The Disclosure (Scotland) Act 2020 (Commencement No. 5, Saving and Transitional Provision) Regulations 2025
Citation and commencement1.
(1)
These Regulations may be cited as the Disclosure (Scotland) Act 2020 (Commencement No. 5, Saving and Transitional Provision) Regulations 2025.
(2)
This regulation and regulations 2, 4 to 10 and 12 F1to 15 come into force on 1 April 2025.
(3)
Regulation 3 comes into force as follows—
(a)
paragraphs (1) and (2) come into force on 1 April 2025,
(b)
paragraph (3) comes into force on 1 July 2025.
(4)
Regulation 11 comes into force on 1 July 2025.
Interpretation2.
(1)
In these Regulations—
“criminal conviction certificate” has the same meaning as in Part 5 of the 1997 Act,
“criminal record certificate” has the same meaning as in Part 5 of the 1997 Act,
“Disclosure Act” means the Disclosure (Scotland) Act 2020,
“enhanced criminal record certificate” has the same meaning as in Part 5 of the 1997 Act,
“relevant date” means 1 April 2025,
“scheme record” means a document disclosed by the Scottish Ministers under section 52 of the PVG Act which—
(a)
sets out the type of regulated work (with children or adults) in relation to which the individual is a scheme member,
(b)
confirms that the scheme member is not barred from doing that work,
(c)
states if the Scottish Ministers are considering whether to list the scheme member, and
(d)
contains vetting information about the scheme member which the Scottish Ministers discovered as a result of enquiries or arrangements made under section 47 of the PVG Act,
(a)
sets out the type of regulated work (with children or adults) in relation to which the individual is a scheme member,
(b)
confirms that the scheme member is not barred from doing that work,
(c)
states if the Scottish Ministers are considering whether to list the scheme member, and
(d)
states that no vetting information is included in the scheme member’s scheme record.
(2)
Any words or expressions to which meanings are assigned by Part 1 of the Disclosure Act shall, for the purposes of these Regulations, have the same meanings as in that Act.
Appointed days3.
(1)
1 April 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 1 April 2025 for that purpose only.
(3)
1 July 2025 is the day appointed for the coming into force of section 73(2) of the Disclosure Act for all remaining purposes.
Transitional provision relating to applications made under section 112 of the 1997 Act4.
(1)
Paragraph (2) applies where—
(a)
(b)
on the relevant date, the Scottish Ministers have not yet issued the certificate.
(2)
An application made under section 112 of the 1997 Act must be treated for all purposes as if it were an application for a Level 1 disclosure made under section 2 of the Disclosure Act.
Transitional provision relating to applications made under sections 113A, 113B, 114 or 116 of the 1997 Act and requests made under sections 52 or 53 of the PVG Act5.
(1)
Paragraph (2) applies where—
(a)
before the relevant date—
(i)
an individual has made an application for—
(aa)
(bb)
(cc)
(dd)
(ii)
a scheme member has requested disclosure of—
(aa)
their scheme record under section 52 of the PVG Act, or
(bb)
their short scheme record under section 53 of the PVG Act, and
(b)
on the relevant date, the Scottish Ministers have not yet issued the certificate or, as the case may be, disclosed the record.
(2)
An application made under any of sections 113A, 113B, 114 or 116 of the 1997 Act or, as the case may be, a request for a scheme record under section 52 of the PVG Act or a short scheme record under section 53 of that Act must be treated for all purposes as if it were an application for a Level 2 disclosure made under section 11 of the Disclosure Act.
Transitional provision relating to statements of scheme membership6.
(1)
Paragraph (2) applies where—
(a)
(b)
on the relevant date, the Scottish Ministers have not yet disclosed the statement.
(2)
The request for a disclosure of a statement of scheme membership made under section 54 of the PVG Act must be treated for all purposes as if it were a request for a confirmation of scheme membership made under section 54 of the PVG Act (as substituted by section 86(3) of Disclosure Act).
(3)
In this regulation, “statement of scheme membership” means a document which—
(a)
sets out the type of regulated work in relation to which the individual is a scheme member,
(b)
confirms the individual is not barred from doing that work, and
(c)
states if the Scottish Ministers are considering whether to list the scheme member.
Transitional provision relating to disputes about accuracy of certificates issued under the 1997 Act and correction of inaccurate scheme records disclosed under the PVG Act7.
