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Disclosure (Scotland) Act 2020

Type Act of the Scottish Parliament

Publication 2020-07-14

Last updated 2026-04-01

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(59A) (1) Where— (a) Ministers remove an individual who is a scheme member from the Scheme under section 59, and (b) at the time of the removal, they are considering whether to list the individual by virtue of sections 10 to 13 or section 45B(7), they may decide not to continue to consider whether to list the individual. (2) Where Ministers decide under subsection (1) not to continue to consider whether to list an individual, that decision is not to be treated as a decision not to list the individual after considering whether to do so for the purposes of subsection (3C) or (4) of section 30 (and accordingly no notice of the decision under subsection (1) is to be given under either of those subsections of that section).

(3) In section 60 (notice of removal), after subsection (2) insert—

(2A) Where Ministers decide under section 59A(1) not to continue to consider whether to list the individual a notice under subsection (1) must also give notice of that fact.

Notice of barred status

79

After section 46 of the PVG Act insert—

(46A) (1) Subsection (2) applies where— (a) an accredited body has countersigned an application for a Level 2 disclosure, (b) the individual applying for the disclosure seeks to participate in the Scheme, (c) the purpose of the disclosure is to enable the accredited body (or any person for whom the body acts) to consider the individual's suitability to carry out, or to be offered or supplied for, a type of regulated role, and (d) Ministers have refused to allow the individual to participate in the Scheme in relation to that type of regulated role because the individual is— (i) barred from regulated roles with children, or (as the case may be) (ii) barred from regulated roles with adults. (2) Where this subsection applies, Ministers must notify the accredited body that they have refused to allow the individual to participate in the Scheme in relation to that type of regulated role because the individual is— (a) barred from regulated roles with children, or (as the case may be) (b) barred from regulated roles with adults. (3) In this section— - “accredited body” has the meaning given in section 46(2) of the Disclosure (Scotland) Act 2020, - “Level 2 disclosure” has the meaning given in section 8 of that Act.

Listing

Reference by chief constable

80

(1) The PVG Act is amended as follows.

(2) After section 6 insert—

(6A) The chief constable must give Ministers any prescribed information that the chief constable holds in relation to an individual whom the chief constable considers is or has been carrying out a type of regulated role while not participating in the Scheme in relation to that type of regulated role.

(3) After section 10(1)(a) (consideration whether to list: organisational referrals etc.) insert—

(aa) where prescribed information relating to an individual has been given to Ministers in pursuance of section 6A, or

Removal of references by court

81

(1) The PVG Act is amended as follows.

(2) The following provisions are repealed—

(a) section 7,

(b) section 11,

(d) schedule 1,

(e) in the table in schedule 5, the entry relating to “relevant offence”.

(3) In section 32 (relevant offences etc.)—

(a) in subsection (4), the word “7,” is repealed,

(b) the title of the section becomes “ Individual not criminally responsible or unfit for trial: order treated as conviction ”.

Reference by councils or integration joint boards

82

(1) Section 8 (reference by certain other persons) of the PVG Act is amended as follows.

(2) In subsection (2)—

(a) before the entry in the list for the General Teaching Council for Scotland insert— “ Councils ”,

(b) after the entry in the list for Healthcare Improvement Scotland insert— “ An integration joint board established by order under section 9 of the Public Bodies (Joint Working) (Scotland) Act 2014 ”.

(3) In subsection (3), before paragraph (a) insert—

(za) in relation to a council or an integration joint board mentioned in subsection (2), such functions as are conferred on either of them by the Social Work (Scotland) Act 1968, the Children (Scotland) Act 1995, the Adults with Incapacity (Scotland) Act 2000, the Adult Support and Protection (Scotland) Act 2007 or the Children and Young People (Scotland) Act 2014,

Application for removal from list

83

(1) Section 25 (application for removal from list) of the PVG Act is amended as follows.

(2) In subsection (3), for paragraph (b) substitute—

(b) Ministers are satisfied that there has been a relevant change in the applicant's circumstances since the applicant— (i) was listed, or (ii) last made an application for removal from the list under this section.

(3) After subsection (4) insert—

(4A) For the purposes of subsection (3)(b), a change in the applicant's circumstances is relevant if it is relevant to the question whether the applicant is no longer unsuitable to carry out regulated roles with children or, as the case may be, regulated roles with adults.

(4) Subsections (5) and (6) are repealed.

Ministers’ powers to remove from list

84

(1) The PVG Act is amended as follows.

(2) In section 28 (late representations), after subsection (1) insert—

(1A) This section also applies where an individual listed under section 15 or 16 (other than one mentioned in subsection (1))— (a) seeks to make representations to Ministers as to why the individual should not have been listed, and (b) Ministers consider that it is appropriate in all the circumstances to allow the representations to be made.

(3) In section 29 (removal from list), in subsection (1)(b)—

(a) the words “they are satisfied that the individual should not have been listed” become sub-paragraph (i), and

(b) at the end of that sub-paragraph insert

, or (ii) they are otherwise satisfied that the individual is no longer unsuitable to carry out regulated roles with children or, as the case may be, regulated roles with adults.

Appeals and removals: information power

85

(1) The PVG Act is amended as follows.

(2) In section 26 (determination of application for removal from list), subsection (3) is repealed.

(3) After section 29 insert—

(29A) (1) Sections 18 to 20 apply— (a) for any of the purposes specified in subsection (2) as they apply for the purpose of enabling or assisting Ministers to decide whether to list an individual, (b) with the modifications that are specified in subsection (2) in relation to the purpose. (2) The purposes (and modifications) are— (a) enabling or assisting Ministers to consider, in relation to an appeal under section 21, 22 or 23, whether an individual should have been listed (with references to deciding whether to list an individual being read as references to deciding whether the individual should have been listed), (b) enabling or assisting Ministers to determine under section 26 an application for removal from the children's list or the adults' list (with references to deciding whether to list an individual being read as references to determining whether to remove an individual from the list), (c) enabling or assisting Ministers to consider, in relation to an appeal under section 27, whether an application for removal from the children's list or the adults' list should have been refused under section 26 (with references to deciding whether to list an individual being read as references to deciding whether an application for removal from the list should have been refused), (d) enabling or assisting Ministers to decide under section 28 or 29 whether to remove an individual from the children's list or the adults' list (with references to deciding whether to list an individual being read as references to deciding whether an individual should not have been listed or is no longer unsuitable to carry out regulated roles with children or, as the case may be, regulated roles with adults).”. Confirmation of PVG Scheme membership

Confirmation of PVG Scheme membership

Confirmation of scheme membership under the PVG Act

86

(1) The PVG Act is amended as follows.

