Disclosure (Scotland) Act 2020

• (6) In subsection (5), “relevant individual”, in relation to an applicant, is—

• (a) where the applicant is an individual employing other persons in the course of a business, the individual,

• (b) where the applicant is a body corporate or unincorporated or is a statutory office-holder—

• (i) the individual nominated as the lead signatory of the applicant, and

• (ii) each individual nominated as a countersignatory of the applicant.

• (7) The Scottish Ministers may register in the register of accredited bodies an individual who applies to them and—

• (a) is 16 or 17 years of age,

• (b) employs other persons in the course of a business, and

• (c) satisfies—

• (i) the condition mentioned in subsection (4), and

• (ii) where the individual seeks registration of the type mentioned in subsection (1)(b) or (c), the condition mentioned in subsection (5).

• (8) Before refusing an application for registration under this section, the Scottish Ministers must give the applicant an opportunity to make representations.

• (9) Where the Scottish Ministers decide to refuse an application under this section for registration of the type mentioned in subsection (1)(c) because the condition mentioned in subsection (5) is not met, the decision applies to the application only insofar as the application relates to the countersigning of applications for Level 2 disclosures under section 11 (and does not affect the application insofar as it relates to the making of applications for Level 1 disclosures under section 2 on behalf of an individual).

• (10) In this Part, “disclosure information” means information contained in a Level 2 disclosure.

• (11) In this Part, references to acting in relation to a disclosure request are to be read as references to—

• (a) in relation to registration of the type mentioned in subsection (1)(a), making an application for a Level 1 disclosure under section 2 on behalf of an individual,

• (b) in relation to registration of the type mentioned in subsection (1)(b), countersigning an application for a Level 2 disclosure under section 11,

• (c) in relation to registration of the type mentioned in subsection (1)(c), both—

• (i) making an application for a Level 1 disclosure under section 2 on behalf of an individual, and

• (ii) countersigning an application for a Level 2 disclosure under section 11.

Protection of information: removal of registration

48

• (1) This section applies to an accredited body with registration of the type mentioned in section 47(1)(b) or (c).

• (2) The Scottish Ministers may remove the accredited body from the register of accredited bodies if they consider that a relevant individual is not a suitable person to have access to disclosure information (see section 49).

• (3) Before removing an accredited body from the register of accredited bodies under subsection (2), the Scottish Ministers must—

• (a) notify the persons mentioned in subsection (4) that they are considering whether to remove the accredited body from the register of accredited bodies, and

• (b) give those persons an opportunity to make representations.

• (4) The persons are—

• (a) where the accredited body is an individual employing other persons in the course of a business, the accredited body,

• (b) where the accredited body is a body corporate or unincorporated or a statutory office-holder—

• (i) the accredited body, and

• (ii) the relevant individual whom the Scottish Ministers consider may not be a suitable person to have access to disclosure information.

• (5) Where notice is given under subsection (3)(a) to an accredited body that is an individual employing other persons in the course of a business, the notice must include reasons for the Scottish Ministers considering whether to remove the accredited body from the register of accredited bodies.

• (6) Where notice is given under subsection (3)(a) to the relevant individual mentioned in subsection (4)(b)(ii), in relation to an accredited body that is a body corporate or unincorporated or a statutory office-holder, the notice must include reasons for the Scottish Ministers considering whether to remove the accredited body from the register of accredited bodies.

• (7) A decision by the Scottish Ministers under subsection (2) to remove an accredited body with registration of the type mentioned in section 47(1)(c) from the register of accredited bodies applies to the body's registration only insofar as it relates to the countersigning of applications for Level 2 disclosures under section 11 (and does not affect the body's registration insofar as it relates to the making of applications for Level 1 disclosures under section 2 on behalf of an individual).

• (8) In this section, a “relevant individual”, in relation to an accredited body, is—

• (a) where the accredited body is an individual employing other persons in the course of a business, the individual,

• (b) where the accredited body is a body corporate or unincorporated or is a statutory office-holder—

• (i) the lead signatory of the accredited body, and

• (ii) a countersignatory of the accredited body.

Suitable persons to have access to disclosure information

49

• (1) In determining, for the purposes of section 47(5) or 48(2) whether an individual is a suitable person to have access to disclosure information, the Scottish Ministers may have regard in particular to—

• (a) such details as may be prescribed under section 8(1)(a) of every criminal disposal incurred by the individual that is recorded in central records,

• (b) whether the individual is—

• (i) barred from regulated roles with children,

• (ii) barred from regulated roles with adults,

• (c) whether the Scottish Ministers are considering whether to list the individual in the children's list or the adults' list,

• (d) whether—

• (i) an application for registration in the register of accredited bodies by the individual has been refused,

• (ii) the individual has been removed from the register of accredited bodies,

• (iii) the individual's nomination as lead signatory or countersignatory of an accredited body has been refused,

• (iv) all of the prescribed details relating to the individual as a lead signatory or countersignatory of an accredited body have been removed from the entry for the accredited body in the register of accredited bodies,

and the reason for the refusal of the application, the removal of the individual (or all of the individual's prescribed details) from the register or the refusal of the nomination (as the case may be),

• (e) any information provided to them under subsection (2),

• (f) any representations made by the applicant or the accredited body concerned,

• (g) any other information held by the Scottish Ministers.

• (2) Before making a determination mentioned in subsection (1), the Scottish Ministers may request the chief officer of any relevant police force to provide them with information which—

• (a) is available to the chief officer,

• (b) relates to—

• (i) an applicant for registration in the register of accredited bodies,

• (ii) an accredited body, or

• (iii) an individual nominated as lead signatory or countersignatory of an accredited body,

• (c) the chief officer considers—

• (i) is relevant to the determination of the suitability of individuals to have access to disclosure information, and

• (ii) ought to be provided to the Scottish Ministers.

• (3) Where a request is made under subsection (2) to the chief constable, the chief constable must comply, as soon as practicable after receiving it, with the request.

• (4) The chief constable must not provide information by virtue of a request under subsection (2) if the chief constable thinks that disclosing the information would be contrary to the interests of the prevention or detection of crime.

• (5) In this section—

• “criminal disposal” has the same meaning as in section 8(3),

• “relevant police force” means such police force as may be prescribed.

• (6) In subsection (1)(d), references to—

• (a) the refusal of an application for registration,

• (b) removal from the register of accredited bodies (of an accredited body or all of the prescribed details of a lead signatory or countersignatory from the entry for an accredited body in the register of accredited bodies), and

• (c) refusal of nomination as lead signatory or countersignatory,

include references to any process applying in England and Wales or Northern Ireland which appears to the Scottish Ministers to be equivalent to such a refusal or removal.

