The Disclosure (Scotland) Act 2020 (Commencement No. 2) Regulations 2023

These Regulations bring into force section 89 of the Disclosure (Scotland) Act 2020 (“the 2020 Act”) for all remaining purposes on 1 April 2023.

Section 89 of the 2020 Act inserts section 84A into the Protection of Vulnerable Groups (Scotland) Act 2007 (“the 2007 Act”) and provides that the Scottish Ministers must issue guidance to the chief constable of the Police Service of Scotland about the chief constable’s functions under Parts 1 and 2 of the 2007 Act. Section 89 was partially brought into force on 10 December 2021 by the Disclosure (Scotland) Act 2020 (Commencement No. 1 and Transitory Provision) Regulations 20212 for the limited purposes of allowing the Scottish Ministers to consult the chief constable on the guidance.

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.