(2) For section 46 (statement of scheme membership) substitute—

(46) (1) Ministers must provide a confirmation of scheme membership to each scheme member. (2) A confirmation of scheme membership is a document which— (a) specifies the type of regulated role in relation to which the scheme member participates in the Scheme, (b) confirms that the scheme member is not barred from that type of role, (c) if Ministers are considering whether to list the member in relation to that type of role— (i) states that fact, and (ii) sets out details of any conditions that Ministers have imposed under section 13A(1) or, if no such conditions have been imposed, states that fact, and (d) contains such other information about the scheme member as may be prescribed. (3) Ministers need not comply with subsection (1) where, at the same time as the individual applies to join the scheme, the individual makes an application under section 11 of the Disclosure (Scotland) Act 2020 for a Level 2 disclosure where section 17 of that Act applies.

(3) For section 54 (disclosure of scheme membership) substitute—

(54) (1) Where— (a) a scheme member requests that Ministers make a confirmation of scheme membership available to such other person (a “third party”) as the member specifies in the request, and (b) the conditions in subsection (2) are satisfied, Ministers must comply with the request. (2) The conditions are that— (a) the request includes a statement referred to in subsection (3), (b) the request specifies the type of regulated role in relation to which it is made, and (c) the scheme member participates in the Scheme in relation to that type of regulated role. (3) The statement is a statement by the scheme member that the confirmation of scheme membership is requested for the purpose of enabling or assisting the third party (or any other person for whom the third party acts) to consider the member's suitability to carry out, or to be offered or supplied for, the type of regulated role in relation to which the member participates in the Scheme.

Miscellaneous

Retention of scheme records after removal

87

In section 61 (retention of scheme records after removal) of the PVG Act, after subsection (2) insert—

(3) Where Ministers decide under section 59A(1) not to continue to consider whether to list an individual, Ministers may keep any information received by them when considering whether to list the individual for the purposes of enabling or assisting them to perform their functions under this Act.

Offences outside Scotland

88

(1) The PVG Act is amended as follows.

(2) After section 37 insert—

(37A) (1) This section applies where an offence is committed under section 34, 35 or 36 outside Scotland. (2) The person committing the offence may be prosecuted, tried and punished for the offence— (a) in a sheriff court district in which the person is apprehended or in custody, or (b) in a sheriff court district determined by the Lord Advocate, as if the offence had been committed in that district. (3) The offence is, for all purposes incidental to or consequential on the trial and punishment, deemed to have been committed in that district.

(3) After section 45G (as inserted by section 73) insert—

(47H) (1) This section applies where an offence is committed under section 45C, 45D, 45E or 45F outside Scotland. (2) The person committing the offence may be prosecuted, tried and punished for the offence— (a) in a sheriff court district in which the person is apprehended or in custody, or (b) in a sheriff court district determined by the Lord Advocate, as if the offence had been committed in that district. (3) The offence is, for all purposes incidental to or consequential on the trial and punishment, deemed to have been committed in that district.

Guidance for chief constable

89

After section 84 of the PVG Act insert—

(84A) (1) The Scottish Ministers must issue guidance to the chief constable about the exercise of the chief constable's functions under Parts 1 and 2 of this Act. (2) The Scottish Ministers may from time to time issue revised guidance, and references in this section to guidance include revised guidance. (3) Before issuing guidance under this section, the Scottish Ministers must consult the chief constable. (4) The chief constable must have regard to guidance issued under this section in exercising functions under Part 1 or 2 of this Act. (5) This section does not affect the generality of section 84.

Meaning of “conviction”

90

(1) The PVG Act is amended as follows.

(2) In section 97(1) (general interpretation), after the definition of “conduct” insert—

“conviction” means a conviction within the meaning of the Rehabilitation of Offenders Act 1974; and references to “convicted” (other than in section 14) are to be construed accordingly,

(3) In schedule 5 (index), at the appropriate place insert—

conviction, convicted (other than in section 14)	section 97(1)

PART 3 — General

Regulations

91

(1) Any power of the Scottish Ministers to make regulations under this Act includes power to make—

(a) incidental, supplementary, consequential, transitional, transitory or saving provision,

(b) different provision for different purposes.

(2) Regulations under section 9(3), 38(1) or 39(1) are subject to the affirmative procedure.

(3) Regulations under section 92(1) containing provisions which add to, replace or omit any part of the text of an Act are subject to the affirmative procedure.

(4) All other regulations under this Act are subject to the negative procedure.

(5) This section does not apply to regulations under section 97(2).

Ancillary provision

92

(1) The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, in connection with or for giving full effect to this Act or any provision made under it.

(2) Regulations under subsection (1) may modify any enactment (including this Act).

Consequential and minor modifications

93

In schedule 5—

(a) Part 1 contains modifications of enactments in consequence of Part 1.

(b) Part 2 contains modifications of enactments in consequence of Part 2.

Individual culpability where organisation commits offence

94

(1) This section applies where—

(a) an offence under this Act is committed by a relevant organisation, and

(b) the commission of the offence—

(i) involves consent or connivance on the part of a responsible individual, or

(ii) is attributable to neglect on the part of a responsible individual.

(2) The responsible individual (as well as the relevant organisation) commits the offence.

(3) For the purposes of this section—

(a) “relevant organisation” means an organisation listed in the first column of the table in subsection (4),

(b) “responsible individual” means, in relation to a relevant organisation—

(i) an individual falling within the corresponding entry in the second column of the table in subsection (4), or

(ii) an individual purporting to act in the capacity of an individual falling within the corresponding entry.

(4) The table is as follows—

*Organisation*	*Individual*
company as mentioned in section 1 of the Companies Act 2006	director, manager, secretary or other similar officer
company as mentioned in section 1 of the Companies Act 2006	member, where the company's affairs are managed by its members
limited liability partnership	member
other partnership	partner
any other body or association	individual who is concerned in the management or control of its affairs

Meaning of “the PVG Act”

95

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

Crown application

96

(1) Nothing in or under this Act makes the Crown criminally liable.

(2) The Court of Session may, on an application by the Scottish Ministers, declare unlawful any act or omission for which the Crown would be criminally liable if it were not for subsection (1).

(3) Subsection (1) does not affect the criminal liability of persons in the service of the Crown.

Commencement

97

(1) This Part, other than section 93, comes into force on the day after Royal Assent.

(2) The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint.

(3) Regulations under subsection (2) may—

(a) include transitional, transitory or saving provision,

(b) make different provision for different purposes.

Short title

98

The short title of this Act is the Disclosure (Scotland) Act 2020.

SCHEDULE 1

PART 1 — Common law offences

1

Abduction.

2

Abortion.

3

Assault to the danger of life.

4

Assault to severe injury.

5

Assault with intent to rape or ravish.

6

Assault with intent to commit the statutory offence of rape.

7

Bestiality.

8

Cruel and unnatural treatment of persons.

9

Culpable homicide.

10

Defeating the ends of justice.

11

Drugging.

12

Embezzlement.

13

Extortion.

14

Hamesucken.

15

Perverting the course of justice (by whatever means and however the offence is described), including in particular—

(a) false accusation of a crime,

(b) perjury,

(d) prison breaking,

(e) subornation of perjury.

16

Plagium.

17

Reset of plagium.

