The Disclosure (Scotland) Act 2020 (Commencement No. 6, Consequential Amendment, Saving and Transitional Provision) Regulations 2025

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Disclosure (Scotland) Act 2020 (Commencement No. 6, Consequential Amendment, Saving and Transitional Provision) Regulations 2025.

(2) This regulation and regulations 2(1), 3 and 5 come into force on 12 January 2026.

(3) Regulations 2(2), 4, 6, 7 and schedules 1 and 2 come into force on 1 April 2026.

(4) In these Regulations—

“a regulated role with children” has the meaning given in schedule 2 of the PVG Act,

“existing Scheme member” means an individual who—

(a)

joined the Scheme in relation to a type of regulated role before 1 April 2026, and

(b)

on 1 April 2026, participates in the Scheme in relation to that type of regulated role,

“prescribed information” means the information that was prescribed for the purposes of section 7(1) and (3) of the PVG Act in the schedule of the Protection of Vulnerable Groups (Scotland) Act 2007 (Referrals by Courts) (Prescribed Information) Regulations 2010(1),

“the Consideration for Listing Regulations” means the Protection of Vulnerable Groups (Scotland) Act 2007 (Consideration for Listing) Regulations 2010(2),

“the Disclosure Act” means the Disclosure (Scotland) Act 2020,

“the PVG Act” means the Protection of Vulnerable Groups (Scotland) Act 2007,

“the relevant date” means 12 January 2026,

“the Scheme” means the scheme provided for by Part 2 of the PVG Act,

“type of regulated role” is to be construed in accordance with section 91(4) and (5) of the PVG Act.

Appointed day

2.—(1) Subject to regulation 3, 12 January 2026 is the day appointed for the coming into force of section 81 of the Disclosure Act.

(2) 1 April 2026 is the day appointed for the coming into force of the provisions of the Disclosure Act specified in column 1 of the table in schedule 1 (the subject matter of which is described in column 2 of that table).

Saving and transitional provision relating to consideration whether to list: court referrals

3.—(1) Paragraph (2) applies where—

(a) before the relevant date, prescribed information relating to an individual has been given to the Scottish Ministers in pursuance of section 7 of the PVG Act, and

(b) on the relevant date, the Scottish Ministers have not—

(i) satisfied themselves of the matters referred to in section 11(3) or (4) of the PVG Act,

(ii) listed the individual in the children’s list under section 15 of the PVG Act,

(iii) listed the individual in the adults’ list under section 16 of the PVG Act, or

(iv) given notice to the individual of their decision not to list them in the children’s list, the adults’ list or both lists under section 30(3C) or (4)(3) of the PVG Act.

(2) Despite the coming into force of section 81 of the Disclosure Act in accordance with regulation 2(1), section 11 of the PVG Act continues to have effect with the following modifications—

(a) omit subsection (2),

(b) in subsection (3)—

(i) in the opening words, omit “in any other case”,

(ii) in subsection (b), for “does, has done or is likely to do regulated work” substitute “carries out, has carried out or is likely to carry out a regulated role”, and

(c) in subsection (4)(b), for “does, has done or is likely to do regulated work” substitute “carries out, has carried out or is likely to carry out a regulated role”.

(3) Paragraph (4) applies where an individual—

(a) has been notified by the Scottish Ministers, in accordance with section 30(2)(b) and (3)(a) of the PVG Act, that they are being considered for listing in the children’s list under section 11(2) of the PVG Act,

(b) has not been notified by the Scottish Ministers under section 30(2)(a), (3C) or (4)(a) of the PVG Act, and

(c) does not carry out, has not carried out or is not likely to carry out, a regulated role with children.

(4) The Scottish Ministers must notify the individual, in writing, of the fact that they are no longer considering whether to list the individual.

(5) A notification under paragraph (4) is not to be treated as a decision not to list the individual after considering whether to do so for the purposes of section 30(3C) or (4) of the PVG Act (and accordingly no notice of the decision is to be given under either of those subsections of that section).

(6) The Consideration for Listing Regulations continue to have effect on and after the relevant date as they did immediately before that date for the purposes of the Scottish Ministers considering whether to list an individual in the children’s list, in the adults’ list or, where applicable, in both lists by virtue of section 11(3) or (4) of the PVG Act as saved by this regulation.

Transitional provision relating to duration of scheme membership

4.  An existing Scheme member joins the Scheme in relation to a type of regulated role, for the purposes of section 45A(1)(a) of the PVG Act, on the day on which the Scottish Ministers give notice of that fact, in writing, to the individual.

Amendment of the Consideration for Listing Regulations from 12 January 2026

5.—(1) The Consideration for Listing Regulations are amended in accordance with paragraphs (2) to (6).

(2) In regulation 2 (interpretation)(4), in paragraph (a) of the definition of “individual”, omit “, 7(1), 7(3)”.

(3) In regulation 3 (procedure for consideration under sections 10, 11, 12 or 13 of the Act whether to list)—

(a) in paragraphs (1) and (6), omit “11,”,

(b) omit paragraph (3).

(4) The heading of regulation 3 becomes “Procedure for consideration under sections 10, 12, or 13 of the Act whether to list”.

(5) In the schedule (procedure for consideration under sections 10, 11, 12 or 13 of the Act whether to list)—

(a) in paragraph 1(1) (notification of date of decision under section 10, 11, 12 or 13), omit “11,”,

(b) the heading of paragraph 1 becomes “Notification of date of decision under section 10, 12 or 13”,

(c) omit Part 3 (consideration procedure where consideration is under section 11(2), (3) or (4) of the Act),

(d) in paragraph 16(1) (notification of further procedure)(5), in the opening words, omit “3,”,

(e) in paragraph 17(1)(a) (report by expert adviser)(6), omit sub-paragraph (ii),

(f) in paragraph 18(1)(a) (assessment by suitably qualified individuals)(7), omit sub-paragraph (ii).

