OpenLegislation

Schedule

Original text. Later amendments are not shown.

Provisions of the Disclosure Act coming into force on 30 September 2024.

Column 1Column 2Column 3
Provision of the Disclosure ActSubject matterPurpose
Section 1Level 1 disclosureOnly insofar as necessary to enable the Scottish Ministers to prescribe details under section 1(a) of the Disclosure Act.
Section 4Provision of Level 1 disclosure to third partiesOnly insofar as necessary to enable the Scottish Ministers to prescribe the period under section 4(1) of the Disclosure Act.
Section 5Level 1 disclosure: application for reviewOnly insofar as necessary to enable the Scottish Ministers to prescribe the period under section 5(1) of the Disclosure Act.
Section 8Level 2 disclosureOnly insofar as necessary to enable the Scottish Ministers to prescribe details under section 8(1)(a) of the Disclosure Act.
Section 9Non-disclosable convictionsOnly insofar as necessary to enable the Scottish Ministers to make regulations under section 9(3) of the Disclosure Act.
Section 15Provision of relevant overseas police information

Only insofar as necessary to enable the Scottish Ministers to—

  1. (a)

    make regulations under section 15(5) of the Disclosure Act,

  2. (b)

    prescribe the meaning of “relevant overseas police force” under section 15(6) of the Disclosure Act for the purposes of that section.

Section 16Further information for certain purposes: non-PVG scheme members

Only insofar as necessary to enable the Scottish Ministers to—

  1. (a)

    prescribe purposes under section 16(1)(b) of the Disclosure Act,

  2. (b)

    prescribe details under section 16(4)(a)(ii) and 16(4)(b)(ii) of the Disclosure Act,

  3. (c)

    prescribe civil court orders and the details of those orders under section 16(4)(a)(v) and 16(4)(b)(v) of the Disclosure Act.

Section 17Further information for certain purposes: PVG Scheme membersOnly insofar as necessary to enable the Scottish Ministers to prescribe civil court orders and the details of those orders under section 17(3)(d) of the Disclosure Act.
Section 18Provision of Level 2 disclosure to accredited bodiesOnly insofar as necessary to enable the Scottish Ministers to prescribe the period under section 18(1) of the Disclosure Act.
Section 20Level 2 disclosure: application for reviewOnly insofar as necessary to enable the Scottish Ministers to prescribe the period under section 20(1) of the Disclosure Act.
Section 24Review of relevant Scottish police information by the independent reviewerOnly insofar as necessary to enable Scottish Ministers to prescribe the period under section 24(2) of the Disclosure Act.
Section 26Review of inclusion of removable convictions by the independent reviewerOnly insofar as necessary to enable the Scottish Ministers to prescribe the period under section 26(2) of the Disclosure Act.
Section 31Provision of new Level 2 disclosure on conclusion of review proceedingsOnly insofar as necessary to enable the Scottish Ministers to make regulations under section 31(6)(a) of the Disclosure Act.
Section 33Level 2 disclosure: considering relevance and whether to include certain informationOnly insofar as necessary to enable the Scottish Ministers to make regulations under section 33(5) of the Disclosure Act.
Section 34Form and manner of provision of disclosures
Section 36Regulations about procedure for disclosure requests
Section 37Regulations about review procedure
Section 38Power to modify definitions of Level 1 disclosure and Level 2 disclosure
Section 39Childhood information: power to modify other enactments
Section 45Offences under sections 42 and 44: supplementary provisionOnly insofar as necessary to enable the Scottish Ministers to prescribe purposes under section 45(1)(f) and prescribe circumstances under section 45(2)(f) of the Disclosure Act.
Section 49Suitable persons to have access to disclosure information

Only insofar as necessary to enable the Scottish Minsters to prescribe—

  1. (a)

    the meaning of “relevant police force” under section 49(5) of the Disclosure Act for the purposes of that section,

  2. (b)

    departments or bodies under section 49(7)(c)(iii) of the Disclosure Act.