(1)
Paragraph (2) applies where—
(a)
before the relevant date, the Scottish Ministers have—
(i)
issued a certificate under any of sections 112, 113A, 113B, 114 or 116 of the 1997 Act to an individual, or
(ii)
disclosed a scheme record under section 52 of the PVG Act, and
(b)
on or after the relevant date, the individual or, as the case may be, scheme member notifies the Scottish Ministers that they believe that the information contained in the certificate or scheme record is inaccurate.
(2)
The Scottish Ministers must—
(a)
treat a certificate issued under section 112 of the 1997 Act as if it were a Level 1 disclosure in respect of which an application for review had been made under section 5(1) of the Disclosure Act,
(b)
treat a—
(i)
certificate issued under any of sections 113A, 113B, 114 or 116 of the 1997 Act, or
(ii)
scheme record disclosed under section 52 of the PVG Act,
as if it were a Level 2 disclosure in respect of which an application for review had been made under section 20(1)(a) of the Disclosure Act.
(3)
Where paragraph (2)(b) applies, the requirement in section 20(3) of the Disclosure Act does not apply.
(4)
Paragraph (5) applies where the Scottish Ministers—
(a)
are, before the relevant date, considering the accuracy of the information included in a—
(i)
certificate issued under any of sections 112, 113A, 113B, 114 or 116 of the 1997 Act, or
(ii)
scheme record disclosed under section 52 of the PVG Act, and
(b)
have not, on the relevant date, made a decision on the accuracy of the information.
(5)
The Scottish Ministers must—
(a)
treat a certificate issued under section 112 of the 1997 Act as if it were a Level 1 disclosure in respect of which they are carrying out a review under section 6(2) of the Disclosure Act,
(b)
treat a—
(i)
certificate issued under any of sections 113A, 113B, 114 or 116 of the 1997 Act, or
(ii)
scheme record disclosed under section 52 of the PVG Act,
as if it was a Level 2 disclosure in respect of which they are carrying out a review under section 21(2) of the Disclosure Act.
Transitional provision relating to certificates and scheme records with convictions falling within section 116ZA(1A) of the 1997 Act or section 52(2A) of the PVG Act8.
(1)
Paragraph (2) applies where—
(a)
before the relevant date—
(i)
the Scottish Ministers have—
(aa)
(bb)
complied with section 52(5) of the PVG Act in relation to a scheme record which includes vetting information about a conviction which falls within section 52(2A) of that Act, and
(b)
on the relevant date—
(i)
the conviction which fell within section 116ZA(1A) of the 1997 Act or, as the case may be, section 52(2A) of the PVG Act is a—
(aa)
removable conviction,
(bb)
spent childhood conviction, or
(cc)
children’s hearing outcome, and
(ii)
the period mentioned in section 116ZB(3)(a) of the 1997 Act or, as the case may be, section 52A(3)(a) of the PVG Act has not expired.
(2)
The original certificate application or, as the case may be, original scheme record request must be treated for all purposes as if it were an application for a Level 2 disclosure under section 11 of the Disclosure Act.
(3)
Paragraph (4) applies where—
(a)
before the relevant date—
(i)
the Scottish Ministers have—
(aa)
issued a criminal record certificate or enhanced criminal record certificate to an individual which includes details of a conviction which falls within section 116ZA(1A) of the 1997 Act, or
(bb)
complied with section 52(5) of the PVG Act in relation to a scheme record which includes vetting information about a conviction which falls within section 52(2A) of that Act, and
(ii)
the individual (to whom the certificate has been issued, or as the case may be, record has been disclosed) has—
(aa)
before the end of the period mentioned in section 116ZB(3)(a) of the 1997 Act, notified the Scottish Ministers that the individual intends to make an application under section 116ZB(2) of that Act, or
(bb)
before the end of the period mentioned in section 52A(3)(a) of the PVG Act, section 52A(2) of the PVG Act, notified the Scottish Ministers that the individual intends to make an application under section 52A(2) of the PVG Act, and
(b)
on the relevant date—
(i)
the conviction which fell within section 116ZA(1A) of the 1997 Act or, as the case may be, section 52(2A) of the PVG Act is a—
(aa)
removable conviction,
(bb)
spent childhood conviction, or
(cc)
children’s hearing outcome, and
(ii)
the period mentioned in section 116ZB(3)(b) of the 1997 Act or, as the case may be, section 52A(3)(b) of the PVG Act has not expired.
