Regulation 10 Transitional provision relating to registered persons under the 1997 ActI1
Scotland
With effect from the relevant date—
a person who was a registered person under section 120(1) of the 1997 Actf1 must be treated, for all purposes, as an accredited body within the meaning of section 46(2)(a) of the Disclosure Act, and
the Scottish Ministers must include that person in the register of accredited bodies in relation to the countersigning of applications for Level 2 disclosures under section 11 of the Disclosure Act.
Where paragraph (1) applies, the conditions in section 47(4) and (5) of the Disclosure Act do not apply.
Paragraph (4) applies where, before the relevant date, the Scottish Ministers have imposed conditions on a person under section 122(4) of the 1997 Actf2 in respect of their continuing to be listed in the registered maintained under section 120 of that Act.
Any conditions imposed under section 122(4) of the 1997 Act must be treated as conditions imposed by the Scottish Ministers in relation to the registration of an accredited body by virtue of regulations made under section 54 or under section 55(7) of the Disclosure Act.
Paragraph (6) applies where—
before the relevant date, an individual has made an application to be a registered person under section 120(2) of the 1997 Act, and
on the relevant date, the Scottish Ministers have not yet determined the application.
An application made under section 120(2) of the 1997 Act must be treated, for all purposes, as if it were an application to be registered in the register of accredited bodies under section 47(1)(b) of the Disclosure Act.
Annotations
Commencement
- I1
Reg. 10 in force at 1.4.2025, see reg. 1(2)
Footnotes
- f1
-
Section 120 was repealed by paragraph 3 of schedule 5 of the Disclosure (Scotland) Act 2020 (asp 13) (“the Disclosure Act”).
- f2
-
Section 122 was repealed by paragraph 3 of schedule 5 of the Disclosure Act.