18

Wilful fire-raising.

PART 2 — Statutory offences

Armed forces

19

An offence under section 42 of the Armed Forces Act 2006 (criminal conduct) where the corresponding offence under the law of England and Wales is, or corresponds to, an offence listed in this schedule.

Bribery

20

An offence under the Bribery Act 2010.

Children

21

An offence under section 12 of the Children and Young Persons (Scotland) Act 1937 (cruelty to persons under 16).

Computer misuse

22

An offence under section 3ZA of the Computer Misuse Act 1990 (unauthorised acts causing, or creating risk of, serious damage).

Domestic abuse

23

An offence under section 76 of the Serious Crime Act 2015 (controlling or coercive behaviour in an intimate or family relationship).

24

An offence under section 2 of the Domestic Abuse (Scotland) Act 2011 (breach of domestic abuse interdict with power of arrest).

25

An offence under section 1 of the Domestic Abuse (Scotland) Act 2018 (abusive behaviour towards partner or ex-partner).

Explosives

26

An offence under the Explosive Substances Act 1883.

False statements and declarations

27

An offence under section 44 of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements and declarations).

Firearms and other weapons

28

An offence under section 1A of the Prevention of Crime Act 1953 (threatening with offensive weapon in public).

29

An offence under any of the following provisions of the Firearms Act 1968—

(a) section 4 (conversion of weapons),

(b) section 5 (weapons subject to general prohibition),

(d) section 16A (possession of firearm with intent to cause fear of violence),

(e) section 17 (use of firearm to resist arrest),

(f) section 18 (carrying firearm with criminal intent),

(g) section 19 (carrying firearm in a public place),

(h) section 20 (trespassing with firearm),

(i) section 21 (possession of firearm by persons previously convicted of crime),

(j) section 24 (supplying firearms to minors),

(k) section 25 (supplying firearm to person drunk or insane),

(l) section 46(5) (power of search with warrant),

(m) section 47 (powers of constables to stop and search),

(n) section 48 (production of certificates).

30

An offence under the Chemical Weapons Act 1996.

31

An offence under section 139AA of the Criminal Justice Act 1988 (threatening with article with blade or point or offensive weapon).

Forced marriage

32

An offence under section 9 of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 (offence of breaching order).

33

An offence under section 122 of the Anti-social Behaviour, Crime and Policing Act 2014 (offence of forced marriage: Scotland).

Fraud and forgery

34

An offence under any of the following provisions of the Forgery and Counterfeiting Act 1981—

(a) Part 1 (forgery and kindred offences),

(b) section 14 (offences of counterfeiting notes and coins),

(d) section 16 (offences involving custody or control of counterfeit notes and coins),

(e) section 17 (offences involving the making or custody or control of counterfeiting materials and implements).

Harassment

35

An offence under section 234A of the Criminal Procedure (Scotland) Act 1995 (non-harassment orders).

36

An offence under any of the following provisions of the Protection from Harassment Act 1997—

(a) section 2 (offence of harassment),

(b) section 2A (offence of stalking),

(d) section 4A (stalking involving fear of violence or serious alarm or distress),

(e) section 9 (breach of non-harassment order).

Human trafficking and exploitation

37

An offence under section 22 of the Criminal Justice (Scotland) Act 2003 (traffic in prostitution etc.).

38

An offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (trafficking people for exploitation).

39

An offence under section 47 of the Criminal Justice and Licensing (Scotland) Act 2010 (slavery, servitude and forced or compulsory labour).

40

An offence under section 3A of the Female Genital Mutilation Act 2003 (failure to protect girl from risk of genital mutilation).

41

An offence under the Prohibition of Female Genital Mutilation (Scotland) Act 2005.

42

An offence under any of the following provisions of the Human Trafficking and Exploitation (Scotland) Act 2015—

(a) section 1 (offence of human trafficking),

(b) section 4 (slavery, servitude and forced or compulsory labour),

Insolvency

43

An offence under any of the following provisions of the Insolvency Act 1986—

(a) section 206 (fraud, etc. in anticipation of winding up),

(b) section 207 (transactions in fraud of creditors),

(d) section 209 (falsification of company's books),

(e) section 210 (material omissions from statement relating to company's affairs),

(f) section 211 (false representations to creditors).

Medical professions etc.

44

An offence under section 10Z9 of the National Health Service (Scotland) Act 1978 (offences in relation to registration).

45

An offence under any of the following provisions of the Medical Act 1983—

(a) section 49 (penalty for pretending to be registered),

(b) section 49A (penalty for pretending to hold a licence to practise).

46

An offence under article 38 of the Pharmacy Order 2010 (offences relating to the Register).

Medicines

47

An offence under any of the following provisions of the Medicines Act 1968—

(a) section 67(1A) and (1B) (offences under Part 3),

(b) section 78 (restrictions on use of titles, descriptions and emblems).

Proceeds of crime and money laundering

48

An offence under any of the following provisions of the Proceeds of Crime Act 2002—

(a) Part 7 (money laundering), other than section 339(1A),

(b) Part 8 (investigations).

Prostitution

49

An offence under any of the following provisions of the Criminal Law (Consolidation) (Scotland) Act 1995—

(a) section 7 (procuring),

(b) section 9 (permitting girl to use premises for intercourse),

(d) section 12 (allowing child to be in brothel),

(e) section 13(9) (living on the earnings of another from male prostitution).

Road traffic

50

An offence under any of the following provisions of the Road Traffic Act 1988—

(a) section 1 (causing death by dangerous driving),

(b) section 3ZC (causing death by driving: disqualified drivers),

Serious organised crime

51

An offence under any of the following provisions of the Criminal Justice and Licensing (Scotland) Act 2010—

(a) section 28 (involvement in serious organised crime),

(b) section 30 (directing serious organised crime),

Sexual offences

52

An offence under section 50(3) of the Customs and Excise Management Act 1979 (penalty for improper importation of goods) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876, but only where the prohibited goods include indecent photographs of persons.

53

An offence under section 51A of the Civic Government (Scotland) Act 1982 (extreme pornography).

54

A sexual offence within the meaning given in section 210A(10) of the Criminal Procedure (Scotland) Act 1995 other than an offence mentioned in paragraph (xxvii)(ZF) or (ZG) of the definition of “sexual offence” in that subsection (engaging while an older child in sexual conduct with or towards another older child).

55

An offence under any of the following provisions of the Sexual Offences Act 2003—

(za) section 66A (sending etc. photograph or film of genitals),

(zb) section 66B (sharing or threatening to share intimate photograph or film).

(a) section 67A (voyeurism: additional offences),

(b) section 103I (breach of sexual harm prevention order or interim sexual harm prevention order),

(d) section 122H (breach of sexual risk order or interim sexual risk order).

56

An offence under section 7 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (offence: breach of risk of sexual harm order or interim risk of sexual harm order etc.).

