The Disclosure (Scotland) Act 2020 (Commencement No. 5, Saving and Transitional Provision) Regulations 2025

Savings and transitional provision relating to applications for an order under section 116ZB of the 1997 Act or section 52A of the PVG Act S

9.—(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.

Commencement Information

I1 Reg. 9 in force at 1.4.2025, see reg. 1(2)