• (7) For the purposes of this section—

• (a) references to a police force include—

• (i) the Royal Navy Police,

• (ii) the Royal Military Police,

• (iii) the Royal Air Force Police,

• (iv) the Ministry of Defence Police,

• (v) the British Transport Police,

• (vi) the Civil Nuclear Constabulary,

• (vii) the States of Jersey Police Force,

• (viii) the salaried police force of the Island of Guernsey,

• (ix) the Isle of Man Constabulary,

• (x) a body with functions in any country or territory outside the United Kingdom, the Channel Islands and the Isle of Man that correspond to those of a police force in any part of the United Kingdom,

• (b) references to the chief officer of a police force include the person responsible for the direction of a body mentioned in paragraph (a),

• (c) each of the following is to be treated as if it were a police force—

• (i) the Commissioners for Her Majesty's Revenue and Customs (and for this purpose a reference to the chief officer of a police force is to be taken to be a reference to any of the Commissioners),

• (ii) the National Crime Agency (and for this purpose a reference to the chief officer of a police force is to be taken to be a reference to the Director General of the Agency), and

• (iii) such other department or body as may be prescribed (and regulations may prescribe in relation to the department or body the person to whom a reference to the chief officer of a police force is to be taken to be).

Removal of registration on other grounds

50

• (1) The Scottish Ministers may remove an accredited body from the register of accredited bodies on any of the grounds mentioned in subsection (2) or (3).

• (2) The grounds are that the Scottish Ministers consider that—

• (a) the accredited body is no longer likely to be acting in relation to a disclosure request,

• (b) the accredited body has breached any condition of the body's registration that is imposed on the body by virtue of section 54 or under section 55(7),

• (c) the accredited body, its lead signatory or countersignatory or a disclosure information recipient has failed to comply with the code of practice published under section 55.

• (3) In the case of an accredited body that is a body corporate or unincorporated or a statutory office-holder, further grounds are that the accredited body does not have a lead signatory.

• (4) Where an accredited body has registration of the type mentioned in section 47(1)(c), the Scottish Minsters may remove the accredited body from the register of accredited bodies under subsection (1) in relation to either or both of—

• (a) the making of applications for Level 1 disclosures under section 2 on behalf of an individual,

• (b) the countersigning of applications for Level 2 disclosures under section 11.

• (5) Before removing an accredited body from the register of accredited bodies under subsection (1), the Scottish Ministers must—

• (a) notify the accredited body—

• (i) that they are considering whether to remove the accredited body from the register of accredited bodies, and

• (ii) of the reasons for considering that removal, and

• (b) give the accredited body an opportunity to make representations.

• (6) In subsection (2)(c), a “disclosure information recipient”, in relation to an accredited body, is a person mentioned in section 56(1)(b)(i) to whom the accredited body has provided disclosure information.

Lead signatories and countersignatories

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• (1) Where an application for registration in the register of accredited bodies is made by a body corporate or unincorporated or a statutory office-holder—

• (a) the applicant must in the application nominate a lead signatory, and

• (b) where the applicant is seeking registration of the type mentioned in section 47(1)(b) or (c), the applicant may in the application nominate one or more countersignatories.

• (2) Where an accredited body is a body corporate or unincorporated or a statutory office-holder, the accredited body may by application nominate—

• (a) a lead signatory in substitution for an individual previously nominated as lead signatory,

• (b) where the accredited body has registration of the type mentioned in section 47(1)(b) or (c), a countersignatory (whether in addition to, or in substitution for, an individual previously nominated as a countersignatory).

• (3) Where an application for registration in the register of accredited bodies is made by an individual who—

• (a) employs other persons in the course of a business, and

• (b) is seeking registration of the type mentioned in section 47(1)(b) or (c),

the applicant may in the application nominate one or more countersignatories.

• (4) Where an accredited body—

• (a) is an individual who employs other persons in the course of a business, and

• (b) has registration of the type mentioned in section 47(1)(b) or (c),

the accredited body may by application nominate one or more countersignatories.

• (5) An application under this section containing a nomination of a lead signatory or a countersignatory must also contain the prescribed details of the lead signatory or countersignatory.

• (6) If the Scottish Ministers accept the nomination of a lead signatory or countersignatory of an accredited body under this section they must include the prescribed details of the lead signatory or countersignatory in the entry for the accredited body in the register of accredited bodies.

• (7) An accredited body must notify the Scottish Ministers of any changes in the prescribed details submitted in accordance with this section of—

• (a) the body's lead signatory,

• (b) any countersignatory of the body.

• (8) In this Part—

• “countersignatory”, in relation to an accredited body, means an individual authorised to act for the accredited body in relation to the countersigning of an application for a Level 2 disclosure under section 11 by the accredited body,

• “lead signatory”, in relation to an accredited body, means the individual authorised to act in relation to registration of the body and with overall responsibility for the body's acting in relation to a disclosure request (including, where the accredited body has registration of the type mentioned in section 47(1)(b) or (c), authority to act as a countersignatory of the body).

• (9) An individual may not act as lead signatory or, as the case may be, countersignatory of an accredited body unless the prescribed details of the lead signatory or countersignatory are included in the entry for the accredited body in the register of accredited bodies.

Lead signatories and countersignatories: acceptance or refusal of nomination and removal from the register

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• (1) Subject to subsection (2), the Scottish Ministers must accept the nomination of an individual as the lead signatory or a countersignatory of an accredited body if—

• (a) the individual is 18 years of age or older, and

• (b) the individual is—

• (i) employed by the accredited body,

• (ii) otherwise appointed by the accredited body to act as the lead signatory or a countersignatory of the accredited body, or

• (iii) employed by a person acting on behalf of the accredited body.

• (2) Where the accredited body has registration of the type mentioned in section 47(1)(b) or (c), the Scottish Ministers may refuse to accept the nomination of an individual as the lead signatory or a countersignatory if, in their opinion, the individual is not a suitable person to have access to disclosure information.

• (3) The Scottish Ministers may remove all of the prescribed details of a lead signatory or countersignatory of an accredited body from the entry for the accredited body in the register of accredited bodies if they consider that—

• (a) the lead signatory or countersignatory is not a suitable person to have access to disclosure information, or

• (b) the lead signatory or countersignatory has failed to comply with the code of practice published under section 55.

• (4) In determining, for the purposes of subsection (2) or (3)(a), whether an individual is a suitable person to have access to disclosure information, the Scottish Ministers may have regard in particular to—

• (a) the matters mentioned in section 49(1) (but subsection (2)(b) of that section applies for the purposes of this section as if it referred only to the provision of information relating to the individual who is (or is nominated as) the lead signatory or a countersignatory of the accredited body concerned), and

• (b) any representations made by the individual who is (or is nominated as) the lead signatory or a countersignatory of the accredited body concerned.

