Regulation 5 Transitional provision relating to applications made under sections 113A, 113B, 114 or 116 of the 1997 Act and requests made under sections 52 or 53 of the PVG ActI1

Scotland

(1)

Paragraph (2) applies where—

(a)

before the relevant date—

(i)

an individual has made an application for—

(aa)

a criminal record certificate under section 113A of the 1997 Act^f1,

(bb)

an enhanced criminal record certificate under section 113B of the 1997 Act^f2,

(cc)

a criminal record certificate under section 114 of the 1997 Act^f3,

(dd)

an enhanced criminal record certificate under section 116 of the 1997 Act^f4, or

(ii)

a scheme member has requested disclosure of—

(aa)

their scheme record under section 52 of the PVG Act, or

(bb)

their short scheme record under section 53 of the PVG Act, and

(b)

on the relevant date, the Scottish Ministers have not yet issued the certificate or, as the case may be, disclosed the record.

(2)

An application made under any of sections 113A, 113B, 114 or 116 of the 1997 Act or, as the case may be, a request for a scheme record under section 52 of the PVG Act or a short scheme record under section 53 of that Act must be treated for all purposes as if it were an application for a Level 2 disclosure made under section 11 of the Disclosure Act.

Annotations

Commencement

I1: Reg. 5 in force at 1.4.2025, see reg. 1(2)

Footnotes

f1: Section 113A was repealed by paragraph 3 of schedule 5 of the Disclosure (Scotland) Act 2020 (asp 13) (“the Disclosure Act”).
f2: Section 113B was repealed by paragraph 3 of schedule 5 of the Disclosure Act.
f3: Section 114 was repealed by paragraph 3 of schedule 5 of the Disclosure Act.
f4: Section 116 was repealed by paragraph 3 of schedule 5 of the Disclosure Act.