(4)
The Scottish Ministers must, for all purposes, treat a notification of an intention to make an application —
(a)
under section 116ZB(2) of the 1997 Act, or
(b)
under section 52A(2) of the PVG Act,
as a Level 2 review application under section 20(1)(b) of the Disclosure Act.
(5)
Where paragraph (4) applies, the requirement in section 20(3) of the Disclosure Act does not apply.
Savings and transitional provision relating to applications for an order under section 116ZB of the 1997 Act or section 52A of the PVG Act9.
(1)
Sections 116ZB of the 1997 Act and 52A of the PVG Act continue apply in relation to all applications made under those sections before the relevant date which are not finally disposed of by the relevant date.
(2)
Where, on or after the relevant date, the sheriff allows an application made in accordance with section 116ZB(6)(a) or (7) of the 1997 Act—
(a)
paragraphs (9) and (12) of section 116ZB of that Act do not apply,
(b)
the sheriff must order the Scottish Minsters to—
(i)
issue a Level 2 disclosure to the individual as if the individual had made an application for a Level 2 disclosure under section 11 of the Disclosure Act on the date on which the sheriff makes the order, and
(ii)
exclude from that Level 2 disclosure the details which the sheriff is satisfied are not relevant.
(3)
Where, on or after the relevant date, the sheriff refuses an application in accordance with section 116ZB(6)(b) of the 1997 Act—
(a)
paragraphs (10) and (12) of section 116ZB of that Act do not apply,
(b)
the sheriff must order the Scottish Ministers to issue a Level 2 disclosure to the individual as if the individual had made an application for a Level 2 disclosure under section 11 of the Disclosure Act on the date on which the sheriff makes the order.
(4)
Where, on or after the relevant date, the sheriff allows an application made in accordance with section 52A(6)(a) or (7) of the PVG Act—
(a)
section 52A(10) of that Act does not apply,
(b)
the sheriff must order the Scottish Ministers to—
(i)
issue a Level 2 disclosure to the individual as if the individual had made an application for a Level 2 disclosure under section 11 of the Disclosure Act on the date on which the sheriff makes the order, and
(ii)
exclude from that Level 2 disclosure the information which the sheriff is satisfied is not relevant.
(5)
Where, on or after the relevant date, the sheriff refuses an application made in accordance with section 52A(6)(b) of the PVG Act—
(a)
section 52A(10) of that Act does not apply,
(b)
the sheriff must order the Scottish Ministers to issue a Level 2 disclosure to the individual as if the individual had made an application for a Level 2 disclosure under section 11 of the Disclosure Act on the date on which the sheriff makes the order.
(6)
An individual may not make a Level 2 review application under section 20(1) of the Disclosure Act in relation to a Level 2 disclosure issued under any of paragraphs (3)(b) or (5)(b), or any subsequent Level 2 disclosure provided for the same purpose as the original certificate application or, as the case may be, original scheme record request, in relation to the—
(a)
details which the sheriff was satisfied were relevant to the purpose for which the original certificate application was required, or
(b)
vetting information that the sheriff was satisfied was relevant to the type of regulated work in relation to which the original scheme record request was made.
(7)
Paragraph (6) does not prevent the individual from making a Level 2 review application under section 20(1) of the Disclosure Act in relation to a subsequent Level 2 disclosure provided for the same purpose as the original certificate application or, as the case may be, original scheme record request if—
(a)
the review application in relation to the subsequent Level 2 disclosure is made after the end of the period specified in regulations made under section 31(6)(a) of the Disclosure Act, or
(b)
the Scottish Ministers are satisfied that the individual’s circumstances have changed in a material respect since the application to the sheriff under section 116ZB(2) of the 1997 Act or, as the case may be, section 52A(2) was finally disposed of.
(8)
For the purposes of this regulation an application to the sheriff under section 116ZB(2) of the 1997 Act or section 52A(2) of the PVG Act is finally disposed of when—
(a)
the sheriff has determined the application in accordance with section 116ZB(6) or (7) of the 1997 Act or section 52A(6) or (7) of the PVG Act, or
(b)
the proceedings are otherwise disposed of without making a determination.