• (5) Before refusing to accept a nomination by an accredited body of an individual as the lead signatory or a countersignatory under subsection (2), the Scottish Ministers must—

• (a) notify the individual—

• (i) that they are considering whether to refuse the nomination, and

• (ii) of the reasons for considering that refusal, and

• (b) give the individual an opportunity to make representations.

• (6) Before deciding to remove all of the prescribed details of the lead signatory or a countersignatory of an accredited body from the entry for the accredited body in the register of accredited bodies under subsection (3)(a) or (b), the Scottish Ministers must—

• (a) notify the lead signatory or countersignatory—

• (i) that they are considering whether to remove the details from the register of accredited bodies, and

• (ii) of the reasons for considering that removal, and

• (b) give the lead signatory or countersignatory an opportunity to make representations.

• (7) Where an accredited body has registration of the type mentioned in section 47(1)(c), a decision by the Scottish Ministers—

• (a) under subsection (2) to refuse the nomination of an individual as the lead signatory of the accredited body, or

• (b) under subsection (3)(a) to remove the prescribed details of the lead signatory from the entry for the accredited body in the register of accredited bodies,

relates only to the lead signatory acting in relation to Level 2 disclosures on behalf of the accredited body (and does not prevent the lead signatory acting otherwise on behalf of the accredited body).

• (8) In subsections (1), (2), (4) (insofar as it relates to subsection (2)), (5) and (7)—

• (a) the references to an accredited body include references to a person applying for registration in the register of accredited bodies, and

• (b) the references to an accredited body having registration of a type mentioned in section 47(1) include references to a person applying for registration of that type in the register of accredited bodies.

Notification and review of decisions: removal from register or refusal of registration or nomination

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• (1) This section applies where the Scottish Ministers decide to—

• (a) refuse an application for registration in the register of accredited bodies,

• (b) remove an accredited body from the register of accredited bodies,

• (c) refuse to accept the nomination of an individual as lead signatory or countersignatory of an accredited body,

• (d) remove all of the prescribed details of a lead signatory or countersignatory of an accredited body from the entry for the accredited body in the register of accredited bodies.

• (2) The reference in subsection (1)(b) to removing an accredited body from the register of accredited bodies includes, in the case of an accredited body with registration of the type mentioned in section 47(1)(c)—

• (a) removing the accredited body from the register in relation only to the making of applications for Level 1 disclosures under section 2 on behalf of an individual,

• (b) removing the accredited body from the register in relation only to the countersigning of applications for Level 2 disclosures under section 11.

• (3) The Scottish Ministers must notify the persons mentioned in subsection (4) of their decision and the reasons for the decision.

• (4) The persons are—

• (a) in the case of refusal of an application for registration, the applicant,

• (b) in the case of removal of an accredited body from the register, the accredited body,

• (c) in the case of refusal to accept the nomination of an individual as the lead signatory or a countersignatory of an accredited body, the individual,

• (d) in the case of removal of all of the prescribed details of a lead signatory or countersignatory of an accredited body from the entry for the accredited body in the register of accredited bodies, the lead signatory or (as the case may be) countersignatory.

• (5) Where the Scottish Ministers decide to—

• (a) refuse to accept the nomination of an individual as the lead signatory or a countersignatory of an accredited body, or

• (b) remove all of the prescribed details of the lead signatory or a countersignatory of an accredited body from the entry for the accredited body in the register of accredited bodies,

they must also notify the accredited body of their decision.

• (6) If a person notified under subsection (3) considers that the information on which the decision was based may have been inaccurate, the person may apply to the Scottish Ministers for a review of their decision.

Regulations about registration

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• (1) The Scottish Ministers may by regulations make further provision about the register of accredited bodies and registration in it.

• (2) Regulations under this section may in particular make provision for or in connection with—

• (a) the information to be included in an application for registration,

• (b) the information to be included in the register,

• (c) the registration of any accredited body being subject to conditions,

• (d) the process for refusing registration or removing an accredited body from the register,

• (e) the nomination of a lead signatory or countersignatory and acceptance or refusal by the Scottish Ministers of such a nomination,

• (f) the removal of all of the prescribed details of a lead signatory or countersignatory of an accredited body from the entry for the accredited body in the register,

• (g) the process for reviewing a decision to—

• (i) refuse an application for registration,

• (ii) remove an accredited body from the register,

• (iii) refuse to accept the nomination of a lead signatory or countersignatory,

• (iv) remove all of the prescribed details of a lead signatory or countersignatory of an accredited body from the entry for the accredited body in the register,

• (h) the suspension of the registration of an accredited body,

• (i) the period which must elapse before any person refused registration, or removed from the register, may apply again for registration.

• (3) The provision which may be made by virtue of subsection (2)(c) includes provision—

• (a) for the registration or continued registration of any accredited body to be subject to such conditions as may be specified in the regulations or, if the regulations so provide, such conditions as the Scottish Ministers consider appropriate, and

• (b) for the Scottish Ministers to vary or revoke those conditions.

Code of practice

55

• (1) The Scottish Ministers must publish a code of practice in connection with—

• (a) the use of disclosure information provided to, or

• (b) the exercise of any function by,

accredited bodies under this Part.

• (2) The Scottish Ministers must, as soon as practicable after publication, lay the code of practice before the Scottish Parliament.

• (3) The persons mentioned in subsection (4) must comply with the code of practice.

• (4) The persons are—

• (a) an accredited body,

• (b) the lead signatory of an accredited body,

• (c) a countersignatory of an accredited body,

• (d) a disclosure information recipient.

• (5) An accredited body must take all necessary steps with a view to ensuring the compliance by each disclosure information recipient with the code of practice.

• (6) The Scottish Ministers may from time to time publish a revised code of practice, and references in this Part to a code of practice include references to a revised code of practice.

• (7) Where an accredited body, its lead signatory or countersignatory or a disclosure information recipient has failed to comply with the code of practice, the Scottish Ministers may impose conditions in relation to the registration of the accredited body.

• (8) In this section, “disclosure information recipient” has the meaning given in section 50(6).

Sharing of Level 2 disclosure information by accredited bodies

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• (1) An accredited body may countersign an application for a Level 2 disclosure under section 11—

• (a) on its own behalf, or

• (b) if the condition mentioned in subsection (2) is met, at the request of another person who—

• (i) falls within any of paragraphs (a) to (c) of section 47(3) (but who is not an accredited body), or

• (ii) is an individual who does not employ other persons in the course of business.

• (2) The condition is that the person referred to in subsection (1)(b)(i) or (ii) is asking a question about the individual who is the subject of the Level 2 disclosure for the purpose of the disclosure.

