The Disclosure (Scotland) Act 2020 (Incidental, Supplementary and Consequential Provision) Regulations 2025

PART 1 Primary legislation

Rehabilitation of Offenders Act 1974

1.—(1) The Rehabilitation of Offenders Act 1974(1) is modified as follows.

(2) In section 3 (special provision with respect to certain disposals by children’s hearings)(2)—

(a) the existing text becomes subsection (1),

(b) the words from “a ground” to “section 65 or 85 of that Act” become paragraph (a) of that subsection,

(c) after that paragraph, insert—

“, or

(b) one or more of the section 67 grounds under the Children’s Hearings (Scotland) Act 2011 is that mentioned in section 67(2)(j) of that Act (meaning of “section 67 ground”)(3) and that ground has either been accepted by the child and, where necessary, by any person who is a relevant person, or has been established to the satisfaction of the sheriff under section 108 or 114 of that Act,”,

(d) after subsection (1) (as created by sub-paragraph (a)), insert—

“(2) In subsection (1)(b), “relevant person” has the meaning given in section 200 of the Children’s Hearings (Scotland) Act 2011 and includes any individual who is deemed to be a relevant person under section 81(3), or by virtue of an order under section 160(4)(b), of that Act.” (4).

Protection of Vulnerable Groups (Scotland) Act 2007

2.—(1) The PVG Act is modified as follows.

(2) In section 18 (police information etc.)—

(a) in subsection (4)(b) (inserted by paragraph 5(2)(a) of schedule 5 of the Disclosure Act), after “recorded” insert “in”,

(b) in subsection (5) (inserted by paragraph 5(2)(b) of schedule 5 of the Disclosure Act), in the definition of “relevant matter”, after paragraph (a), insert—

“(aa) a conviction that is not a non-disclosable children’s hearing outcome within the meaning of section 10 of that Act,”.

(3) In section 30(4) (as amended by paragraph 10(20) of schedule 5 of the Disclosure Act) (notice of listing etc.)—

(a) in paragraph (b), after “with children” insert “and any personnel supplier whom they know has offered or supplied the scheme member to carry out a regulated role with children”,

(b) in paragraph (c), after “with adults”, insert “and any personnel supplier whom they know has offered or supplied the scheme member to carry out a regulated role with adults”.

(4) Section 47H (offences outside Scotland) (inserted after section 45G of the PVG Act by section 88(3) of the Disclosure Act) is renumbered as section 45H.

(5) In section 49 (vetting information), subsection (1A) (inserted by paragraph 5(3)(b) of schedule 5 of the Disclosure Act) is renumbered as subsection (1B).

(6) In section 75 (sources of information)(5), subsections (2A) and (6) are repealed.

(7) In section 94(4) (meaning of “protected adult”) (as amended by section 75(5) of the Disclosure Act), for “subsection (1)(c)” substitute “subsection (1)(d)”.

Age of Criminal Responsibility (Scotland) Act 2019

3.—(1) The Age of Criminal Responsibility (Scotland) Act 2019(6) is modified as follows.

(2) In section 16 (notification to applicant or scheme member)—

(a) in subsection (A1)(7), the words “or (A3)” are repealed,

(b) in subsection (A2)(8)—

(i) in paragraph (a), for “113B(4) of the 1997 Act” substitute “14(1) of the Disclosure (Scotland) Act 2020”,

(ii) in paragraph (c), for “an enhanced criminal record certificate issued under section 113B of that Act” substitute “a Level 2 disclosure within the meaning given in section 8 of that Act”,

(c) subsection (A3) is repealed.

(3) In section 18(3)(a)(i) (review of referred information)(9), the words “or, as the case may be, (A3)” are repealed.

(4) In section 19(2)(a) (notification of determination)(10), the words “or, as the case may be, (A3)” are repealed.

(5) In section 20(1)(b) (appeal against determination under section 18)(11), the words “or, as the case may be, (A3)” are repealed.

(1)

1974 c. 53.

(2)

Section 3 was relevantly amended by paragraph 1(5) of schedule 2 of the Management of Offenders (Scotland) Act 2019 (asp 14) and section 4(3) of the Age of Criminal Responsibility (Scotland) Act 2019 (asp 7). Non-textual modifications were also made to section 3 by article 2(3) of S.S.I. 2013/146 for a transitory period until section 187 of the Children’s Hearings (Scotland) Act 2011 (“the 2011 Act”) came into force (article 1(2) of S.S.I. 2013/146). Paragraph 13 of schedule 5 of the Disclosure (Scotland) Act 2020 repeals section 187 of the 2011 Act.

(3)

2011 asp 1. There are amendments to section 67 which are not relevant to these Regulations.

(4)

There are amendments to section 81 which are not relevant to these Regulations. Section 160(4)(b) was amended by section 26(2) of the Children (Scotland) Act 2020 (asp 16).

(5)

Section 75 was amended by paragraph 36(4) of schedule 7 of the Police and Fire Reform (Scotland) Act 2012 (asp 8), section 10(4) of the Age of Criminal Responsibility (Scotland) Act 2019 (asp 7) and S.S.I. 2010/446.

(6)

2019 asp 7.

(7)

Subsection (A1) was inserted by S.S.I. 2021/476.

(8)

Subsection (A2) was inserted by S.S.I. 2021/476.

(9)

Section 18(3)(a)(i) was amended by S.S.I. 2021/476.

(10)

Section 19(2)(a) was amended by S.S.I. 2021/476.

(11)

Section 20(1)(b) was amended by S.S.I. 2021/476.