# The Disclosure (Scotland) Act 2020 (Commencement No. 3) Regulations 2024, Schedule


Provisions of the Disclosure Act coming into force on 30 September 2024.
Column 1
Column 2
Column 3
Provision of the Disclosure Act
Subject matter
Purpose
Section 1
Level 1 disclosure
Only insofar as necessary to enable the Scottish Ministers to prescribe details under section 1(a) of the Disclosure Act.
Section 4
Provision of Level 1 disclosure to third parties
Only insofar as necessary to enable the Scottish Ministers to prescribe the period under section 4(1) of the Disclosure Act.
Section 5
Level 1 disclosure: application for review
Only insofar as necessary to enable the Scottish Ministers to prescribe the period under section 5(1) of the Disclosure Act.
Section 8
Level 2 disclosure
Only insofar as necessary to enable the Scottish Ministers to prescribe details under section 8(1)(a) of the Disclosure Act.
Section 9
Non-disclosable convictions
Only insofar as necessary to enable the Scottish Ministers to make regulations under section 9(3) of the Disclosure Act.
Section 15
Provision of relevant overseas police information
Only insofar as necessary to enable the Scottish Ministers to—
(a) make regulations under section 15(5) of the Disclosure Act,
(b) prescribe the meaning of “relevant overseas police force” under section 15(6) of the Disclosure Act for the purposes of that section.
Section 16
Further information for certain purposes: non-PVG scheme members
Only insofar as necessary to enable the Scottish Ministers to—
(a) prescribe purposes under section 16(1)(b) of the Disclosure Act,
(b) prescribe details under section 16(4)(a)(ii) and 16(4)(b)(ii) of the Disclosure Act,
(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 17
Further information for certain purposes: PVG Scheme members
Only 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 18
Provision of Level 2 disclosure to accredited bodies
Only insofar as necessary to enable the Scottish Ministers to prescribe the period under section 18(1) of the Disclosure Act.
Section 20
Level 2 disclosure: application for review
Only insofar as necessary to enable the Scottish Ministers to prescribe the period under section 20(1) of the Disclosure Act.
Section 24
Review of relevant Scottish police information by the independent reviewer
Only insofar as necessary to enable Scottish Ministers to prescribe the period under section 24(2) of the Disclosure Act.
Section 26
Review of inclusion of removable convictions by the independent reviewer
Only insofar as necessary to enable the Scottish Ministers to prescribe the period under section 26(2) of the Disclosure Act.
Section 31
Provision of new Level 2 disclosure on conclusion of review proceedings
Only insofar as necessary to enable the Scottish Ministers to make regulations under section 31(6)(a) of the Disclosure Act.
Section 33
Level 2 disclosure: considering relevance and whether to include certain information
Only insofar as necessary to enable the Scottish Ministers to make regulations under section 33(5) of the Disclosure Act.
Section 34
Form and manner of provision of disclosures
Section 36
Regulations about procedure for disclosure requests
Section 37
Regulations about review procedure
Section 38
Power to modify definitions of Level 1 disclosure and Level 2 disclosure
Section 39
Childhood information: power to modify other enactments
Section 45
Offences under sections 42 and 44: supplementary provision
Only 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 49
Suitable persons to have access to disclosure information
Only insofar as necessary to enable the Scottish Minsters to prescribe—
(a) the meaning of “relevant police force” under section 49(5) of the Disclosure Act for the purposes of that section,
(b) departments or bodies under section 49(7)(c)(iii) of the Disclosure Act.
Section 51
Lead signatories and countersignatories
Only insofar as necessary to enable the Scottish Ministers to prescribe details under section 51(5) of the Disclosure Act.
Section 54
Regulations about registration
Section 55
Code of practice
Section 56
Sharing of Level 2 disclosure information by accredited bodies
Only insofar as necessary to enable the Scottish Ministers to make regulations under section 56(5) of the Disclosure Act.
Section 58
Power to use personal data to check identity
Only 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 59
Power to use fingerprints to check identity
Only insofar as necessary to enable the Scottish Ministers to prescribe the manner, persons and places under section 59(1) of the Disclosure Act.
Section 60
Form and manner of applications and notices
Section 61
Fees
Section 68
Definition of consideration of suitability
Only insofar as necessary to enable the Scottish Ministers to prescribe a purpose under section 68(c) of the Disclosure Act.
Section 69
Interpretation of Part 1
For all remaining purposes.
Section 73
Compulsory Scheme membership
Only 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 3
Regulated roles with children
Only in so far as is necessary to enable the Scottish Ministers to—
(a) prescribe circumstances under paragraph 2(5) of schedule 2 of the PVG Act (as substituted by schedule 3 of the Disclosure Act),
(b) make regulations under paragraph 32 of schedule 2 of the PVG Act (as substituted by schedule 3 of the Disclosure Act),
(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 4
Regulated roles with adults
Only insofar as is necessary to enable the Scottish Ministers to—
(a) prescribe circumstances under paragraph 2(5) of schedule 3 of the PVG Act (as substituted by schedule 4 of the Disclosure Act),
(b) make regulations under paragraph 25 of schedule 3 of the PVG Act (as substituted by schedule 4 of the Disclosure Act).
Section 75
Meaning of “protected adult”
Only insofar as necessary to enable Scottish Ministers to prescribe—
(a) services under section 94(1)(c) of the PVG Act (as substituted by section 75(2) of the Disclosure Act),
(b) services and activities under section 94(1)(d) of the PVG Act (as substituted by section 75(2) of the Disclosure Act).
Section 80
Reference by chief constable
Only 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 82
Reference by councils or integration joint boards
Section 86
Confirmation of scheme membership under the PVG Act
Only 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 93
Consequential and minor modifications
Only 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 5
Modifications of enactments in consequence of Part 1
Only insofar as necessary to enable the Scottish Ministers to—
(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),
(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),
(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 5
Modifications of enactments in consequence of Part 2
Only insofar as necessary to enable the Scottish Ministers to—
(a) prescribe fees in accordance with—
(i) section 70(1) of the PVG Act (as amended by paragraph 10(41)(a) of schedule 5 of the Disclosure Act),
(ii) section 70(2) of the PVG Act (as amended by paragraph 10(41)(b) of schedule 5 of the Disclosure Act),
(b) prescribe further procedure in accordance with—
(i) section 72(2)(a) of the PVG Act (as amended by paragraph 10(43)(a) of schedule 5 of the Disclosure Act),
(ii) section 70(2)(d) of the PVG Act (as substituted by paragraph 10(43)(c) of schedule 5 of the Disclosure Act).

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Source: https://www.legislation.gov.uk/ssi/2024/242/schedule (the official version)
Page: https://openlegislation.uk/disclosure-scotland-act-2020-commencement-no-3-regulations-2024/schedule
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