• (3) Where a Level 2 disclosure is made available to an accredited body by virtue of an application for a Level 2 disclosure made at the request of another person mentioned in subsection (1)(b)(i), the accredited body may disclose information contained in the Level 2 disclosure to that person if the body is satisfied that disclosure to the person would comply with the code of practice published under section 55.

• (4) Where a Level 2 disclosure is made available to an accredited body by virtue of an application for a Level 2 disclosure made at the request of an individual mentioned in subsection (1)(b)(ii), the accredited body—

• (a) must not disclose the information contained in the Level 2 disclosure to the individual,

• (b) but may provide advice based on the information to the individual relating to the question referred to in subsection (2).

• (5) The Scottish Ministers may by regulations make provision about the fees that may be charged by accredited bodies in connection with countersigning an application for a Level 2 disclosure at the request of another person mentioned in subsection (1)(b)(ii).

Evidence of identity

Evidence of identity

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• (1) A person making an application under this Part must provide the Scottish Ministers with such evidence of identity as they may require in respect of the application.

• (2) The evidence of identity that may be required under subsection (1) includes evidence of the identity of—

• (a) the applicant,

• (b) where an application is made on behalf of an individual, that individual,

• (c) where an application is made—

• (i) for registration of an accredited body in the register of accredited bodies, or

• (ii) nominating a lead signatory or countersignatories of an accredited body,

the nominated lead signatory and countersignatories of the body.

• (3) The Scottish Ministers need not consider such an application if—

• (a) the applicant fails to comply with a requirement under this section, or

• (b) the evidence provided does not satisfy them as to the identity of the person in respect of whom it is required.

Power to use personal data to check identity

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• (1) The Scottish Ministers may use information provided to them by personal data holders to check evidence of identity given to them for the purposes of section 57.

• (2) Personal data holders are–

• (a) the Registrar General of Births, Deaths and Marriages for Scotland,

• (b) a Minister of the Crown in connection with—

• (i) passports,

• (ii) the keeping of records relating to immigration or visas,

• (iii) the keeping of records of national insurance numbers,

• (iv) the keeping of records relating to drivers and motor vehicles,

• (c) the Department for Infrastructure in Northern Ireland in connection with the keeping of records relating to drivers and motor vehicles,

• (d) such other persons holding data about individuals as may be prescribed.

• (3) The Registrar General of Births, Deaths and Marriages for Scotland must comply, as soon as practicable after receiving it, with any request by the Scottish Ministers to provide them with information which—

• (a) the Registrar General holds in connection with the keeping of records of births, marriages, deaths and adoptions, and

• (b) is relevant to the Scottish Ministers' functions under this Part.

Power to use fingerprints to check identity

59

• (1) The Scottish Ministers may require an individual in respect of whom evidence of identity may be required under section 57 to have fingerprints taken in such manner, by such person and at such place, as may be prescribed for the purposes of enabling or assisting the Scottish Ministers to satisfy themselves as to the identity of the individual.

• (2) But the Scottish Ministers may require an individual to have fingerprints taken under subsection (1) only if they are not satisfied by other evidence provided under section 57(1) as to the individual's identity.

• (3) Where the Scottish Ministers require an individual to have fingerprints taken under subsection (1) in connection with an application under this Part but the individual refuses to comply with that requirement, the Scottish Ministers need not consider the application.

• (4) The Scottish Ministers must arrange for the destruction of any such fingerprints as soon as reasonably practicable after they have been used for the purposes mentioned in subsection (1).

• (5) Any person who holds in Scotland records of fingerprints for the use of police forces generally must make those records available to the Scottish Ministers for the purposes of this section.

• (6) This section does not affect the generality of section 57 in relation to any other type of evidence of identity.

General

Form and manner of applications and notices

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• (1) The Scottish Ministers must determine the form and manner in which—

• (a) any application under this Part is to be made,

• (b) any notice or notification under this Part is to be given.

• (2) A determination under subsection (1) may in particular make provision for—

• (a) an application to be made (and signed or countersigned), or

• (b) a notice or notification to be given,

by using electronic communications.

• (3) A determination under subsection (1) must allow an application to be made in the form of a printed or written document if the applicant so chooses.

• (4) Subsection (3) does not apply to a determination relating to an application for a Level 1 disclosure made under section 2 by an accredited body on behalf of an individual.

• (5) A determination under subsection (1) relating to an application for a Level 1 disclosure made under section 2 by an accredited body on behalf of an individual may include provision about the form and manner in which the individual's consent to the application is to be given and evidenced for the purposes of subsection (2) of that section.

• (6) The Scottish Ministers may make different determinations under this section for—

• (a) different applications, notices or notifications, or

• (b) other different purposes.

• (7) The Scottish Ministers must arrange for their determinations under this section to be published in such manner as they see fit.

• (8) The Scottish Ministers need not consider any application under this Part that is not made in the form and manner determined by them under this section.

• (9) In this section, “application” includes request and any statement or other document that is to accompany an application.

Fees

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• (1) The Scottish Ministers may by regulations make provision for the charging of fees in respect of the exercise of their functions under this Part.

• (2) Regulations under this section may in particular provide for the charging of fees for or in connection with—

• (a) an application for a Level 1 disclosure,

• (b) an application for a Level 2 disclosure,

• (c) an application for registration in the register of accredited bodies and registration in the register,

• (d) an application nominating the lead signatory or a countersignatory of an accredited body,

• (e) the notification of any changes relating to the prescribed details of an accredited body's lead signatory or countersignatory,

• (f) the provision of any documentation confirming the authenticity of a certificate provided in response to an application for a Level 1 disclosure,

• (g) a Level 1 review application,

• (h) a Level 2 review application,

• (i) verifying the identity of an applicant of a disclosure request.

• (3) Regulations may in particular provide for—

• (a) different fees in different circumstances,

• (b) reduction, waiver or refund of fees,

• (c) the manner in which fees are to be paid.

• (4) The provision which may be made by virtue of subsection (2)(c) includes in particular provision for—

• (a) annual or other recurring fees in respect of—

• (i) registration in the register of accredited bodies,

• (ii) the nomination of the lead signatory or a countersignatory of an accredited body,

• (b) such annual or other recurring fees to be paid in advance or in arrears.

• (5) Where regulations provide for a fee to be charged in respect of any application, the Scottish Ministers need not consider the application unless the fee is paid in the manner provided for in the regulations.

Fees for provision of information by the chief constable

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The Scottish Ministers must pay to the Scottish Police Authority such fee as they think appropriate for the provision of information to them by the chief constable in pursuance of any provision of this Part.

Guidance for chief constable

63

• (1) The Scottish Ministers must issue guidance to the chief constable about the exercise of the chief constable's functions under this Part.

• (2) The Scottish Ministers may from time to time issue revised guidance, and references in this section to guidance include revised guidance.

• (3) The guidance may in particular include provision about the conduct of reviews under section 23.

