 2) is repealed.

(12)In section 26 (interpretation of Part 2)—

(a)the definitions of “1997 Act” and “enhanced criminal record certificate” are repealed,

(b)after the definition of “2007 Act” insert—

  • “2020 Act” means the Disclosure (Scotland) Act 2020,,

(c)in the definition of “applicant” for “113B of the 1997 Act for an enhanced criminal record certificate” substitute “11 of the 2020 Act for a Level 2 disclosure”,

(d)after the definition of “independent reviewer” insert—

  • “Level 2 disclosure” means a Level 2 disclosure under section 8 of the 2020 Act,

  • “purpose of the disclosure”, in relation to a Level 2 disclosure, has the meaning given in section 69 of the 2020 Act,.

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