The Disclosure (Scotland) Act 2020 (Commencement No. 1 and Transitory Provision) Regulations 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations bring various provisions of the Disclosure (Scotland) Act 2020 (“the 2020 Act”) into force on 10 December 2021.

Regulation 2 and the schedule bring into force certain provisions which amend the Protection of Vulnerable Groups (Scotland) Act 2007 (“ the PVG Act”) and, in doing so, change how the PVG Scheme currently operates (sections 78 (withdrawal from Scheme when under consideration), 83 (application for removal from list), 84 (Minsters’ powers to remove from list), 85 (appeals and removals: information power), 87 (retention of scheme records after removal), 88(1) and (2) (offences outside Scotland) and 90 (meaning of “conviction”) of the 2020 Act).

These Regulations also bring into force certain provisions for the limited purposes of allowing Scottish Ministers to consult on guidance about the chief constables’ functions before it is issued (sections 63 and 89) and other consequential and minor modifications to the PVG Act (section 93 and paragraph 12 of schedule 5).

Regulation 3 makes transitory provision relating to section 78 of the 2020 Act, which is brought into force by these Regulations and inserts a new section 59A into the PVG Act (withdrawal from Scheme when under consideration for listing). Regulation 3 provides that section 59A of the PVG Act (as inserted by section 78 of the 2020 Act) is modified for a transitory period, so that references to other new provisions being inserted into the PVG Act by sections 72 and 77 of the 2020 Act are omitted, until such time as those sections are brought into force.

Regulation 4 makes transitory provision in relation to specific sections of the PVG Act which are inserted or amended by sections 83, 84 and 85 of the 2020 Act (which are brought in to force by these Regulations). The purpose of this transitory provision is to modify those provisions of the PVG Act so that they use the terminology of ‘regulated work’ with children and protected adults. In due course, when section 74 of the 2020 Act is brought into force, the concept of ‘regulated work’ with children and adults will be replaced with the concept of ‘regulated roles’ with children and protected adults.

The Bill for the 2020 Act received Royal Assent on 14 July 2020. By virtue of section 97(1) of the 2020 Act, sections 91 (regulations), 92 (ancillary provisions), 94 (individual culpability where organisation commits offence), 95 (meaning of “the PVG Act”), 96 (crown application), 97 (commencement) and 98 (short title) came into force the day after Royal Assent.