57

An offence under any of the following provisions of the Sexual Offences (Scotland) Act 2009—

(a) section 54 (incitement to commit certain sexual acts outside Scotland),

(b) section 54A (offences committed outside Scotland),

58

An offence under section 69 of the Serious Crime Act 2015 (possession of paedophile material).

59

An offence under any of the following provisions of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016—

(a) section 2 (disclosing, or threatening to disclose, an intimate photograph or film),

(b) section 24 (breach of sexual harm prevention order or interim sexual harm prevention order),

(d) section 37 (breach of orders equivalent to orders in Chapters 3 and 4).

Solicitors

60

An offence under the Solicitors (Scotland) Act 1980.

Stalking and harassment

61

An offence under section 50A of the Criminal Law (Consolidation) (Scotland) Act 1995 (racially-aggravated harassment).

62

An offence under section 39 of the Criminal Justice and Licensing (Scotland) Act 2010 (offence of stalking).

Taxation

63

An offence under any of the following provisions of the Criminal Finances Act 2017—

(a) section 45(1) (failure to prevent facilitation of UK tax evasion offences),

(b) section 46(1) (failure to prevent facilitation of foreign tax evasion offences).

Terrorism

64

An offence under any of the following provisions of the Terrorism Act 2000—

(a) section 11 (membership),

(b) section 12 (support),

(d) section 16 (use and possession),

(e) section 17 (funding arrangements),

(f) section 17A(2) or (4) (insurance payments made in response to terrorist demands),

(g) section 18 (money laundering),

(h) section 19 (disclosure of information: duty),

(i) section 21A (failure to disclose: regulated sector),

(j) section 21D (tipping off: regulated sector),

(k) section 38B (information about acts of terrorism),

(l) section 39 (disclosure of information, &c.),

(m) section 54 (weapons training),

(n) section 56 (directing terrorist organisation),

(o) section 57 (possession for terrorist purposes),

(p) section 58 (collection of information),

(q) section 58A (eliciting, publishing or communicating),

(r) section 58B (entering or remaining in a designated area),

(s) section 61 (inciting terrorism overseas).

65

An offence under any of the following provisions of the Anti-terrorism, Crime and Security Act 2001—

(a) section 47 (use etc. of nuclear weapons),

(b) section 50 (assisting or inducing certain weapons-related acts overseas),

(d) section 54 (offences),

(e) section 67 (offences),

(f) section 79 (prohibition of disclosures relating to nuclear security),

(g) section 80 (prohibition of disclosures of uranium enrichment technology),

(h) section 113 (use of noxious substances or things to cause harm and intimidate),

(i) section 114 (hoaxes involving noxious substances or things),

(j) paragraph 7 of schedule 3 (offences).

66

An offence under the Terrorism Act 2006.

67

An offence under any of the following provisions of the Counter-Terrorism Act 2008—

(a) section 2 (offence of obstruction),

(b) section 54 (offences relating to notification),

(d) paragraph 30 of schedule 7 (offences: failure to comply with requirement imposed by direction),

(e) paragraph 30A of schedule 7 (offences: relevant person circumventing requirements),

(f) paragraph 31 of schedule 7 (offences in connection with licences).

Violent offender orders

68

An offence under section 113(1) of the Criminal Justice and Immigration Act 2008 (breach of violent offender order or interim violent offender order).

Vulnerable persons

69

An offence under section 83 of the Adults with Incapacity (Scotland) Act 2000 (offence of ill-treatment and wilful neglect).

70

An offence under section 315 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (ill-treatment and wilful neglect of mentally disordered person).

71

An offence under any of the following provisions of the Protection of Vulnerable Groups (Scotland) Act 2007—

(a) section 13C (breach of conditions: offences),

(b) section 34 (barred individuals not to carry out regulated roles),

(d) section 36 (personnel suppliers not to supply barred individuals for regulated roles),

(e) section 45C (individuals must be scheme members to carry out regulated roles),

(f) section 45D (organisations not to use individuals for regulated roles without confirming scheme membership),

(g) section 45E (power to require organisations to stop using individuals for regulated roles without scheme membership),

(h) section 45F (personnel suppliers not to supply individuals for regulated roles without confirming scheme membership).

72

Any offence where the conduct in respect of which the person was convicted also constituted a breach of a banning order granted under section 19 of the Adult Support and Protection (Scotland) Act 2007 (banning orders).

73

An offence under section 26 of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (care worker offence).

Witness protection

74

An offence under any of the following provisions of the Serious Organised Crime and Police Act 2005—

(a) section 86 (offence of disclosing information about protection arrangements),

(b) section 88 (offences of disclosing information relating to persons assuming new identity).

Statutory aggravations

75

An offence (other than another List A offence) in relation to which any of the following provisions apply—

(a) section 31 of the Counter-Terrorism Act 2008 (offences aggravated by terrorism),

(b) section 29(1) of the Criminal Justice and Licensing (Scotland) Act 2010 (offences aggravated by connection with serious organised crime),

(c) section 5 of the Human Trafficking and Exploitation (Scotland) Act 2015 (aggravation by connection with human trafficking activity),

(d) section 1 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (offences aggravated by involving abuse of partner or ex-partner).

PART 3 — Other

Common law aggravations

76

An offence the conviction for which indicates that it was committed against a child.

77

An offence the conviction for which indicates that it included a sexual element.

Inchoate offences

78

An offence committed by aiding, abetting, counselling, procuring or inciting the commission of the offence of murder or any offence listed in paragraphs 1 to 77A of this schedule.

79

An offence committed by attempting or conspiring to commit the offence of murder or any offence listed in paragraphs 1 to 77A of this schedule.

Superseded offences

80

An offence superseded (whether directly or indirectly) by any offence listed in paragraphs 1 to 79 of this schedule (and any qualification in relation to a listed offence applies to the superseded offence as it applies to the listed offence).

Combined offences

81

An offence which was charged, and the conviction for which was received, in conjunction with any offence listed in paragraphs 1 to 80 of this schedule.

Corresponding offences elsewhere in the UK or abroad

82

An offence under the law of England and Wales or Northern Ireland, or any country or territory outside the United Kingdom, which corresponds to any offence listed in paragraphs 1 to 81 of this schedule.

SCHEDULE 2

PART 1 — Common law offences

1

Assault excluding any assault that is a List A offence.

2

Breach of the peace.

3

Clandestinely taking possession.

4

Culpable and reckless conduct.

5

Culpable and reckless endangering of the public.

6

Culpable and reckless fire-raising.

7

Fraud.

8

Hijacking.

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

Opening a lockfast place with intent to steal.

11

Piracy.

12

Public indecency.

13

Reset (excluding reset of plagium).

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15

Theft (excluding plagium).

16

Treason.

17

Uttering.

18

Uttering threats.

PART 2 — Statutory offences

Adult support and protection

19

An offence under section 49 of the Adult Support and Protection (Scotland) Act 2007 (obstruction).

Armed forces

20

Assaulting or hindering public officials

21

An offence under section 89 of the Police Act 1996 (assaults on constables).

