Schedule I1I2
Scotland
Provisions of the Disclosure Act coming into force on 1 April 2025.
Column 1 Provisions of the Disclosure Act | Column 2 Subject matter | Column 3 Purpose |
|---|---|---|
| Section 1(a) | Level 1 disclosure | |
| Section 2 | Provision of Level 1 disclosures | |
| Section 3 | Applications by accredited bodies on behalf of individuals | |
| Section 4 | Provision of Level 1 disclosure to third parties | For all remaining purposes. |
| Section 5 | Level 1 disclosure: application for review | For all remaining purposes. |
| Section 6 | Review of accuracy of information by the Scottish Ministers | |
| Section 7 | Provision of new Level 1 disclosure on conclusion of review proceedings | |
| Section 8 | Level 2 disclosure | For all remaining purposes. |
| Section 9 | Non-disclosable convictions | For all remaining purposes. |
| Section 10 | Non-disclosable children’s hearing outcomes | |
| Section 11 | Provision of Level 2 disclosures | |
| Section 12 | Level 2 disclosure applications: countersigning and purposes | |
| Section 13 | Childhood information | |
| Section 14 | Provision of relevant Scottish police information | |
| Section 15 | Provision of relevant overseas police information | For all remaining purposes. |
| F1Section 16(1), (2), (3), (4)(a)(i), (ii), (iii), (v) and (4)(b)(i), (ii), (iii), and (v) | Further information for certain purposes: non-PVG scheme members | |
| F2Section 17(1), (2), (3)(a), (b), (d), (4), (5) and (6) | Further information for certain purposes: PVG scheme members | |
| Section 18 | Provision of Level 2 disclosure to accredited bodies | For all remaining purposes. |
| Section 19 | Crown employment | |
| Section 20 | Level 2 disclosure: application for review | For all remaining purposes. |
| Section 21 | Review of accuracy of information by the Scottish Ministers | |
| Section 22 | Review of childhood information by the independent reviewer | |
| Section 23 | Review of relevant Scottish police information by the police | |
| Section 24 | Review of relevant Scottish police information by the independent reviewer | For all remaining purposes. |
| Section 25 | Review of inclusion of removable convictions by the Scottish Ministers | |
| Section 26 | Review of inclusion of removable convictions by the independent reviewer | For all remaining purposes. |
| Section 27 | Combination of reviews by the independent reviewer | |
| Section 28 | Independent Reviewer: information and representations | |
| Section 29 | Notification of independent reviewer’s decision | |
| Section 30 | Appeal against independent reviewer’s decision | |
| Section 31 | Provision of new Level 2 disclosure on conclusions or review proceedings | For all remaining purposes. |
| Section 32 | Disapplication of provisions of section 4 of the Rehabilitation of Offenders Act 1974 | |
| Section 33 | Level 2 disclosure: considering relevance and whether to include certain information | For all remaining purposes. |
| Section 35 | Reclassification of applications | |
| Section 40 | Presumption as to age in relaiton to convictions | |
| Section 41 | Falsification of a Level 1 or Level 2 disclosure | |
| Section 42 | Unlawful disclosure of a Level 2 disclosure | |
| Section 43 | Lawful disclosures of Level 2 disclosures | |
| Section 44 | Unlawful request for and use of a Level 2 disclosure | |
| Section 45 | Offences under sections 42 and 44: supplementary provision | For all remaining purposes. |
| Section 47 | Registration in the register for accredited bodies | For all remaining purposes. |
| Section 48 | Protection of information: removal of registration | |
| Section 49 | Suitable persons to have access to disclosure information | For all remaining purposes. |
| Section 50 | Removal of registration on other grounds | For all remaining purposes. |
| Section 51 | Lead signatories and countersignatories | For all remaining purposes. |
