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

Regulation 3

SCHEDULE S

Commencement Information

I1 Sch. in force at 1.4.2025 for specified purposes, see reg. 1(3)(a)

I2 Sch. in force at 1.7.2025 in so far as not already in force, see reg. 1(3)(b)

Provisions of the Disclosure Act coming into force on 1 April 2025.

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.
[F1 Section 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]
[F2 Section 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.
[F3 Paragraphs 10(1) to (19), (21) to (32), (34) to (40), (44) to (51), (53) and (54) of schedule 5	Consequential and minor modifications]
[F4 Paragraph 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

Textual Amendments

F1 Words in sch. substituted (31.3.2025) by The Disclosure (Scotland) Act 2020 (Commencement No. 5, Saving and Transitional Provision) Amendment Regulations 2025 (S.S.I. 2025/73), regs. 1, 2(3)(a)

F2 Words in sch. substituted (31.3.2025) by The Disclosure (Scotland) Act 2020 (Commencement No. 5, Saving and Transitional Provision) Amendment Regulations 2025 (S.S.I. 2025/73), regs. 1, 2(3)(b)

F3 Words in sch. substituted (31.3.2025) by The Disclosure (Scotland) Act 2020 (Commencement No. 5, Saving and Transitional Provision) Amendment Regulations 2025 (S.S.I. 2025/73), regs. 1, 2(3)(c)

F4 Words in sch. inserted (31.3.2025) by The Disclosure (Scotland) Act 2020 (Commencement No. 5, Saving and Transitional Provision) Amendment Regulations 2025 (S.S.I. 2025/73), regs. 1, 2(3)(d)