Transitional provision relating to registered persons under the 1997 Act10.
(1)
With effect from the relevant date—
(a)
(b)
the Scottish Ministers must include that person in the register of accredited bodies in relation to the countersigning of applications for Level 2 disclosures under section 11 of the Disclosure Act.
(2)
Where paragraph (1) applies, the conditions in section 47(4) and (5) of the Disclosure Act do not apply.
(3)
(4)
Any conditions imposed under section 122(4) of the 1997 Act must be treated as conditions imposed by the Scottish Ministers in relation to the registration of an accredited body by virtue of regulations made under section 54 or under section 55(7) of the Disclosure Act.
(5)
Paragraph (6) applies where—
(a)
before the relevant date, an individual has made an application to be a registered person under section 120(2) of the 1997 Act, and
(b)
on the relevant date, the Scottish Ministers have not yet determined the application.
(6)
An application made under section 120(2) of the 1997 Act must be treated, for all purposes, as if it were an application to be registered in the register of accredited bodies under section 47(1)(b) of the Disclosure Act.
Transitional provision relating to section 45C of the PVG Act11.
(1)
(a)
before 1 July 2025, the individual has applied to join the Scheme in relation to that type of regulated role, and
(b)
that application has not been withdrawn or finally determined.
(2)
For the purposes of paragraph (1)(b), an application is finally determined when—
(a)
(b)
a Level 2 disclosure is provided to the individual under section 11 of the Disclosure Act, or
(c)
(3)
In this regulation, “type of regulated role” is to be construed in accordance with section 91(4) and (5) of the PVG Act (as substituted by section 74(2) of the Disclosure Act).
Transitional Provision relating to sections 45D and 45F of the PVG Act12.
(1)
Paragraph (2) applies where—
(a)
an organisation—
(i)
(ii)
on or after the relevant date, offers the individual a regulated role which is of the same type as the regulated work, or
(b)
a personnel supplier—
(i)
has, before the relevant date, received disclosure of a scheme record under section 52 of the PVG Act or a short scheme record under section 53 of the PVG Act in relation to an individual which sets out that the individual participates in the Scheme in relation to a type of regulated work, and
(ii)
on or after the relevant date, offers or supplies the individual to an organisation to carry out a regulated role which is of the same type as the regulated work.
(2)
Sections 45D(1) and 45F(2) of the PVG Act24 are to be read as if, for “received a Level 2 disclosure in pursuance of a request under section 18(1)(a) of the Disclosure (Scotland) Act 2020 containing a statement confirming that the individual participates in the Scheme in relation to that type of regulated role” there is substituted “received disclosure of a scheme record under section 52 of the PVG Act or a short scheme record under section 53 of the PVG Act which sets out that the individual participates in the Scheme in relation to regulated work of the same type as the regulated role”
.
F2Transitional provision relating to notices of consideration for listing13.
(1)
Paragraph (2) has effect until the day on which section 72 of the Disclosure Act (failure to apply for renewal of Scheme membership) comes into force.
(2)
Section 30(3A)(a) of the PVG Act (notice of listing etc.) (as inserted by section 77(3) of the Disclosure Act) is to be read as if the words “or section 45B(7)” is omitted.
(3)
Paragraph (4) has effect until the day on which section 76 of the Disclosure Act (conditions imposed on scheme members under consideration for listing) comes into force.
(4)
Section 30(3B) of the PVG Act (as inserted by section 77(3) of the Disclosure Act) is to be read as if paragraph (b) is omitted.
Transitional provision relating to confirmation of scheme membership under the PVG Act14.
(1)
Paragraph (2) has effect until the day on which section 76 (conditions imposed on scheme members under consideration for listing) of the Disclosure Act comes into force.
(2)
Section 46(2)(c) of the PVG Act (confirmation of scheme membership) (as substituted by section 86(2) of the Disclosure Act) is to be read as if sub-paragraph (ii) is omitted.
Transitional provision relating to confirmation of scheme membership: disclosure of whether individual under consideration for listing15.
(1)
Paragraph (2) has effect until the day on which section 72 of the Disclosure Act (failure to apply for renewal of Scheme membership) comes into force.
(2)
Section 77(2)(b) of the PVG Act (confirmation of scheme membership: disclosure of whether individual under consideration for listing) (as amended by paragraph 10(46)(c) of schedule 5 of the Disclosure Act) is to be read as if the words “or 45B(7)” are omitted.
