# The Disclosure (Scotland) Act 2020 (Commencement No. 5, Saving and Transitional Provision) Regulations 2025, Regulation 11: Transitional provision relating to section 45C of the PVG Act

Extent: S

(1) It is not an offence under section 45C of the PVG Act for an individual to carry out any type of regulated role where that individual does not participate in the Scheme in relation to that type of regulated role if—
(a) before 1 July 2025, the individual has applied to join the Scheme in relation to that type of regulated role, and
(b) that application has not been withdrawn or finally determined.
(2) For the purposes of paragraph (1)(b), an application is finally determined when—
(a) a confirmation of scheme membership is provided to the individual under section 46(1) of the PVG Act,
(b) a Level 2 disclosure is provided to the individual under section 11 of the Disclosure Act, or
(c) the Scottish Ministers notify the individual that the application will not be considered by them in accordance with section 71(3) of the PVG Act.
(3) In this regulation, “type of regulated role” is to be construed in accordance with section 91(4) and (5) of the PVG Act (as substituted by section 74(2) of the Disclosure Act).

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Source: https://www.legislation.gov.uk/ssi/2025/27/regulation/11 (the official version)
Page: https://openlegislation.uk/disclosure-scotland-act-2020-commencement-no-5-saving-and-transitional-provision-regulations-2025/regulation-11
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.