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The Disclosure (Scotland) Act 2020 (Commencement No. 2) Regulations 2023

Type Scottish-Statutory-Instrument

Publication 2023-03-15

State In force

Jurisdiction Scotland

Department King's Printer for Scotland

Source legislation.gov.uk

articles Not indexed

Reform history JSON API PDF

Made: 15th March 2023

Laid before the Scottish Parliament: 17th March 2023

Coming into force: 1st April 2023

The Scottish Ministers make the following Regulations in exercise of the powers conferred on them by section 97(2) of the Disclosure (Scotland) Act 2020[^f00001].

Citation, commencement and interpretation

1

(1) These Regulations may be cited as the Disclosure (Scotland) Act 2020 (Commencement No. 2) Regulations 2023 and come into force on 1 April 2023.

(2) In these Regulations, “the 2020 Act” means the Disclosure (Scotland) Act 2020.

Appointed day

2

1 April 2023 is the day appointed for the coming into force of section 89 (guidance for chief constable) of the 2020 Act for all remaining purposes.

Signed

SHIRLEY-ANNE SOMERVILLE — A member of the Scottish Government — 15th March 2023

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations bring into force section 89 of the Disclosure (Scotland) Act 2020 (“the 2020 Act”) for all remaining purposes on 1 April 2023.

Section 89 of the 2020 Act inserts section 84A into the Protection of Vulnerable Groups (Scotland) Act 2007 (“the 2007 Act”) and provides that the Scottish Ministers must issue guidance to the chief constable of the Police Service of Scotland about the chief constable’s functions under Parts 1 and 2 of the 2007 Act. Section 89 was partially brought into force on 10 December 2021 by the Disclosure (Scotland) Act 2020 (Commencement No. 1 and Transitory Provision) Regulations 2021[^f00002] for the limited purposes of allowing the Scottish Ministers to consult the chief constable on the guidance.

The Bill for the 2020 Act received Royal Assent on 14 July 2020. By virtue of section 97(1) of the 2020 Act, sections 91 (regulations), 92 (ancillary provisions), 94 (individual culpability where organisation commits offence), 95 (meaning of “the PVG Act”), 96 (crown application), 97 (commencement) and 98 (short title) came into force the day after Royal Assent.

Footnotes

[^f00001]: 2020 asp 13.

[^f00002]: S.S.I. 2021/380.

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