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This is the original version (as it was originally enacted).

47Registration in the register of accredited bodies

This section has no associated Explanatory Notes

(1)A person may apply to be registered in the register of accredited bodies in relation to—

(a)the making of applications for Level 1 disclosures under section 2 on behalf of an individual,

(b)the countersigning of applications for Level 2 disclosures under section 11, or

(c)both—

(i)the making of applications for Level 1 disclosures under section 2 on behalf of an individual, and

(ii)the countersigning of applications for Level 2 disclosures under section 11.

(2)The Scottish Ministers must register in the register of accredited bodies a person who applies to them and—

(a)where the person seeks registration of the type mentioned in subsection (1)(a), satisfies the conditions mentioned in subsections (3) and (4),

(b)where the person seeks registration of the type mentioned in subsection (1)(b) or (c), satisfies the conditions mentioned in subsections (3) to (5).

(3)The applicant must be—

(a)a body corporate or unincorporated,

(b)a statutory office-holder, or

(c)an individual who is 18 years of age or older and employs other persons in the course of a business.

(4)The applicant must satisfy the Scottish Ministers that the applicant is likely to be acting in relation to a disclosure request.

(5)The Scottish Ministers must be satisfied that each relevant individual is a suitable person to have access to disclosure information (see section 49).

(6)In subsection (5), “relevant individual”, in relation to an applicant, is—

(a)where the applicant is an individual employing other persons in the course of a business, the individual,

(b)where the applicant is a body corporate or unincorporated or is a statutory office-holder—

(i)the individual nominated as the lead signatory of the applicant, and

(ii)each individual nominated as a countersignatory of the applicant.

(7)The Scottish Ministers may register in the register of accredited bodies an individual who applies to them and—

(a)is 16 or 17 years of age,

(b)employs other persons in the course of a business, and

(c)satisfies—

(i)the condition mentioned in subsection (4), and

(ii)where the individual seeks registration of the type mentioned in subsection (1)(b) or (c), the condition mentioned in subsection (5).

(8)Before refusing an application for registration under this section, the Scottish Ministers must give the applicant an opportunity to make representations.

(9)Where the Scottish Ministers decide to refuse an application under this section for registration of the type mentioned in subsection (1)(c) because the condition mentioned in subsection (5) is not met, the decision applies to the application only insofar as the application relates to the countersigning of applications for Level 2 disclosures under section 11 (and does not affect the application insofar as it relates to the making of applications for Level 1 disclosures under section 2 on behalf of an individual).

(10)In this Part, “disclosure information” means information contained in a Level 2 disclosure.

(11)In this Part, references to acting in relation to a disclosure request are to be read as references to—

(a)in relation to registration of the type mentioned in subsection (1)(a), making an application for a Level 1 disclosure under section 2 on behalf of an individual,

(b)in relation to registration of the type mentioned in subsection (1)(b), countersigning an application for a Level 2 disclosure under section 11,

(c)in relation to registration of the type mentioned in subsection (1)(c), both—

(i)making an application for a Level 1 disclosure under section 2 on behalf of an individual, and

(ii)countersigning an application for a Level 2 disclosure under section 11.

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