22

An offence under section 32 of the Commissioners for Revenue and Customs Act 2005 (assault).

23

An offence under the Emergency Workers (Scotland) Act 2005.

24

An offence under section 85 of the Fire (Scotland) Act 2005 (false alarms).

25

An offence under section 90 of the Police and Fire Reform (Scotland) Act 2012 (assaulting or impeding police).

Aviation, maritime and spaceflight

26

An offence under the Piracy Act 1837.

27

An offence under any of the following provisions of the Aviation Security Act 1982—

(a) section 1 (hijacking),

(b) section 2 (destroying, damaging or endangering safety of aircraft),

(d) section 4 (offences in relation to certain dangerous articles).

28

An offence under section 9 of the Aviation and Maritime Security Act 1990 (hijacking of ships).

29

An offence under article 265 of the Air Navigation Order 2016 in respect of a contravention of article 240 of that Order (endangering safety of aircraft).

30

An offence under any of the following paragraphs of schedule 4 of the Space Industry Act 2018—

(a) paragraph 1 (hijacking of spacecraft),

(b) paragraph 2 (destroying, damaging or endangering safety of spacecraft),

(d) paragraph 5 (offences in relation to certain dangerous articles).

Care services

31

An offence under any of the following provisions of the Regulation of Care (Scotland) Act 2001—

(a) section 45 (application for registration under Part 3),

(b) section 52 (use of title “social worker” etc.).

32

An offence under any of the following provisions of the Public Services Reform (Scotland) Act 2010—

(a) section 80(1) (offences in relation to registration under Chapter 3),

(b) section 81 (false statements in application under Chapter 3),

33

An offence under article 27 of the Public Services Reform (General Teaching Council for Scotland) Order 2011 (offences).

34

An offence under regulation 19 of the Social Care and Social Work Improvement (Scotland) (Requirements for Care Services) Regulations 2011 (offences).

Charities

35

An offence under the Charities and Trustee Investment (Scotland) Act 2005.

Child Support

36

An offence under section 50 of the Child Support Act 1991 (unauthorised disclosure of information).

Children

37

An offence under section 6 of the Child Abduction Act 1984 (offence in Scotland of parent, etc. taking or sending child out of United Kingdom).

Computer misuse

38

An offence under any of the following provisions of the Computer Misuse Act 1990—

(a) section 1 (unauthorised access to computer material),

(b) section 2 (unauthorised access with intent to commit or facilitate commission of further offences),

(c) section 3 (unauthorised acts with intent to impair, or with recklessness as to impairing, operation of computer etc.),

(d) section 3A (making, supplying or obtaining articles for use in an offence under section 1, 3 or 3ZA).

Crossbows

39

An offence under section 1 of the Crossbows Act 1987 (sale and letting on hire).

Drugs

40

An offence under any of the following provisions of the Misuse of Drugs Act 1971—

(a) section 3 (restriction of importation and exportation of controlled drugs),

(b) section 4 (restriction of production and supply of controlled drugs),

(d) section 5(3) (restriction of possession of controlled drugs),

(e) section 6 (restriction of cultivation of cannabis plant),

(f) section 8(a) and (b) (occupiers etc. of premises to be punishable for certain activities taking place there),

(g) section 12 (directions prohibiting prescribing, supply etc. of controlled drugs by practitioners etc. convicted of certain offences),

(h) section 13 (directions prohibiting prescribing, supply etc. of controlled drugs by practitioners in other cases),

(i) section 17 (power to obtain information from doctors, pharmacists etc. in certain circumstances),

(j) section 19 (attempts etc. to commit offences), but only in relation to an offence listed in sub-paragraphs (a) to (i) of this paragraph,

(k) section 20 (assisting in or inducing commission outside United Kingdom of offence punishable under corresponding law).

41

An offence under any of the following provisions of the Customs and Excise Management Act 1979 in relation to goods prohibited to be imported or exported under section 3(1) of the Misuse of Drugs Act 1971 (restriction of importation and exportation of controlled drugs)—

(a) section 50(2) or (3) (penalty for improper importation of goods),

(b) section 68(2) (offences in relation to exportation of prohibited or restricted goods),

42

An offence under the Criminal Justice (International Co-operation) Act 1990.

43

An offence under any of the following provisions of the Psychoactive Substances Act 2016—

(a) section 5 (supplying, or offering to supply, a psychoactive substance),

(b) section 7 (possession of psychoactive substance with intent to supply),

(d) section 9 (possession of a psychoactive substance in a custodial institution),

(e) section 48 (offence in relation to enforcement officers).

Escape from custody etc.

44

An offence under section 316 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (inducing and assisting absconding etc.).

45

An offence under section 91 of the Police and Fire Reform (Scotland) Act 2012 (escape from custody).

Financial services

46

An offence under the Financial Services and Markets Act 2000.

47

An offence under the Financial Services Act 2012.

Fire safety

48

An offence under section 72(1) or (3) of the Fire (Scotland) Act 2005 (offences).

Firearms

49

An offence under any of the following provisions of the Firearms Act 1968—

(a) section 1 (requirement of firearm certificate),

(b) section 2 (requirement of certificate for possession of shot guns),

(d) section 22 (acquisition and possession of firearms by minors),

(e) section 23 (exceptions from section 22(4)),

(f) section 28A(7) (certificates: supplementary),

(g) section 29 (variation of firearm certificates),

(h) section 30D(3) (revocation of certificates: supplementary),

(i) section 39 (offences in connection with registration),

(j) section 40 (compulsory register of transactions in firearms).

50

An offence under section 50(5) of the Civic Government (Scotland) Act 1982 (drunk in possession of firearm).

51

An offence under the Firearms (Amendment) Act 1997.

52

An offence under any of the following provisions of the Violent Crime Reduction Act 2006—

(a) section 28 (using someone to mind a weapon),

(b) section 32 (sales of air weapons by way of trade or business to be face to face),

(d) section 36 (manufacture, import and sale of realistic imitation firearms).

53

An offence under section 31 of the Air Weapons and Licensing (Scotland) Act 2015 (false statements, certificates and permits).

Food safety and standards

54

An offence under any of the following provisions of the Food Safety Act 1990—

(a) section 7 (rendering food injurious to health),

(b) section 9 (inspection and seizure of suspected food).

55

An offence under regulation 4(b) of the General Food Regulations 2004 (food safety requirements).

Fraud and forgery

56

An offence under any of the following provisions of the Forgery and Counterfeiting Act 1981—

(a) section 18 (offence of reproducing British currency notes),

(b) section 19 (offences of making etc. imitation British coins).

57

An offence under section 46A of the Criminal Law (Consolidation) (Scotland) Act 1995 (false monetary instruments).

58

An offence under the Fraud Act 2006.

59

An offence under section 993 of the Companies Act 2006 (offence of fraudulent trading).

60

An offence under section 49 of the Criminal Justice and Licensing (Scotland) Act 2010 (articles for use in fraud).