| Section 52 | Lead signatories and countersignatories: acceptance or refusal of nomination and removal from the register | For all remaining purposes. |
| Section 56 | Sharing of Level 2 disclosure information by accredited bodies | For all remaining purposes. |
| Section 57 | Evidence of identity | |
| Section 58 | Power to use personal data to check identity | For all remaining purposes. |
| Section 59 | Power to use fingerprints to check identify | For all remaining purposes. |
| Section 62 | Fees for provision of information by the chief constable | |
| Section 63 | Guidance for the chief constable | For all remaining purposes. |
| Section 64 | Sharing of information with the chief constable | |
| Section 65 | Sources of information | |
| Section 66 | Delegation of functions of Scottish Ministers | |
| Section 67 | Saving: disclosure of information and records | |
| Section 68 | Definition of consideration of suitability | For all remaining purposes. |
| Section 70 | Participation in the Scheme | |
| Section 73(1) and (3) | Compulsory Scheme membership | |
| Section 73(2) | Compulsory Scheme membership | Only insofar as it relates to section 45D, 45F and 45G. |
| Section 74 | Regulated roles | For all remaining purposes. |
| Section 75 | Meaning of “protected adult” | For all remaining purposes. |
| Section 77 | Notice of consideration for listing | |
| Section 79 | Notice of barred status | |
| Section 80 | Reference by chief constable | For all remaining purposes. |
| Section 86 | Confirmation of scheme membership under the PVG Act | For all remaining purposes. |
| Section 88 | Offences outside Scotland | For all remaining purposes. |
| Section 93 | Consequential and minor modifications | For all remaining purposes. |
| Schedule 1 | List A offences | |
| Schedule 2 | List B offences | |
| Schedule 3 | Schedule to be substituted for schedule 2 of the PVG Act (schedule 2: regulated roles with children) | For all remaining purposes. |
| Schedule 4 | Schedule to be substituted for schedule 3 of the PVG Act (schedule 3: regulated roles with adults) | For all remaining purposes. |
| Paragraphs 1 to 9, 11 and 13 of schedule 5 | Consequential and minor modifications | For all remaining purposes. |
| F3Paragraphs 10(1) to (19), (21) to (32), (34) to (40), (44) to (51), (53) and (54) of schedule 5 | Consequential and minor modifications | |
| F4Paragraph 10(20)(b) to (e) of schedule 5 | Consequential and minor modifications | |
| Paragraph 10(33)(b) of schedule 5 | Consequential and minor modifications | |
| Paragraph 10(41)(a)(ii), (b) and (c)(ii) and (iii) of schedule 5 | Consequential and minor modifications | |
| Paragraph 10(42)(a)(ii) and (b) of schedule 5 | Consequential and minor modifications | |
| Paragraph 10(43)(b) and (c) of schedule 5 | Consequential and minor modifications |
Annotations
Textual amendments
- F1
Words in sch. substituted (31.3.2025) by The Disclosure (Scotland) Act 2020 (Commencement No. 5, Saving and Transitional Provision) Amendment Regulations 2025 (S.S.I. 2025/73), regs. 1, 2(3)(a)
- F2
Words in sch. substituted (31.3.2025) by The Disclosure (Scotland) Act 2020 (Commencement No. 5, Saving and Transitional Provision) Amendment Regulations 2025 (S.S.I. 2025/73), regs. 1, 2(3)(b)
- F3
Words in sch. substituted (31.3.2025) by The Disclosure (Scotland) Act 2020 (Commencement No. 5, Saving and Transitional Provision) Amendment Regulations 2025 (S.S.I. 2025/73), regs. 1, 2(3)(c)
- F4
Words in sch. inserted (31.3.2025) by The Disclosure (Scotland) Act 2020 (Commencement No. 5, Saving and Transitional Provision) Amendment Regulations 2025 (S.S.I. 2025/73), regs. 1, 2(3)(d)
Commencement
- I1
Sch. in force at 1.4.2025 for specified purposes, see reg. 1(3)(a)
- I2
Sch. in force at 1.7.2025 in so far as not already in force, see reg. 1(3)(b)