• (4) Before issuing guidance under this section, the Scottish Ministers must consult the chief constable.

• (5) The chief constable must have regard to guidance issued under this section in exercising functions under this Part.

Sharing of information with the chief constable

64

• (1) The Scottish Ministers may make available to the chief constable any information mentioned in subsection (2) that they hold in connection with the performance of their functions under this Part.

• (2) The information is—

• (a) the name, address and date of birth of any individual,

• (b) any other information that would enable or assist constables of the Police Service of Scotland to satisfy themselves as to the identity of an individual.

• (3) Information disclosed under subsection (1) may be used by constables of the Police Service of Scotland only for—

• (a) the performance of the chief constable's functions under this Part, or

• (b) the law enforcement purposes within the meaning of section 31 of the Data Protection Act 2018.

Sources of information

65

• (1) Any person who holds central records must make those records available to the Scottish Ministers for the purposes of enabling or assisting them to perform their functions under this Part.

• (2) The Scottish Ministers may by notice require any person mentioned in subsection (3) to provide them with information which they—

• (a) believe the person holds, and

• (b) consider is necessary to carry out their functions under this Part.

• (3) The persons are—

• (a) an individual applying for a Level 1 or a Level 2 disclosure,

• (b) the chief constable,

• (c) the Principal Reporter,

• (d) the Scottish Courts and Tribunals Service,

• (e) a local authority,

• (f) any other person the Scottish Ministers consider appropriate.

• (4) The chief constable must not provide information by virtue of a notice under subsection (2) if the chief constable thinks that disclosing the information would be contrary to the interests of the prevention or detection of crime.

• (5) No proceedings are competent against the Scottish Ministers by reason of an inaccuracy in the information made available or provided to them in accordance with or in pursuance of any power or duty under this Part to provide information to the Scottish Ministers in relation to their functions under this Part.

Delegation of functions of Scottish Ministers

66

• (1) The Scottish Ministers may, to such extent and subject to such conditions as they think appropriate, delegate any of their functions under this Part (other than excepted functions) to such person as they may determine.

• (2) An excepted function is a function—

• (a) relating to the making of regulations,

• (b) relating to the publishing or revising of a code of practice under section 55,

• (c) relating to the laying of such a code of practice before the Scottish Parliament,

• (d) relating to the making of a determination under section 34(1) or 60(1),

• (e) relating to the determination of a fee under section 62,

• (f) relating to the issuing and revising of guidance under section 63.

• (3) A delegation under subsection (1) may be varied or revoked at any time.

• (4) No proceedings are competent against a person exercising functions delegated under this section by reason of an inaccuracy in the information made available or provided to the person in accordance with or in pursuance of any power or duty under this Part to provide information to the Scottish Ministers in relation to their functions under this Part.

Saving: disclosure of information and records

67

Nothing in this Part limits any power that exists otherwise than under this Act to disclose information or to make records available.

Definition of consideration of suitability

68

In sections 17(1)(b) and 44(2), the references to a person (“A”) considering an individual's suitability to carry out, or to be offered or supplied for, a type of regulated role are references to A considering the individual's suitability—

• (a) to carry out that type of regulated role for A,

• (b) to be supplied by A to carry out that type of regulated role for another person,

• (c) for any other prescribed purpose.

Interpretation of Part 1

69

In this Part—

• “2025 Order” means the Disclosure (Scotland) Act 2020 (Consequential Provisions and Modifications) Order 2025 (S.I. 2025/423),

• “accredited body” has the meaning given in section 46(2),

• “acting in relation to a disclosure request” is to be construed in accordance with section 47(11),

• the “adults' list” means the list referred to in section 1(1)(b) of the PVG Act,

• “barred from regulated roles with adults” is to be construed in accordance with section 92(2) of the PVG Act,

• “barred from regulated roles with children” is to be construed in accordance with section 92(1) of the PVG Act,

• “caution” means a caution given to a person in England and Wales or Northern Ireland in respect of an offence which, at the time when the caution is given, the person has admitted,

• “central records” means such records of convictions, cautions or other information held for the use of police forces generally as may be prescribed,

• “certificate” means any one or more documents provided in response to a particular application,

• “chief constable” means the chief constable of the Police Service of Scotland,

• “chief officer”, in relation to a body mentioned in article 5 of the 2025 Order, means the person stated by that article to be the body’s chief officer (but this definition does not supersede that given in section 49 for that section’s own purposes),

• “childhood caution”, in relation to an individual, means a caution given in respect of an offence committed when the individual was under 18 years of age,

• “childhood conviction”, in relation to an individual, means a conviction for an offence committed when the individual was under 18 years of age,

• “children” is to be construed in accordance with the definition of “child” in section 97(1) of the PVG Act,

• “children's hearing outcome” means anything treated as a conviction for the purposes of the Rehabilitation of Offenders Act 1974 by virtue of section 3 of that Act (special provision with respect to certain disposals by children's hearings),

• the “children's list” means the list referred to in section 1(1)(a) of the PVG Act,

• “conviction” means a conviction within the meaning of the Rehabilitation of Offenders Act 1974, but does not include a children's hearing outcome,

• “countersignatory” has the meaning given in section 51(8),

• “disclosure information” has the meaning given in section 47(10),

• “electronic communications” is to be construed in accordance with section 15(1) of the Electronic Communications Act 2000,

• “independent reviewer” means the independent reviewer established by section 11 of the Age of Criminal Responsibility (Scotland) Act 2019,

• “lead signatory” has the meaning given in section 51(8),

• “Level 1 disclosure” has the meaning given in section 1,

• “Level 1 review application” means an application under section 5(1),

• “Level 2 disclosure” has the meaning given in section 8,

• “Level 2 review application” means an application under section 20(1),

• “List A offence” means an offence listed in schedule 1,

• “List B offence” means an offence listed in schedule 2,

• “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975,

• “non-disclosable children's hearing outcome” has the meaning given in section 10,

• “non-disclosable conviction” has the meaning given in section 9,

• “police force” means—the Police Service of Scotland,a police force in England or Wales maintained under the Police Act 1996,the Police Service of Northern Ireland and the Police Service of Northern Ireland Reserve,

• “prescribed” means prescribed by regulations made by the Scottish Ministers,

• “purpose of the disclosure”, in relation to a Level 2 disclosure, is to be construed in accordance with sections 12(3) and 19(6),

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

• “register of accredited bodies” has the meaning given in section 46(1),

• “registration” has the meaning given in section 46(2),

• “regulated roles with children” has the meaning given in section 91 of the PVG Act,

• “regulated roles with adults” has the meaning given in section 91 of the PVG Act,