61

An offence under section 92 of the Police and Fire Reform (Scotland) Act 2012 (impersonation etc.).

Immigration etc.

62

An offence under any of the following provisions of the Immigration and Asylum Act 1999—

(a) section 105 (false representations),

(b) section 106 (dishonest representations),

(i) paragraph 1 (obtaining certificates of authorisation by false pretences),

(ii) paragraph 4 (assaulting a detainee custody officer),

(iii) paragraph 5 (obstructing detainee custody officers).

63

An offence under section 35 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (deportation or removal: cooperation).

64

An offence under section 21 of the Immigration, Asylum and Nationality Act 2006 (offence).

Insolvency

65

An offence under any of the following provisions of the Insolvency Act 1986—

(a) section 131 (company's statement of affairs),

(b) section 216 (restriction on re-use of company names),

Landmines

66

An offence under section 2 of the Landmines Act 1998 (prohibited conduct).

Lasers

67

An offence under the Laser Misuse (Vehicles) Act 2018.

Medicines

68

An offence under section 67(2) or (3) of the Medicines Act 1968 (offences under Part 3).

69

An offence under any of the following provisions of the Human Medicines Regulations 2012—

(a) regulation 34(1) (offences: breach of regulations and false information and defence concerning starting materials),

(b) regulation 255(1)(a), (b), (c) or (d) (offences relating to dealings with medicinal products).

Mental health

70

An offence under section 318 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (false statements).

Neglect of duty

71

An offence under Part 4 (shipping: alcohol and drugs) or Part 5 (aviation: alcohol and drugs) of the Railways and Transport Safety Act 2003.

72

An offence under section 22 of the Police and Fire Reform (Scotland) Act 2012 (failure to perform duty).

Obscene material etc.

73

An offence under section 1(1) of the Indecent Displays (Control) Act 1981 (indecent displays).

74

An offence under section 51 of the Civic Government (Scotland) Act 1982 (obscene material).

75

An offence under section 85(3) of the Postal Services Act 2000 (prohibition on sending certain articles by post).

76

An offence under section 127(1) of the Communications Act 2003 (improper use of public electronic communications network).

Offences in relation to children

77

An offence under any of the following provisions of the Children and Young Persons (Scotland) Act 1937—

(a) section 15 (causing or allowing persons under 16 to be used for begging),

(b) section 22 (exposing children under seven to risk of burning),

(d) section 33 (prohibition of persons under sixteen taking part in performances endangering life or limb),

(e) section 34 (restrictions on training for performances of a dangerous nature).

78

An offence under section 40(1) of the Children and Young Persons Act 1963 (offences).

79

An offence under section 50(2) of the Civic Government (Scotland) Act 1982 (drunk in charge of a child).

80

An offence under section 81 of the Children (Scotland) Act 1995 (offences in connection with orders etc. for the protection of children).

81

An offence under any of the following provisions of the Children's Hearings (Scotland) Act 2011—

(a) section 59 (offences),

(b) section 171 (offences related to absconding).

Offensive weapons

82

An offence under the Restriction of Offensive Weapons Act 1959.

83

An offence under section 50(3) (penalty for improper importation of goods) or section 170 (fraudulent evasion of duty) of the Customs and Excise Management Act 1979 in relation to goods prohibited to be imported under—

(a) section 1(2) of the Restriction of Offensive Weapons Act 1959 (penalties for offences in connection with dangerous weapons), or

(b) section 141(4) of the Criminal Justice Act 1988 (offensive weapons).

84

An offence under any of the following provisions of the Criminal Justice Act 1988—

(a) section 141 (offensive weapons),

(b) section 141A (sale of knives and certain articles with blade or point to persons under eighteen).

85

An offence under any of the following provisions of the Criminal Law (Consolidation) (Scotland) Act 1995—

(a) section 47 (prohibition of the carrying of offensive weapons),

(b) section 48 (search for offensive weapons),

(d) section 49A (offence of having article with blade or point (or offensive weapon) on school premises),

(e) section 49C (offence of having offensive weapon etc. in prison),

(f) section 50 (extension of constable's power to stop, search and arrest without warrant).

86

An offence under any of the following provisions of the Offensive Weapons Act 2019—

(a) section 1 (sale of corrosive products to persons under 18),

(b) section 6 (offence of having a corrosive substance in a public place),

(d) section 38 (delivery of bladed products to residential premises etc),

(e) section 39 (delivery of bladed products to persons under 18),

(f) section 42 (delivery of bladed articles to persons under 18).

Official Secrets Acts

87

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

88

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

89

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proceeds of crime and money laundering

90

An offence under any of the following provisions of the Proceeds of Crime Act 2002—

(a) section 339(1A) (making disclosure otherwise than in the prescribed form and manner),

(b) section 453A (certain offences in relation to financial investigators).

91

An offence under the Proceeds of Crime Act 2002 (External Investigations) Order 2013.

92

An offence under the Proceeds of Crime Act 2002 (External Investigations) (Scotland) Order 2015.

Prostitution

93

An offence under the Prostitution (Public Places) (Scotland) Act 2007.

Public order

94

An offence under any of the following provisions of the Public Order Act 1986—

(a) section 1 (riot),

(b) section 2 (violent disorder),

(d) section 4 (fear or provocation of violence),

(e) section 4A (intentional harassment, alarm or distress),

(ea) section 4B (intentional harassment, alarm or distress on account of sex),

(f) section 5 (harassment alarm or distress),

(g) section 18 (use of words or behaviour or display of written material),

(h) section 19 (publishing or distributing written material),

(i) section 20 (public performance of play),

(j) section 21 (distributing, showing or playing a recording),

(k) section 22 (broadcasting or including programme in cable programme service),

(l) section 23 (possession of racially inflammatory material),

(m) section 29B (use of words or behaviour or display of written material),

(n) section 29C (publishing or distributing written material),

(o) section 29D (public performance of play),

(p) section 29E (distributing, showing or playing a recording),

(q) section 29F (broadcasting or including programme in programme service),

(r) section 29G (possession of inflammatory material).

95

An offence under section 68(1) of the Criminal Justice and Public Order Act 1994 (aggravated trespass).

Road traffic

96

An offence under any of the following provisions of the Road Traffic Act 1988—

(a) section 1A (causing serious injury by dangerous driving),

(b) section 2 (dangerous driving),

(d) section 3ZB (causing death by driving: unlicensed or uninsured drivers),

(e) section 3ZD (causing serious injury by driving: disqualified drivers),

(f) section 4(1) (driving, or being in charge, when under the influence of drink or drugs),

(g) section 5(1) (driving or being in charge of a motor vehicle with alcohol concentration above prescribed limit),

(h) section 5A (driving or being in charge of a motor vehicle with concentration of specified controlled drug above specified limit),

(i) section 178 (taking motor vehicle without authority, etc.).

Sexual offences

97

An offence under section 37(1) or (4) of the Sexual Offences (Scotland) Act 2009 (older children engaging in sexual conduct with each other).

