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The Disclosure (Scotland) Act 2020 (Commencement No. 4) Regulations 2025
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Scottish Statutory Instruments
2025 No. 2 (C. 1)
Protection Of Vulnerable Groups
The Disclosure (Scotland) Act 2020 (Commencement No. 4) Regulations 2025
Made
9th January 2025
Laid before the Scottish Parliament
13th January 2025
Coming into force
3rd March 2025
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 97(2) of the Disclosure (Scotland) Act 2020(1).
Citation, commencement and interpretation
1.—(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 day
2.—(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
9th January 2025
Regulation 2
SCHEDULE
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 |
(1)
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