2025 No. 2 (C. 1)
Protection Of Vulnerable Groups

The Disclosure (Scotland) Act 2020 (Commencement No. 4) Regulations 2025

Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 97(2) of the Disclosure (Scotland) Act 20201.

Citation, commencement and interpretation1.

(1)

These Regulations may be cited as the Disclosure (Scotland) Act 2020 (Commencement No. 4) Regulations 2025 and come into force on 3 March 2025.

(2)

In these Regulations, “the Disclosure Act” means the Disclosure (Scotland) Act 2020.

Appointed day2.

(1)

3 March 2025 is the day appointed for the coming into force of the provisions of the Disclosure Act specified in column 1 of the table in the schedule (the subject matter of which is described in column 2 of that table).

(2)

If a purpose is specified in column 3 of the table in relation to any provision specified in column 1, that provision comes into force on 3 March 2025 for that purpose only.

NATALIE DON-INNES
Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

SCHEDULE

Regulation 2

Provisions of the Disclosure Act coming into force on 3 March 2025.

Column 1

Provisions of the Disclosure Act

Column 2

Subject matter

Column 3

Purpose

Section 46

Register of accredited bodies

Section 47(1)(a), (2)(a), (3), (4), (7)(a), (b) and (c)(i), (8) and (11)(a)

Registration in the register of accredited bodies

Section 50(1), (2), (3), (5) and (6)

Removal of registration on other grounds

Section 51(1), (2), (6), (7), (8) and (9)

Lead signatories and countersignatories

Section 51(5)

Lead signatories and countersignatories

For all remaining purposes.

Section 52(1), (3)(b) and (6)

Lead signatories and countersignatories: acceptance or refusal of nomination and removal from the register

Section 53

Notification and review of decisions: removal from register or refusal of registration or nomination

EXPLANATORY NOTE
(This note is not part of the Regulations)

Regulation 2 and the schedule of these Regulations bring into force the provisions of the Disclosure (Scotland) Act 2020 (“the Disclosure Act”) specified in column 1 of the table in the schedule on 3 March 2025. If a purpose is stated in column 3 of the table in the schedule, the provision is only brought into force for that purpose. These provisions relate to the register of accredited bodies and registration in that register and will enable applications under section 47(1)(a) of the Disclosure Act to be made and processed by the Scottish Ministers from 3 March 2025.

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

NOTE AS TO EARLIER COMMENCEMENT REGULATIONS
(This note is not part of the Regulations)

Provision

Date of Commencement

S.S.I. No.

Sections 1, 4, 5, 8, 9, 15, 16, 17, 18, 20, 24, 26, 31, 33, (for the purposes of making regulations)

30 September 2024

2024/242

Sections 34, 36, 37, 38 and 39

30 September 2024

2024/242

Sections 45, 49 and 51 (for the purposes of making regulations)

30 September 2024

2024/242

Sections 54 and 55

30 September 2024

2024/242

Sections 56, 58 and 59 (for the purposes of making regulations)

30 September 2024

2024/242

Sections 60 and 61

30 September 2024

2024/242

Section 63 (partially)

10 December 2021

2021/380

Section 68 (for the purposes of making regulations)

30 September 2024

2024/242

Section 69 (partially)

10 December 2021

2021/380

Section 69 (for all remaining purposes)

30 September 2024

2024/242

Sections 73, 74(3) and (4) and 75 (for the purposes of making regulations)

30 September 2024

2024/242

Section 78

10 December 2021

2021/380

Section 80 (for the purposes of making regulations)

30 September 2024

2024/242

Section 82

30 September 2024

2024/242

Sections 83, 84 and 85

10 December 2021

2021/380

Section 86 (for the purpose of making regulations)

30 September 2024

2024/242

Sections 87 and 88(1) and (2)

10 December 2021

2021/380

Section 89 (partially)

10 December 2021

2021/380

Section 89 (for all remaining purposes)

1 April 2023

2023/79

Section 90

10 December 2021

2021/380

Section 93 (partially

10 December 2021

2021/380

Section 93 (partially)

30 September 2024

2024/242

Schedules 3, 4 and paragraphs 5, 10(41) and 10(43) of schedule 5 (for the purposes of making regulations)

30 September 2024

2024/242

Paragraph 12 of schedule 5

10 December 2021

2021/380