Terrorism

98

An offence under any of the following provisions of the Terrorism Act 2000—

(a) section 13 (uniform and publication of images),

(b) section 36 (police powers),

(d) section 116 (powers to stop and search),

(e) paragraph 32 of schedule 5 (urgent cases),

(f) paragraph 18 of schedule 7 (offences).

Threatening or abusive behaviour

99

An offence under section 38 of the Criminal Justice and Licensing (Scotland) Act 2010 (threatening or abusive behaviour).

Miscellaneous statutory offences

100

An offence under any of the following provisions of the Civic Government (Scotland) Act 1982—

(a) section 57 (being in or on building etc. with intent to commit theft),

(b) section 58 (convicted thief in possession),

101

An offence under section 22 of the Rent (Scotland) Act 1984 (unlawful eviction and harassment of occupier).

102

An offence under any of the following provisions of the Postal Services Act 2000—

(a) section 83(1) (interfering with mail: postal operators),

(b) section 85(1) (prohibition on sending certain articles by post).

103

An offence under any of the following provisions of the Serious Organised Crime and Police Act 2005—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) section 129 (corresponding Scottish offence),

(d) section 146 (intimidation of persons connected with animal research organisation).

Statutory aggravations

104

An offence (other than a List A offence) in relation to which either of the following provisions applies—

(a) section 96 of the Crime and Disorder Act 1998 (offences racially aggravated), or

(b) section 74 of the Criminal Justice (Scotland) Act 2003 (offences aggravated by religious prejudice).

105

An offence (other than a List A offence) to which either of the following provisions of the Offences (Aggravation by Prejudice) (Scotland) Act 2009 applies—

(a) section 1(1) (prejudice relating to disability), or

(b) section 2(1) (prejudice relating to sexual orientation or transgender identity).

PART 3 — Other

Common law aggravations

106

An offence (other than a List A offence or an offence listed in paragraph 104 of this schedule), the conviction for which indicates that it included an element of racial prejudice or was racially motivated.

107

An offence (other than a List A offence or an offence listed in paragraph 104 of this schedule), the conviction for which indicates that it included an element of religious prejudice or was motivated by religious prejudice.

Inchoate offences

108

An offence committed by aiding, abetting, counselling, procuring or inciting the commission of any offence listed in paragraphs 1 to 107A of this schedule.

109

An offence committed by attempting or conspiring to commit any offence listed in paragraphs 1 to 107A of this schedule.

Superseded offences

110

An offence superseded (whether directly or indirectly) by any offence listed in paragraphs 1 to 109 of this schedule (and any qualification in relation to a listed offence applies to the superseded offence as it applies to the listed offence).

Combined offences

111

An offence which was charged, and the conviction for which was received, in conjunction with any offence listed in paragraphs 1 to 110 of this schedule.

Corresponding offences elsewhere in the UK or abroad

112

SCHEDULE 3

SCHEDULE 4

SCHEDULE 5

PART 1 — Modifications of enactments in consequence of Part 1

Caravan Sites and Control of Development Act 1960

1

In section 32P of the Caravan Sites and Control of Development Act 1960 (fit and proper person: criminal conviction certificate)—

(a) in subsection (1), for the words from “criminal” to the end substitute “ Level 1 disclosure (within the meaning of section 1 of the Disclosure (Scotland) Act 2020). ”,

(b) in subsection (2), for “criminal conviction certificate” substitute “ Level 1 disclosure ”,

Rehabilitation of Offenders Act 1974

2

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

(2) In section 5 (disclosure periods for particular sentences), after subsection (2A) insert—

(2AA) Subsection (2A)(a) is subject to section 5J(1)(ba).

(3) In section 5A(1) (disclosure periods: ordinary cases), in Table A, in each of the following entries, for the period specified in the third column (disclosure period – aged under 18) substitute “ Nil (see section 5J(1)(ba)) ”

(a) the first entry (a custodial sentence not exceeding 12 months),

(b) the fourth entry (a fine),

(d) the sixth entry (an order for endorsement made by a court in relation to an offence mentioned in schedule 2 of the Road Traffic Offenders Act 1988),

(e) the seventh entry (any sentence not mentioned in the entries above or in Table B other than one to which section 5(2D) or any of sections 5C to 5J applies).

(4) In section 5B (disclosure periods: service disciplinary offences), in Table B, in each of the entries, for the period specified in the third column (disclosure period – aged under 18) substitute “ Nil (see section 5J(1)(ba)) ”.

(5) In section 5C (disclosure period: caution for good behaviour), in subsection (2), paragraph (b) is repealed.

(6) In section 5D (disclosure period: particular court orders)—

(a) in subsection (1), paragraph (b) is repealed,

(b) in subsection (3), the words “and (b)(ii)” are repealed.

(7) In section 5I (disclosure period: service disciplinary orders)—

(a) in subsection (1), paragraph (b) is repealed,

(b) in subsection (3)—

(i) in paragraph (a), for “15” substitute “ 18 ”,

(ii) paragraph (b) is repealed.

(8) In section 5J (sentences to which no disclosure period applies)—

(a) in subsection (1), after paragraph (b) insert—

(ba) any sentence other than an excepted sentence mentioned in subsection (1A) imposed on a person in respect of a conviction for an offence committed when the person was under 18 years of age,

(b) after subsection (1) insert—

(1A) The excepted sentences referred to in subsection (1)(ba) are— (a) an excluded sentence, (b) in the case of a conviction for an offence listed in any of paragraphs 52 to 59 of schedule 1 of the Disclosure (Scotland) Act 2020 (sexual offences), a custodial sentence (within the meaning of section 5(12)) for a term exceeding 12 months. (1B) For the purposes of subsection (1)(ba), it is to be presumed, in the absence of evidence to the contrary, that a person convicted of an offence was of the same age at the time the offence was committed as the person was at the date of conviction.

Police Act 1997

3

In the Police Act 1997, Part 5 (certificates of criminal records etc.) is repealed.

Antisocial Behaviour etc. (Scotland) Act 2004

4

In section 85A of the Antisocial Behaviour etc. (Scotland) Act 2004 (fit and proper person: criminal record certificate)—

(a) in subsection (1), for the words from “criminal” to the end substitute “ Level 2 disclosure (within the meaning of section 8(1) of the Disclosure (Scotland) Act 2020). ”,

(b) in each of subsections (2) and (3), for “criminal record certificate” substitute “ Level 2 disclosure ”,

(d) the title of the section becomes “ Fit and proper person: Level 2 disclosure ”.

Protection of Vulnerable Groups (Scotland) Act 2007

5

(1) The PVG Act is amended as follows.

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

(a) in subsection (4), for paragraph (b) substitute—

(b) any person who holds central records to provide them with the prescribed details of every relevant matter relating to the individual that is recorded those records.

