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

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)(1) 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.

(1)

Section 30 was relevantly amended by section 77(3) and paragraph 10(20)(e) of schedule 5 of the Disclosure (Scotland) Act 2020 (asp 13) and S.S.I. 2025/74.