• “removable conviction” has the meaning given in section 20(6),

• “reviewable information” has the meaning given in section 20(2),

• “scheme record” has the meaning given in section 48 of the PVG Act,

• “spent”, in relation to a conviction (including a childhood conviction) or caution, means spent for the purpose of the Rehabilitation of Offenders Act 1974; and “unspent”, in relation to a conviction (including a childhood conviction) or caution, is to be construed accordingly,

• “statutory office-holder” means a person appointed to an office by virtue of an enactment,

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

PART 2 — Protection of vulnerable groups

Scheme membership

Participation in Scheme

70

For section 45 (participation in Scheme) of the PVG Act substitute—

(45) (1) An individual aged 16 or over may apply to Ministers— (a) to join the Scheme and become a member of the Scheme (a “scheme member”), or (b) if the individual is an existing scheme member, to renew that membership. (2) An individual may participate in the Scheme in relation to— (a) regulated roles with children, (b) regulated roles with adults, or (c) both types of regulated role. (3) Ministers must allow an individual to participate in the Scheme in relation to a type of regulated role if the individual is— (a) not barred from that type of regulated role, and (b) aged 16 or over.

.

Duration of Scheme membership

71

After section 45 of the PVG Act insert—

(45A) (1) A scheme member participates in the Scheme (unless earlier removed from the Scheme) in relation to a type of regulated role until the end of the period of 5 years beginning with the day on which— (a) the scheme member joins the Scheme in relation to that type of regulated role, or (as the case may be) (b) the scheme member's membership of the Scheme in relation to that type of regulated role is renewed. (2) In this section and section 45B, the period mentioned in subsection (1) is referred to as the “membership period”. (3) No later than 3 months before the end of the membership period (the “expiry date”)— (a) Ministers must send written notice to the persons mentioned in subsection (4)— (i) of the expiry date, and (ii) that the scheme member's participation in the Scheme in relation to the type of regulated role concerned will end on that date unless the scheme member's membership of the Scheme is renewed, (b) may send written notice of those facts to any person other than an organisation for whom Ministers know the scheme member is carrying out a regulated role of the type concerned. (4) The persons referred to in subsection (3)(a) are— (a) the scheme member, (b) any organisation for whom Ministers know the scheme member is carrying out a regulated role of the type concerned, (c) any personnel supplier whom Ministers know has offered or supplied the scheme member to carry out a regulated role of the type concerned, (d) any relevant regulatory body (within the meaning of section 13A(8)) whom Ministers think it would be appropriate to notify. (5) Subsection (6) applies where— (a) a scheme member participates in the Scheme in relation to both types of regulated role, and (b) notice is given under subsection (3)(a) to an organisation, personnel supplier or relevant regulatory body, or under subsection (3)(b), in relation to only one of the types of regulated role. (6) Where this subsection applies, the notice must not disclose any information relating to the scheme member's participation in the Scheme in relation to the other type of regulated role (or that the scheme member participates in the Scheme in relation to that other type of regulated role). (7) If a scheme member has applied to renew the scheme member's membership of the Scheme in relation to a type of regulated role before the expiry date but Ministers have not, as at the expiry date, determined the application, the scheme member's participation in the Scheme in relation to that type of regulated role is to continue in effect until the application is determined.

.

Failure to apply for renewal of Scheme membership

72

After section 45A of the PVG Act (inserted by section 71) insert—

(45B) (1) This section applies where a scheme member does not apply to renew the scheme member's membership of the Scheme in relation to a type of regulated role before the end of the membership period. (2) Ministers must extend the scheme member's participation in the Scheme in relation to that type of regulated role for a period of 4 weeks beginning with the end of the membership period (the “extended membership period”). (3) If before the end of the extended membership period— (a) Ministers are satisfied that the scheme member is not carrying out a regulated role of that type, Ministers must remove the scheme member from the Scheme in relation to that type of regulated role, or (b) Ministers are not so satisfied— (i) they must send written notice to the persons mentioned in subsection (5) of the expiry of the extended membership period and that the scheme member's participation in the Scheme in relation to that type of regulated role is to end on the expiry of that period unless the scheme member's membership of the Scheme is renewed, (ii) they may send written notice of those facts to any person other than an organisation for whom Ministers know the scheme member is carrying out a regulated role of the type in relation to which the member participates in the Scheme, and (iii) they may extend the scheme member's participation in the Scheme in relation to that type of regulated role for an additional period of 6 months beginning with the end of the extended membership period (the “discretionary membership period”). (4) Where Ministers decide under subsection (3)(b)(iii) to extend the scheme member's participation in the Scheme for the discretionary membership period— (a) they must send written notice to the persons mentioned in subsection (5)— (i) of that fact, and (ii) that the scheme member's participation in the Scheme in relation to the type of regulated role concerned is to end on the expiry of that period unless the scheme member's membership of the Scheme is renewed, and (b) they may send written notice of those facts to any person other than an organisation for whom Ministers know the scheme member is carrying out a regulated role of the type in relation to which the member participates in the Scheme. (5) The persons referred to in subsections (3)(b)(i) and (4)(a) are— (a) the scheme member, (b) any organisation for whom Ministers know the scheme member is carrying out a regulated role of the type in relation to which the scheme member participates in the Scheme, (c) any personnel supplier whom Ministers know has offered or supplied the scheme member to carry out a regulated role of the type in relation to which the scheme member participates in the Scheme, (d) any relevant regulatory body (within the meaning of section 13A(8)) whom Ministers think it would be appropriate to notify. (6) If— (a) the scheme member does not apply to renew the scheme member's membership of the Scheme in relation to that type of regulated role before the end of the discretionary membership period, and (b) Ministers are satisfied that the scheme member is not carrying out a regulated role of that type, Ministers must remove the scheme member from the Scheme in relation to that type of regulated role. (7) If— (a) the scheme member does not apply to renew the scheme member's membership of the Scheme in relation to that type of regulated role before the end of the discretionary membership period, and (b) Ministers have reasonable grounds to believe that the scheme member is carrying out a regulated role of that type, Ministers must consider listing the scheme member in the children's list or the adults' list (or both) if they consider that it may be appropriate for the scheme member to be included in that list (or both of those lists). (8) For the avoidance of doubt, subsection (7) applies in relation to the scheme member regardless of the type of regulated role in relation to which the scheme member participates in the Scheme. (9) If the scheme member has applied, during the extended membership period or the discretionary membership period, to renew the scheme member's membership of the Scheme in relation to a type of regulated role but Ministers have not by the end of such a period determined the application, the scheme member's participation in the Scheme in relation to that type of regulated role is to continue in effect until the application is determined. (10) Subsections (5) and (6) of section 45A apply for the purposes of this section as they apply for the purposes of that section except that the reference in subsection (5)(b) of that section— (a) to a notice given under subsection (3)(a) of that section is to be read as a reference to a notice given under subsection (3)(b)(i) or (4)(a) of this section, and (b) to a notice given under subsection (3)(b) of that section is to be read as a reference to a notice given under subsection (3)(b)(ii) or (4)(b) of this section. (11) Ministers need not consider— (a) an application for a Level 2 disclosure (within the meaning of section 8(1) of the Disclosure (Scotland) Act 2020) where section 17 of that Act applies, or (b) a request for confirmation of scheme membership under section 54, that is made by the scheme member during any discretionary membership period of the scheme member.