(b) after subsection (4) insert—

(5) In subsection (4)(b)— - “central records” has the meaning given in section 69 of the Disclosure (Scotland) Act 2020, - “relevant matter” means— 1. a conviction that is not a non-disclosable conviction within the meaning of section 9 of the Disclosure (Scotland) Act 2020, 2. a caution within the meaning given in section 69 of that Act that is not spent by virtue of schedule 3 of the Rehabilitation of Offenders Act 1974, and 3. a prescribed civil court order.

(3) In section 49 (vetting information)—

(a) in subsection (1), for paragraph (a) substitute—

(a) the prescribed details of every relevant matter relating to the scheme member that is recorded in central records,

(b) after subsection (1) insert—

(1A) Section 33 of the Disclosure (Scotland) Act 2020 (Level 2 disclosure: considering relevance and whether to include certain information) applies for the purposes of subsection (1)(c) of this section as it applies for the purposes of the sections mentioned in subsection (1) of that section, but as if— (a) references to a person considering whether a conviction, children's hearing outcome or other information is relevant for the purpose of a Level 2 disclosure were references to the chief constable considering whether information is relevant to the type of regulated role in relation to which the scheme member participates in the Scheme, (b) references to a person considering whether a conviction, children's hearing outcome or other information ought to be included in a Level 2 disclosure were references to the chief constable considering whether information ought to be included in the scheme member's scheme record, (c) references to a conviction or children's hearing outcome were omitted, and (d) references to other information were references to information mentioned in subsection (1)(c) of this section.

(3) In subsection (1)(a), “central records” and “relevant matter” have the same meanings as in section 18(5).

(4) In section 51 (correction of inaccurate scheme record)—

(a) in subsection (1), after “section 50” insert “ or a review under section 21 of the Disclosure (Scotland) Act 2020, ”,

(b) subsections (2) to (7) are repealed.

(5) Section 52ZA (procedure following correction of inaccurate scheme record) is repealed.

(6) Section 52 (disclosure of scheme records) is repealed.

(7) Section 52A (review of vetting information in scheme record) is repealed.

(8) Section 53 (disclosure of short scheme records) is repealed.

(9) Section 55 (disclosure conditions) is repealed.

(10) Section 56 (Crown work) is repealed.

(11) Section 57 (disclosure restrictions) is repealed.

(12) Section 57A (meaning of “conviction” and “protected conviction”) is repealed.

(13) In section 97 (general interpretation)—

(a) in subsection (1)—

(i) in the definition of “prescribed” the words “(except where used in sections 18(4)(b) and 49(1)(a))” are repealed,

(ii) the following definitions are repealed—

“disclosure declaration”,

“disclosure record”,

“disclosure request”,

(b) in subsection (2), for the words from “doing” in the first place it occurs to the end of that subsection substitute

carrying out a regulated role for an organisation if they— (a) have made available, in respect of the individual— (i) a confirmation of scheme membership under section 54, (ii) a Level 2 disclosure (within the meaning of section 8(1) of the Disclosure (Scotland) Act 2020) where section 17 of that Act applies, in relation to that regulated role, (b) know that the confirmation of scheme membership or (as the case may be) the Level 2 disclosure was sought for the purpose of enabling or assisting the organisation to consider the scheme member's suitability to carry out that type of regulated role for the organisation (or to be offered such a role by the organisation), and (c) have not been satisfied that the individual has not been engaged to carry out, or has stopped carrying out, that type of regulated role for the organisation.

(d) in subsection (5), for “in relation to an application under section 113B of the 1997 Act” substitute “ for the purposes of section 49 of the Disclosure (Scotland) Act 2020 ”.

(14) In schedule 5 (index), the following entries are repealed—

disclosure condition,

disclosure declaration,

disclosure information,

disclosure record,

disclosure request,

short scheme record.

Housing (Scotland) Act 2014

6

In section 35 of the Housing (Scotland) Act 2014 (fit and proper person: criminal record information), in subsection (2), for the words from “criminal” to “1997 (c. 50))” substitute “ Level 1 disclosure (within the meaning of section 1 of the Disclosure (Scotland) Act 2020) ”.

Age of Criminal Responsibility (Scotland) Act 2019

7

(1) The Age of Criminal Responsibility (Scotland) Act 2019 is amended as follows.

(2) In section 8 (disapplication of sections 6 and 7)—

(a) in subsection (1), for the words from “in—” to the end substitute “ in a Level 2 disclosure. ”,

(b) in subsection (3)(a), for “an enhanced criminal record certificate or, as the case may be, a scheme record” substitute “ a Level 2 disclosure ”,

(i) in paragraph (a), for “for which the certificate or, as the case may be, scheme record is provided” substitute “ of the disclosure ”,

(ii) in paragraph (b), for “certificate or record” substitute “ Level 2 disclosure ”,

(d) subsection (5) is repealed,

(e) in subsection (6), for “certificate or, as the case may be, scheme record” substitute “ Level 2 disclosure ”,

(f) in subsection (7), for “certificate or record” substitute “ Level 2 disclosure ”.

(3) In section 10 (disclosure of information relating to time when person under 12), subsections (1), (2) and (4) are repealed.

(4) In section 11 (independent reviewer), in paragraph (a), for the words from “information—” to the end substitute “ information in a Level 2 disclosure, and ”.

(5) In section 12 (period and terms of appointment), in subsection (7)(a), for “8A or 8B of the 1997 Act” substitute “ 1 or 2 of the 2020 Act ”.

(6) In section 14 (referral of information to independent reviewer)—

(a) in subsection (1), in paragraph (a)—

(i) for “113B(4) of the 1997 Act” substitute “ 14(1) of the 2020 Act ”,

(ii) for “an enhanced criminal record certificate issued under section 113B(1) of that Act” substitute “ a Level 2 disclosure ”,

(b) in subsection (1), paragraph (b) is repealed,

(i) in paragraph (a), for the words from “described” to the end substitute “ of the disclosure, ”,

(ii) paragraph (b) is repealed,

(iii) in paragraph (c), for “enhanced criminal record certificate or, as the case may be, scheme record” substitute “ Level 2 disclosure ”.

(7) In section 16 (notification to applicant or scheme member), in subsection (2)(b), for “enhanced criminal record certificate or, as the case may be, scheme record” substitute “ Level 2 disclosure ”.

(8) In section 18 (review of information referred under section 14)—

(a) in subsection (1)—

(i) in paragraph (a), for the words from “in relation to” to the end substitute “ for the purpose of the disclosure, and ”,

(ii) in paragraph (b), for “that certificate” substitute “ the disclosure ”,

(b) after subsection (1) insert—

(1A) Section 33 of the 2020 Act (Level 2 disclosure: considering relevance and whether to include certain information) applies for the purposes of subsection (1) of this section as it applies for the purposes of the sections mentioned in subsection (1) of that section, but as if— (a) references to a conviction or a children's hearing outcome were omitted, and (b) references to other information were references to information mentioned in section 14(1)(a) of this Act.

(d) in subsection (4)(a), for “enhanced criminal record certificate or, as the case may be, scheme record” substitute “ Level 2 disclosure ”.

(9) After section 20 insert—

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