(3)
Paragraphs (4) to (6) have effect until the day on which section 76 of the Disclosure Act (conditions imposed on scheme members under consideration for listing) comes into force.
(4)
Section 77(1) of the PVG Act (as amended by paragraph 10(46)(a)(ii) of schedule 5 of the Disclosure Act) is to be read as if the words “(or details of any conditions that Ministers have imposed under section 13A(1))” are omitted.
(5)
Section 77(1A)(b) of the PVG Act (as inserted by paragraph 10(46)(b) of schedule 5 of the Disclosure Act) is to be read as if “or (iv)”, on each occasion it appears, is omitted.
(6)
Section 77(1A)(c) of the PVG Act (as inserted by paragraph 10(46)(b) of schedule 5 of the Disclosure Act) is to be read as if “or (c)” is omitted.
St Andrew’s House,
Edinburgh
SCHEDULE
Column 1 Provisions of the Disclosure Act | Column 2 Subject matter | Column 3 Purpose |
|---|---|---|
Section 1(a) | Level 1 disclosure | |
Section 2 | Provision of Level 1 disclosures | |
Section 3 | Applications by accredited bodies on behalf of individuals | |
Section 4 | Provision of Level 1 disclosure to third parties | For all remaining purposes. |
Section 5 | Level 1 disclosure: application for review | For all remaining purposes. |
Section 6 | Review of accuracy of information by the Scottish Ministers | |
Section 7 | Provision of new Level 1 disclosure on conclusion of review proceedings | |
Section 8 | Level 2 disclosure | For all remaining purposes. |
Section 9 | Non-disclosable convictions | For all remaining purposes. |
Section 10 | Non-disclosable children’s hearing outcomes | |
Section 11 | Provision of Level 2 disclosures | |
Section 12 | Level 2 disclosure applications: countersigning and purposes | |
Section 13 | Childhood information | |
Section 14 | Provision of relevant Scottish police information | |
Section 15 | Provision of relevant overseas police information | For all remaining purposes. |
F3Section 16(1), (2), (3), (4)(a)(i), (ii), (iii), (v) and (4)(b)(i), (ii), (iii), and (v) | Further information for certain purposes: non-PVG scheme members | |
F4Section 17(1), (2), (3)(a), (b), (d), (4), (5) and (6) | Further information for certain purposes: PVG scheme members | |
Section 18 | Provision of Level 2 disclosure to accredited bodies | For all remaining purposes. |
Section 19 | Crown employment | |
Section 20 | Level 2 disclosure: application for review | For all remaining purposes. |
Section 21 | Review of accuracy of information by the Scottish Ministers | |
Section 22 | Review of childhood information by the independent reviewer | |
Section 23 | Review of relevant Scottish police information by the police | |
Section 24 | Review of relevant Scottish police information by the independent reviewer | For all remaining purposes. |
Section 25 | Review of inclusion of removable convictions by the Scottish Ministers | |
Section 26 | Review of inclusion of removable convictions by the independent reviewer | For all remaining purposes. |
Section 27 | Combination of reviews by the independent reviewer | |
Section 28 | Independent Reviewer: information and representations | |
Section 29 | Notification of independent reviewer’s decision | |
Section 30 | Appeal against independent reviewer’s decision | |
Section 31 | Provision of new Level 2 disclosure on conclusions or review proceedings | For all remaining purposes. |
Section 32 | Disapplication of provisions of section 4 of the Rehabilitation of Offenders Act 1974 | |
Section 33 | Level 2 disclosure: considering relevance and whether to include certain information | For all remaining purposes. |
Section 35 | Reclassification of applications | |
Section 40 | Presumption as to age in relaiton to convictions | |
Section 41 | Falsification of a Level 1 or Level 2 disclosure | |
Section 42 | Unlawful disclosure of a Level 2 disclosure | |
Section 43 | Lawful disclosures of Level 2 disclosures | |
Section 44 | Unlawful request for and use of a Level 2 disclosure | |
Section 45 | Offences under sections 42 and 44: supplementary provision | For all remaining purposes. |
Section 47 | Registration in the register for accredited bodies | For all remaining purposes. |