.

Compulsory Scheme membership

73

• (1) The PVG Act is amended as follows.

• (2) After section 45B (inserted by section 72) insert—

(45C) (1) It is an offence for an individual to carry out, or to agree to carry out, any type of regulated role unless the individual participates in the Scheme in relation to that type of regulated role. (2) For the purposes of subsection (1), an individual is not to be treated as having agreed to carry out a regulated role if the individual's agreement is subject to the individual's participating in the Scheme in relation to that type of role. (3) It is a defence for an individual charged with an offence under subsection (1)— (a) to prove that the individual did not know, and could not reasonably be expected to have known, that the role concerned was a regulated role, and (b) where the individual participated in the Scheme in relation to the type of regulated role concerned and the individual's membership of the Scheme in relation to that type of regulated role was not renewed, to prove that the individual did not know, and could not reasonably be expected to have known, that the individual's membership of the Scheme had not been renewed. (4) Subsection (1) does not apply to an individual who is— (a) barred from the type of regulated role concerned (but see section 34), (b) aged under 16. (45D) (1) It is an offence for an organisation to offer any type of regulated role to an individual unless the organisation has received a Level 2 disclosure in pursuance of a request under section 18(1)(a) of the Disclosure (Scotland) Act 2020 containing a statement confirming that the individual participates in the Scheme in relation to that type of regulated role. (2) For the purposes of subsection (1), an organisation is not to be treated as having offered a regulated role to an individual if the offer is subject to the organisation receiving a Level 2 disclosure as mentioned in subsection (1). (3) Subsection (1) does not apply in relation to an individual who is— (a) barred from the type of regulated role concerned (but see section 35), (b) aged under 16. (45E) (1) Ministers may by regulations— (a) prohibit an organisation from permitting an individual to carry out a regulated role, (b) require an organisation to remove an individual from a regulated role, where the individual does not participate in the Scheme in relation to that type of regulated role. (2) Regulations under subsection (1) may in particular— (a) impose prohibitions or requirements— (i) in relation to particular types of organisations, (ii) in relation to particular kinds of regulated roles, (b) otherwise limit the purposes for which the prohibition or requirement is to apply (or the area in which it is to apply) in such manner as Ministers think appropriate. (3) An organisation which fails to comply with regulations made under subsection (1) commits an offence. (4) It is a defence for an organisation charged with an offence under subsection (3) to prove that it did not know, and could not reasonably be expected to have known, that the individual does not participate in the Scheme in relation to that type of regulated role. (45F) (1) Subsection (2) applies where a personnel supplier knows or has reason to believe that an organisation will make arrangements for an individual to carry out a type of regulated role. (2) Where this subsection applies, it is an offence for the personnel supplier to offer or supply the individual to the organisation in relation to that type of regulated role unless the personnel supplier has received a Level 2 disclosure in pursuance of a request under section 18(1)(a) of the Disclosure (Scotland) Act 2020 containing a statement confirming that the individual participates in the Scheme in relation to that type of regulated role. (3) Subsection (2) does not apply in relation to an individual who is— (a) barred from the type of regulated role concerned (but see section 36), (b) aged under 16. (45G) A person who commits an offence under section 45C, 45D, 45E or 45F is liable— (a) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both), (b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).

.

• (3) In section 100 (orders and regulations), in subsection (4), after the entry in the list for section 35(2) insert— “ Section 45E(1) ”.

Regulated roles

Regulated roles

74

• (1) The PVG Act is amended as follows.

• (2) For section 91 (regulated work) substitute—

(91) (1) A regulated role means a regulated role with children or adults. (2) A regulated role with children has the meaning given in schedule 2. (3) A regulated role with adults has the meaning given in schedule 3. (4) In this Act, there are two types of regulated roles— (a) regulated roles with children, and (b) regulated roles with adults. (5) References in this Act to types of regulated roles are to be construed accordingly.

.

• (3) For schedule 2 (regulated work with children) substitute the schedule contained in schedule 3.

• (4) For schedule 3 (regulated work with adults) substitute the schedule contained in schedule 4.

Meaning of “protected adult”

75

• (1) Section 94 (meaning of “protected adult”) of the PVG Act is amended as follows.

• (2) In subsection (1) for the words from “an individual” to the end of that subsection substitute

— (a) an individual aged 18 or over who, by reason of physical or mental disability, illness, infirmity or ageing— (i) has an impaired ability to protect themself from physical or psychological harm, or (ii) requires assistance with the activities of daily living, (b) in relation to a regulated role with adults that involves the carrying out of activities mentioned in paragraph 17 of Part 2 of schedule 3, an individual aged 18 or over who— (i) is homeless (within the meaning of section 24 of the Housing (Scotland) Act 1987), or (ii) has experienced, is experiencing or is at risk of experiencing domestic abuse, (c) in relation to a regulated role with adults that involves the carrying out of activities mentioned in one or more of paragraphs 6 to 12 of Part 2 of schedule 3 (health care), an individual aged 18 or over who is being provided with a prescribed health service, or (d) in relation to a regulated role with adults that involves the carrying out of such of the activities mentioned in Part 2 of schedule 3 as may be prescribed, an individual aged 18 or over who is being provided with— (i) a prescribed support service, (ii) a prescribed adult placement service, (iii) a prescribed care home service, (iv) a prescribed housing support service, (v) a prescribed community care service, or (vi) a prescribed welfare service.

.

• (3) After subsection (2) insert—

(2A) In subsection (1)(b)(ii), “domestic abuse” means behaviour (whether or not amounting to a criminal offence) that— (a) is perpetrated between partners or ex-partners, whether in the home or elsewhere or by means of electronic or other forms of communications, and (b) involves any form of physical, verbal, sexual, psychological, emotional or financial abuse of one of the partners or ex-partners by the other. (2B) For the purposes of subsection (2A), a person is a partner of another person if they are— (a) married to each other, (b) civil partners of each other, (c) living with each other as if they were married to each other, or (d) otherwise in an intimate relationship with each other, and the references to ex-partners are to be construed accordingly.

.

• (4) In subsection (3)—

• (a) in paragraph (a), for “paragraph (a) of subsection (1)” substitute “ sub-paragraphs (i) to (iv) of subsection (1)(d) ”,

• (b) paragraphs (b) and (c) are repealed.