Section 51Lead signatories and countersignatoriesOnly insofar as necessary to enable the Scottish Ministers to prescribe details under section 51(5) of the Disclosure Act.
Section 54Regulations about registration
Section 55Code of practice
Section 56Sharing of Level 2 disclosure information by accredited bodiesOnly insofar as necessary to enable the Scottish Ministers to make regulations under section 56(5) of the Disclosure Act.
Section 58Power to use personal data to check identityOnly insofar as necessary to enable the Scottish Ministers to prescribe persons holding data about individuals under section 58(2)(d) of the Disclosure Act.
Section 59Power to use fingerprints to check identityOnly insofar as necessary to enable the Scottish Ministers to prescribe the manner, persons and places under section 59(1) of the Disclosure Act.
Section 60Form and manner of applications and notices
Section 61Fees
Section 68Definition of consideration of suitabilityOnly insofar as necessary to enable the Scottish Ministers to prescribe a purpose under section 68(c) of the Disclosure Act.
Section 69Interpretation of Part 1For all remaining purposes.
Section 73Compulsory Scheme membershipOnly insofar as necessary to enable the Scottish Ministers to make regulations under section 45E(1) of the PVG Act (as inserted by section 73(2) of the Disclosure Act).
Section 74(3) and schedule 3Regulated roles with children

Only in so far as is necessary to enable the Scottish Ministers to—

  1. (a)

    prescribe circumstances under paragraph 2(5) of schedule 2 of the PVG Act (as substituted by schedule 3 of the Disclosure Act),

  2. (b)

    make regulations under paragraph 32 of schedule 2 of the PVG Act (as substituted by schedule 3 of the Disclosure Act),

  3. (c)

    make regulations under paragraph 33 of schedule 2 of the PVG Act (as substituted by schedule 3 of the Disclosure Act).

Section 74(4) and schedule 4Regulated roles with adults

Only insofar as is necessary to enable the Scottish Ministers to—

  1. (a)

    prescribe circumstances under paragraph 2(5) of schedule 3 of the PVG Act (as substituted by schedule 4 of the Disclosure Act),

  2. (b)

    make regulations under paragraph 25 of schedule 3 of the PVG Act (as substituted by schedule 4 of the Disclosure Act).

Section 75Meaning of “protected adult”

Only insofar as necessary to enable Scottish Ministers to prescribe—

  1. (a)

    services under section 94(1)(c) of the PVG Act (as substituted by section 75(2) of the Disclosure Act),

  2. (b)

    services and activities under section 94(1)(d) of the PVG Act (as substituted by section 75(2) of the Disclosure Act).

Section 80Reference by chief constableOnly insofar as necessary to enable the Scottish Ministers to prescribe information under section 6A of the PVG Act (as inserted by section 80(2) of the Disclosure Act).
Section 82Reference by councils or integration joint boards
Section 86Confirmation of scheme membership under the PVG ActOnly insofar as necessary to enable the Scottish Ministers to prescribe information under section 46(2)(d) of the PVG Act (as substituted by section 86(2) of the Disclosure Act).
Section 93Consequential and minor modificationsOnly insofar as is necessary to bring into force the provisions of schedule 5 listed below in column 1 of this table (and for the corresponding purposes listed in column 3 of this table).
Paragraph 5 of schedule 5Modifications of enactments in consequence of Part 1

Only insofar as necessary to enable the Scottish Ministers to—

  1. (a)

    prescribe details under section 18(4)(b) of the PVG Act (as substituted by paragraph 5(2)(a) of schedule 5 of the Disclosure Act),

  2. (b)

    prescribe civil court orders under section 18(5)(c) of the PVG Act (as inserted by paragraph 5(2)(b) of schedule 5 of the Disclosure Act),

  3. (c)

    prescribe details under section 49(1)(a) of the PVG Act (as substituted by paragraph 5(3)(a) of schedule 5 of the Disclosure Act).

Paragraph 10(41) and (43) of schedule 5Modifications of enactments in consequence of Part 2

Only insofar as necessary to enable the Scottish Ministers to—

  1. (a)

    prescribe fees in accordance with—

    1. (i)

      section 70(1) of the PVG Act (as amended by paragraph 10(41)(a) of schedule 5 of the Disclosure Act),

    2. (ii)

      section 70(2) of the PVG Act (as amended by paragraph 10(41)(b) of schedule 5 of the Disclosure Act),

  2. (b)

    prescribe further procedure in accordance with—

    1. (i)

      section 72(2)(a) of the PVG Act (as amended by paragraph 10(43)(a) of schedule 5 of the Disclosure Act),

    2. (ii)

      section 70(2)(d) of the PVG Act (as substituted by paragraph 10(43)(c) of schedule 5 of the Disclosure Act).