Section 48 | Protection of information: removal of registration | |
Section 49 | Suitable persons to have access to disclosure information | For all remaining purposes. |
Section 50 | Removal of registration on other grounds | For all remaining purposes. |
Section 51 | Lead signatories and countersignatories | For all remaining purposes. |
Section 52 | Lead signatories and countersignatories: acceptance or refusal of nomination and removal from the register | For all remaining purposes. |
Section 56 | Sharing of Level 2 disclosure information by accredited bodies | For all remaining purposes. |
Section 57 | Evidence of identity | |
Section 58 | Power to use personal data to check identity | For all remaining purposes. |
Section 59 | Power to use fingerprints to check identify | For all remaining purposes. |
Section 62 | Fees for provision of information by the chief constable | |
Section 63 | Guidance for the chief constable | For all remaining purposes. |
Section 64 | Sharing of information with the chief constable | |
Section 65 | Sources of information | |
Section 66 | Delegation of functions of Scottish Ministers | |
Section 67 | Saving: disclosure of information and records | |
Section 68 | Definition of consideration of suitability | For all remaining purposes. |
Section 70 | Participation in the Scheme | |
Section 73(1) and (3) | Compulsory Scheme membership | |
Section 73(2) | Compulsory Scheme membership | Only insofar as it relates to section 45D, 45F and 45G. |
Section 74 | Regulated roles | For all remaining purposes. |
Section 75 | Meaning of “protected adult” | For all remaining purposes. |
Section 77 | Notice of consideration for listing | |
Section 79 | Notice of barred status | |
Section 80 | Reference by chief constable | For all remaining purposes. |
Section 86 | Confirmation of scheme membership under the PVG Act | For all remaining purposes. |
Section 88 | Offences outside Scotland | For all remaining purposes. |
Section 93 | Consequential and minor modifications | For all remaining purposes. |
Schedule 1 | List A offences | |
Schedule 2 | List B offences | |
Schedule 3 | Schedule to be substituted for schedule 2 of the PVG Act (schedule 2: regulated roles with children) | For all remaining purposes. |
Schedule 4 | Schedule to be substituted for schedule 3 of the PVG Act (schedule 3: regulated roles with adults) | For all remaining purposes. |
Paragraphs 1 to 9, 11 and 13 of schedule 5 | Consequential and minor modifications | For all remaining purposes. |
F5Paragraphs 10(1) to (19), (21) to (32), (34) to (40), (44) to (51), (53) and (54) of schedule 5 | Consequential and minor modifications | |
F6Paragraph 10(20)(b) to (e) of schedule 5 | Consequential and minor modifications | |
Paragraph 10(33)(b) of schedule 5 | Consequential and minor modifications | |
Paragraph 10(41)(a)(ii), (b) and (c)(ii) and (iii) of schedule 5 | Consequential and minor modifications | |
Paragraph 10(42)(a)(ii) and (b) of schedule 5 | Consequential and minor modifications | |
Paragraph 10(43)(b) and (c) of schedule 5 | Consequential and minor modifications |
Regulation 3(1) and (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 1 April 2025, including section 86 (confirmation of scheme membership under the PVG Act) and paragraphs 3 (Police Act 1997) and 5 (Protection of Vulnerable Groups (Scotland) Act 2007) of schedule 5. If a purpose is stated in column 3 of the table in the schedule, the provision is only brought into force for that purpose. Regulation 3(3) brings section 73(2) of the Disclosure Act (compulsory Scheme membership) into force for all remaining purposes on 1 July 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.
These Regulations make saving and transitional provision in relation to the commencement of some of these provisions. These include the vetting functions of the Scottish Ministers under the Police Act 1997 (“the 1997 Act”) and the Protection of Vulnerable Groups (Scotland) Act 2007 (“the PVG Act”) to reflect the changes made to the disclosure system by the Disclosure Act. The Regulations also make transitional provision in relation to offences inserted into the PVG Act by the Disclosure Act.