• (5) In subsection (4)—

• (a) after “In” insert “ sub-paragraph (v) of ”,

• (b) the definition of “direct payment” is repealed.

• (6) In subsection (5), for “subsection (1)(d)” substitute “ sub-paragraph (vi) of subsection (1)(d) ”.

Scheme members under consideration for listing

Conditions imposed on scheme members under consideration for listing

76

• (1) The PVG Act is amended as follows.

• (2) After section 13 insert—

(13A) (1) Where Ministers are considering whether to list a scheme member by virtue of sections 10 to 13 or section 45B(7), they may impose such conditions on the scheme member as— (a) may be prescribed, and (b) they consider necessary for the protection of the public or otherwise in the public interest. (2) Regulations under subsection (1)(a) may in particular provide that Ministers may— (a) restrict the scheme member from carrying out a regulated role, (b) require that the scheme member may carry out a regulated role only under the supervision of another scheme member whom Ministers are not considering whether to list by virtue of sections 10 to 13 or section 45B(7), (c) require that the scheme member may carry out only a regulated role of such description as may be specified by Ministers, (d) require the scheme member to provide to them information relating to any regulated role which the scheme member is carrying out, or is to carry out, for a person or individual who is not an organisation or a personnel supplier. (3) Ministers may impose a condition under subsection (1) only on the basis of— (a) information which caused them to consider listing the scheme member, (b) information relating to the scheme member which they obtain— (i) in pursuance of a requirement made under any of sections 18 to 20, or (ii) otherwise in performing their functions in relation to the Scheme. (4) A condition imposed under subsection (1) applies for the prescribed period beginning with the day on which Ministers impose the condition on the scheme member and ceases to apply at the end of that period unless it is confirmed by the sheriff under section 13B. (5) Where Ministers decide under subsection (1) to impose a condition on a scheme member, they must notify the persons mentioned in subsection (6) of— (a) that fact, and (b) the details of the condition. (6) The persons are— (a) the scheme member, (b) an organisation for whom Ministers know the scheme member is carrying out, or is seeking or agreeing to carry out, a regulated role, (c) a personnel supplier whom Ministers know has offered or supplied the scheme member to carry out a regulated role, (d) any relevant regulatory body whom Ministers think it would be appropriate to notify under subsection (5), and (e) the chief constable. (7) In addition, Ministers must inform the scheme member of the reason for imposing the condition. (8) In subsection (6)(d) (and section 13B(9)(c)), a “relevant regulatory body” is— - The General Teaching Council for Scotland, - Healthcare Improvement Scotland, - The Scottish Social Services Council, - Social Care and Social Work Improvement Scotland, - any other person specified in regulations made by Ministers. (9) In this section (and in sections 13B and 13C), “condition” includes restriction or requirement. (13B) (1) Ministers may apply to the sheriff for confirmation of a condition imposed on a scheme member under section 13A(1). (2) An application under subsection (1) must be made before the expiry of the period referred to in section 13A(4). (3) Where an application under subsection (1) is made, that period is to be treated for the purposes of section 13A(4) as not having ended until the application is determined. (4) In considering an application under subsection (1), the sheriff may— (a) confirm the condition (with or without variation), (b) remove the condition, or (c) impose another condition. (5) The sheriff may only— (a) make a variation to a condition under subsection (4)(a) if the variation would result in a condition that could have been imposed by Ministers under section 13A(1), or (b) impose a condition under subsection (4)(c) if the condition is one that could have been imposed by Ministers under section 13A(1). (6) If the sheriff confirms (with or without variation) the condition under paragraph (a) of subsection (4) or imposes another condition under paragraph (c) of that subsection, that condition applies until Ministers make a decision under section 15 or, as the case may be, 16. (7) If the sheriff removes the condition under subsection (4)(b), the condition ceases to apply from the date of the sheriff's decision. (8) The scheme member is entitled to be a party to proceedings on an application under subsection (1). (9) Ministers must notify the following persons of the sheriff's decision under subsection (4)— (a) the scheme member, (b) an organisation (or other person) for whom they know the scheme member is carrying out, or seeking or agreeing to carry out, a regulated role, (c) any relevant regulatory body whom Ministers think it would be appropriate to notify of the decision, (d) the chief constable. (10) For the purposes of subsection (2), an application is made when it is lodged with the sheriff clerk. (11) Proceedings on an application under subsection (1) may take place in private if the sheriff considers it appropriate in all the circumstances. (13C) (1) It is an offence for a scheme member on whom a condition is imposed under section 13A(1) to fail to comply with the condition. (2) It is an offence for a person mentioned in subsection (3) to knowingly do anything, or fail to do anything, that results in a scheme member failing to comply with a condition imposed on the scheme member under section 13A(1). (3) The persons referred to in subsection (2) are— (a) an organisation for whom the scheme member is carrying out a regulated role, (b) a personnel supplier who has offered or supplied the scheme member to carry out a regulated role. (4) It is a defence for a person charged with an offence under subsection (1) or (2) to prove that the person did not know, and could not reasonably be expected to have known, that a condition was imposed on the scheme member. (5) A person who commits an offence under subsection (1) or (2) is liable— (a) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both), (b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).

.

• (3) In section 100 (orders and regulations), in subsection (4), before the entry in the list for section 14(3) insert— “ Section 13A(1)(a) ”.

Notice of consideration for listing

77

• (1) Section 30 (notice of listing etc.) of the PVG Act is amended as follows.

• (2) In subsection (3)—

• (a) in paragraph (b), at the end 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), at the end (and before the word “and” immediately following that paragraph) insert “ and any personnel supplier whom they know has offered or supplied the scheme member to carry out a regulated role with adults, ”.

• (3) After subsection (3) insert—

(3A) Subsection (3B) applies where— (a) Ministers are considering whether to list an individual by virtue of sections 10 to 13 or section 45B(7), and (b) they know that the individual is carrying out a regulated role with children or, as the case may be, a regulated role with adults for a person other than an organisation. (3B) Where this subsection applies, Ministers may notify the person— (a) that they are considering whether to list the individual in the children's list or, as the case may be, in the adults' list, and (b) of the details of any conditions that Ministers have imposed under section 13A(1) or, if no such conditions have been imposed, of that fact.”. (3C) After considering whether to list an individual as mentioned in subsection (3A)(a), Ministers may notify their decision (whether to list the individual or not to do so) to any person other than an organisation for whom they know the individual is carrying out a regulated role with children or, as the case may be, a regulated role with adults.

.

• (4) In subsection (5), after “(2)” insert “ , (3B), (3C) ”.

Withdrawal from Scheme when under consideration for listing

78

• (1) The PVG Act is amended as follows.

• (2) After section 59 insert—