Explanatory note

These Regulations make further provision in connection with the register of accredited bodies maintained by the Scottish Ministers under section 46 of the Disclosure (Scotland) Act 2020 (“the Disclosure Act”) and registration in it.

Regulation 2 and the schedule set out the information that is to be included in the register of accredited bodies. It also sets out that an accredited body must inform the Scottish Ministers about any changes to that information.

Regulation 3 makes further provision in relation to the refusal of an accredited body’s registration in, or removal of an accredited body from, the register of accredited bodies by the Scottish Ministers under the Disclosure Act.

Regulation 4 prescribes the details of the lead signatory or countersignatory that must be included in an application made under section 51 of the Disclosure Act which contains a nomination of a lead signatory or countersignatory.

Regulation 5 makes further provision in relation to the refusal of a nomination of a lead signatory or countersignatory by the Scottish Ministers under the Disclosure Act.

Regulation 6 makes further provision in relation to the outcome of a review decision made by the Scottish Ministers under section 53(6) of the Disclosure Act.

Regulation 7 sets out when an applicant may apply again for registration, after having been previously refused registration or removed.

Regulation 8 specifies a condition of registration, or continued registration, in the register of accredited bodies.

Regulation 9 prescribes the meaning of “relevant police force” for the purposes of requests made under section 49(2) of the Disclosure Act.

Regulation 10 prescribes the tri-service serious crime unit as a body for the purposes of section 49(7)(c)(iii) of the Disclosure Act. It also sets out that any reference to the chief officer of a police force in section 49 of that Act is taken to be a reference to the Provost Marshal for serious crime.

Regulation 11 sets out the fees payable for applications for registration and for nomination of lead signatories and countersignatories in the register of accredited bodies and regulation 12 makes provision for the payment of an annual fee for continued registration in the register of accredited bodies.

Regulation 13 makes provision for the payment of an administrative fee where an accredited body, who has registration of the type mentioned in section 47(1)(a) or (b) (in relation to either Level 1 disclosures or Level 2 disclosures), subsequently applies for registration of the type mentioned in section 47(1)(c) (in relation to both Level 1 disclosures and Level 2 disclosures).