Part 1 of the Disclosure Act reforms the system of disclosure of criminal records administered by the Scottish Ministers. Prior to the Disclosure Act, disclosure functions were performed in accordance with Part 5 of the 1997 Act and Part 2 of the PVG Act. The Disclosure Act repeals Part 5 of the 1997 Act as it applies in Scotland, amends the PVG Act and makes provision for new Level 1 and Level 2 disclosures that replace criminal conviction certificates, criminal record certificates and enhanced criminal record certificates under the 1997 Act and scheme records and short scheme records under the PVG Act. Part 1 of the Disclosure Act also replaces the system of registration of registered persons (under the 1997 Act) who can countersign criminal record certificates, enhanced criminal record certificates, scheme records and short scheme records with the register of accredited bodies who can request Level 1 disclosure applications and countersign Level 2 disclosure applications.
Part 2 of the Disclosure Act amends the operation of the Protecting Vulnerable Groups Scheme (“the PVG Scheme”) under the PVG Act by making it a requirement for anyone carrying out a regulated role (paid, unpaid or voluntary) to be a member of the PVG Scheme. Section 73 of the Disclosure Act inserts new offences (sections 45C to 45G) into the PVG Act to support this compulsory scheme membership policy.
Regulations 4 and 5 of these Regulations make transitional provision in relation to applications for certificates made under the 1997 Act and requests for scheme records and short scheme records made under the PVG Act. From the relevant date (1 April 2025), those certificates and records will be treated for all purposes as if they were applications for Level 1 or Level 2 disclosures made under the Disclosure Act and the new review mechanisms set out in sections 5 to 6 and 20 to 30 of the Disclosure Act will apply to the Level 1 and Level 2 disclosures provided to individuals as a result of those applications.
Regulation 6 of these Regulations makes transitional provision in relation to requests for disclosure of statements of scheme membership made under section 54 of the PVG Act. From the relevant date, those requests will be treated for all purposes as if they relate to a request for a confirmation of scheme membership made under section 54 of the PVG Act (as substituted by section 86(3) of Disclosure Act).
Regulation 7 of these Regulations makes transitional provision in relation to disputes about accuracy of information contained in certificates issued under the 1997 Act or in scheme records disclosed under the PVG Act. The effect is that the Scottish Ministers must treat any notification received in relation to a certificate previously issued or scheme record previously disclosed, before the relevant date, as an equivalent Level 1 or Level 2 review application under the Disclosure Act for all purposes. If the Scottish Ministers are, before the relevant date, already considering the accuracy of information included in a certificate or a scheme record and have not, on the relevant date, made a decision on the accuracy of the information, they must treat the certificate previously issued or scheme record previously disclosed as an equivalent Level 1 or Level 2 review application under the Disclosure Act for all purposes and determine the dispute as if it were a Level 1 or Level 2 disclosure review application made under the Disclosure Act.
Regulation 8 of these Regulations makes transitional provision in relation to certificates issued under the 1997 Act and scheme records issued under the PVG Act which include details of a conviction that is eligible for removal (by order of a sheriff) from an individual’s certificate or scheme record. The effect is that where the Scottish Ministers have, before the relevant date:
issued a certificate or disclosed a scheme record that includes such a conviction and on the relevant date the individual has not notified the Scottish Ministers of their intention to make an application to the sheriff for an order requiring the issue of a new certificate that does not include the details of the conviction or removal of vetting information from their scheme record (and the timescale for doing so has not expired), on the relevant date the original certificate application or original scheme record request will be treated for all purposes as if it were an application for a Level 2 disclosure under the Disclosure Act. This means that any subsequent notification made by the individual (made within the timescale for doing so) will be treated as a Level 2 review application under section 20(1)(b) of the Disclosure Act,
issued a certificate or disclosed a scheme record that includes such a conviction and the individual has already notified the Scottish Ministers of their intention to make an application to the sheriff for an order requiring the issue of a new certificate that does not include the details of the conviction or removal of vetting information from their scheme record but on the relevant date has not yet made such application, the individual’s notification will be treated as a Level 2 review application under the Disclosure Act.
The transitional provision in regulation 8 will enable the Scottish Ministers to undertake a review of the ‘removable conviction’ under section 25 of the Disclosure Act.
Regulation 9 of these Regulations makes transitional provision in relation to applications to a sheriff by an individual, for an order requiring the issue of a new certificate or the removal of vetting information from their scheme record, where the application was made before the relevant date. It also makes provision for a Level 2 disclosure to be provided to the individual upon conclusion of the sheriff’s determination of the application after the relevant date and for that Level 2 disclosure to be subject to provision that is similar to provision in section 31(5) and (6) of the Disclosure Act relating to the further review of information included in a Level 2 disclosure in circumstances where a sheriff refuses the application. This is to ensure that the review process applies equally to all individuals. Regulation 9 also saves sections 116ZB of the 1997 Act and 52A of the PVG Act in relation to all applications made under those sections before the relevant date which are not finally disposed of by that date.