(6) The heading of the schedule becomes “Procedure for consideration under sections 10, 12 or 13 of the Act whether to list”.

Amendment of the Consideration for Listing Regulations from 1 April 2026

6.—(1) The Consideration for Listing Regulations are amended in accordance with paragraphs (2) to (5).

(2) In regulation 2 (interpretation), in the definition of “individual”—

(a) in paragraph (b), omit the second “or”,

(b) after paragraph (c), insert “or

(d) who—

(i) has not applied to renew their membership of the Scheme in relation to a type of regulated role before the end of their discretionary membership period (as defined in section 45B(3)(b)(iii) of the Act), and

(ii) Ministers have reasonable grounds to believe is carrying out a regulated role;”.

(3) After regulation 3(5) (procedure for consideration under sections 10, 12 or 13 of the Act whether to list), insert—

“(5A) The procedure set out in Part 5A of the Schedule applies when Ministers are considering, under section 45B(7) of the Act, whether to list an individual in the children’s list, in the adults’ list or, where applicable, in both lists.”.

(4) The heading of regulation 3 becomes “Procedure for consideration under sections 10, 12, 13 or 45B(7) of the Act whether to list”.

(5) In the schedule (procedure for consideration under sections 10, 12 or 13 of the Act whether to list)—

(a) in paragraph 1(1) (notification of date of decision under section 10, 12 or 13), for “section 10, 12 or 13 of the Act” substitute “section 10, 12, 13 or 45B(7) of the Act”,

(b) the heading of paragraph 1 becomes “Notification of date of decision under sections 10, 12, 13 or 45B(7)”,

(c) after Part 5 (consideration procedure where consideration is under section 13(2) or (3) of the Act), insert—

“Part 5A CONSIDERATION PROCEDURE WHERE CONSIDERATION IS UNDER SECTION 45B(7) OF THE ACT (Failure to apply for renewal of Scheme membership)

Notification of case giving rise to consideration for listing

15A.   Ministers must give to the individual—

(a) details of the date on which the individual’s membership period (within the meaning of section 45A(2) of the Act) commenced, or was renewed, for the type of regulated role in relation to which the individual participates in the Scheme;

(b) a copy of any notification, sent by Ministers, to the individual setting out the date on which the individual’s membership period (including any extended membership period (as defined in section 45B(2) of the Act) or discretionary membership period (as defined in section 45B(3)(b)(iii)) expired;

(c) a notice inviting the individual to—

(i) make representations as to why the individual should not be listed in the children’s list, in the adults’ list or, where applicable, in both lists;

(ii) submit any comments on the information provided to the individual under sub-paragraph (a) or (b); and

(iii) submit any further information to Ministers which the individual wishes to be taken into account by Ministers in deciding whether to list the individual in the children’s list, in the adults’ list or, where applicable, in both lists,

within 28 days of the date of receipt of that notice.

Further representations, comments or information to be sent to Ministers

15B.— (1) For the purpose of enabling or assisting Ministers to decide whether to list an individual, Ministers may, by notice, invite—

(a) any further representations, comments or information from the individual; or

(b) any information from any other person as Ministers may consider appropriate.

(2) Any representations, comments or information in response to a notice sent under sub-paragraph (1) are to be supplied to Ministers in such manner and within such time as Ministers may specify in the notice.

Notification of any further information on which Ministers intend to rely in deciding whether to list the individual

15C.   Ministers must give to the individual—

(a) details of any information supplied to Ministers under paragraph 15B(1)(b) on which they intend to rely in deciding whether to list the individual in the children’s list, in the adults’ list or, where applicable, in both lists;

(b) details of any other information on which they intend to rely including—

(i) information which they obtain in pursuance of a requirement made under section 18, 19 or 20 of the Act;

(ii) information which they obtain by performing their functions in relation to the Scheme;

(iii) any reports provided to Ministers under paragraphs 17(2) or 18(2); and

(c) a notice inviting the individual to—

(i) make any further representations as to why the individual should not be listed in the children’s list, in the adults’ list or, where applicable, in both lists;

(ii) submit comments on any of the information provided under sub-paragraphs (a) or (b); and

(iii) submit any further supporting information which the individual wishes to be taken into account by Ministers in deciding whether to list the individual in the children’s list, in the adults’ list or, where applicable, in both lists,

in such manner and within such time as Ministers may specify in that notice.”,

(d) in paragraph 16(1) (notification of further procedure), in the opening words, for “Parts 2, 4 and 5 of this Schedule” substitute “Parts 2, 4, 5 and 5A of this Schedule”,

(e) in paragraph 17(1)(a) (report by expert advisor), after sub-paragraph (iv), insert—

“(v) Part 5A of this Schedule, a copy of the information described in paragraph 15A(a) and (b) of this Schedule;”,

(f) in paragraph 18(1)(a) (assessment by suitably qualified individuals), after sub-paragraph (iv), insert—

“(v) Part 5A of this Schedule, a copy of the information described in paragraph 15A(a) and (b) of this Schedule;”.

Revocations

7.  Schedule 2 makes provision for revocations.

NATALIE DON-INNES

Authorised to sign by the Scottish Ministers

St Andrews House,

Edinburgh

13th November 2025