Regulation 10 of these Regulations makes transitional provision so that any person, currently registered as a registered person in the register maintained under section 120(1) of the 1997 Act, will automatically be included in the register for accredited bodies maintained under section 46(1) of the Disclosure Act in relation to the countersigning of applications for Level 2 disclosures under section 11 of that Act with effect from the relevant date. It makes transitional provision so that any conditions that are attached to that person’s registration continue to apply. It also makes transitional provision so that a person’s application for registration in the register maintained under section 120(1) of the 1997 Act made before the relevant date is treated for all purposes as if it were an application to be registered in the register of accredited bodies under section 47(1)(b) of the Disclosure Act if the Scottish Ministers haven’t determined that application by the relevant date.
Regulation 11 of these Regulations makes transitional provision in respect of section 45C of the PVG Act so that an individual does not commit an offence under that section if the individual has, before the relevant date, made an application to join the PVG Scheme in relation to the type of regulated role concerned and the application has not been withdrawn or finally determined.
Regulation 12 of these Regulations makes transitional provision in respect of how sections 45D and 45F of the PVG Act are to be read where:
an organisation which has, before the relevant date, received disclosure of a scheme record under section 52 of the PVG Act or a short scheme record under section 53 of the PVG Act in relation to the individual that sets out that the individual participates in the Scheme in relation to the same type of regulated work as the regulated role offered, to ensure that that organisation does not commit an offence under section 45D, and
a personnel supplier who has, before the relevant date, received disclosure of a scheme record under section 52 of the PVG Act or a short scheme record under section 53 of the PVG Act in relation to the individual that sets out that the individual participates in the Scheme in relation to the same type of regulated work as the regulated role offered, to ensure that that personnel supplier does not commit an offence under section 45F.
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 | |
Sections 34, 36, 37, 38 and 39 | 30 September 2024 | |
Section 45 (for the purposes of making regulations) | 30 September 2024 | |
Section 46 | 3 March 2025 | |
Section 47(1)(a), (2)(a), (3), (4), (7)(a), (b) and (c)(i), (8) and (11)(a) | 3 March 2025 | |
Section 49 (for the purposes of making regulations) | 30 September 2024 | |
Section 50(1), (2), (3), (5) and (6) | 3 March 2025 | |
Section 51 (for the purposes of making regulations) | 30 September 2024 | |
Section 51(1), (2), (6), (7), (8) and (9) | 3 March 2025 | |
Section 51(5) (for all remaining purposes) | 3 March 2025 | |
Section 52(1), (3)(b) and (6) | 3 March 2025 | |
Section 53 | 3 March 2025 | |
Sections 54 and 55 | 30 September 2024 | |
Sections 56, 58 and 59 (for the purposes of making regulations) | 30 September 2024 | |
Sections 60 and 61 | 30 September 2024 | |
Section 63 (partially) | 10 December 2021 | |
Section 68 (for the purposes of making regulations) | 30 September 2024 | |
Section 69 (partially) | 10 December 2021 | |
Section 69 (for all remaining purposes) | 30 September 2024 | |
Sections 73, 74(3) and (4) and 75 (for the purposes of making regulations) | 30 September 2024 | |
Section 78 | 10 December 2021 | |
Section 80 (for the purposes of making regulations) | 30 September 2024 | |
Section 82 | 30 September 2024 | |
Sections 83, 84 and 85 | 10 December 2021 | |
Section 86 (for the purpose of making regulations) | 30 September 2024 | |
Sections 87 and 88(1) and (2) | 10 December 2021 | |
Section 89 (partially) | 10 December 2021 | |
Section 89 (for all remaining purposes) | 1 April 2023 | |
Section 90 | 10 December 2021 | |
Section 93 (partially) | 10 December 2021 | |
Section 93 (partially) | 30 September 2024 | |
Schedules 3, 4 and paragraphs 5, 10(41) and 10(43) of schedule 5 (for the purposes of making regulations) | 30 September 2024 | |
Paragraph 12 of schedule 5 | 10 December 2021 |