# The Disclosure (Scotland) Act 2020 (Commencement No. 6, Consequential Amendment, Saving and Transitional Provision) Regulations 2025, Note: Explanatory note


(This note is not part of the Regulations)
Regulation 2(1) of these Regulations brings into force section 81 of the Disclosure (Scotland) Act 2020 (“the Disclosure Act”) on 12 January 2026. Section 81 of the Disclosure Act repeals sections 7, 11, 32(1) and (2) and schedule 1 of the Protection of Vulnerable Groups (Scotland) Act 2007 (“the PVG Act”) relating to court references for relevant and other offences.
Regulation 2(2) and schedule 1 of these Regulations bring into force sections 71 and 72 and a small number of provisions in schedule 5 of the Disclosure Act on 1 April 2026. Sections 71 and 72 of the Disclosure Act insert new provisions (sections 45A and 45B) into the PVG Act relating to the duration of membership for PVG Scheme members (a period of 5 years), and rules around what happens when a scheme member fails to renew that membership. The provisions in schedule 5 of the Disclosure Act give effect to consequential amendments that are necessary as a result of the commencement of sections 71 and 72 of the Disclosure Act.
Regulation 3 of these Regulations makes saving and transitional provision in relation to how the Scottish Ministers will deal with court references that have been made under section 7 of the PVG Act before 12 January 2026, on or after that date.
Paragraph (1) of regulation 3 provides that paragraph (2) applies to court references where the Scottish Ministers were given prescribed information under section 7 of the PVG Act before 12 January 2026, but on that date, are not yet considering whether to list the individual (under section 11(3) or (4) of the PVG Act) or have not yet made a final decision in relation to listing after considering the individual.
Paragraph (2) of regulation 3 preserves section 11(1), (3) and (4) of the PVG Act with modifications. This means that on and after 12 January 2026, the Scottish Ministers must consider listing an individual about whom they’ve received prescribed information from a court in pursuance of section 7 of the PVG Act before that date, where—
they are satisfied that the information indicates that it may be appropriate to include the individual in the children’s list, the adults’ list, or both lists, and
that the individual does, has or is likely to, carry out a regulated role with children, adults or both.
Paragraph (2) of regulation 3 does not preserve section 11(2) of the PVG Act, therefore, paragraphs (3) and (4) of regulation 3 make transitional provision which requires the Scottish Ministers to notify, in writing, certain individuals who were being considered under section 11(2) of the PVG Act and to whom a notification was sent by the Scottish Ministers under section 30(2)(b) and (3)(a) of the PVG Act confirming that fact before 12 January 2026. The notification is to confirm that the individual is no longer being considered for listing and the certain individuals are those who do not carry out, have not carried out or are not likely to carry out, a regulated role with children and who have not yet been notified by the Scottish Ministers that they have been listed or not. Paragraph (5) of regulation 3 provides that a notification under paragraph (4) is not to be treated as a decision not to list the individual after considering whether to do so for the purposes of section 30(3C) and (4) of the PVG Act.
Paragraph (6) of regulation 3 preserves the Protection of Vulnerable Groups (Scotland) Act 2007 (Consideration for Listing) Regulations 2010 (as they were immediately before 12 January 2026) for the purposes of the Scottish Ministers considering whether to list an individual in either list (or both lists) under section 11 of the PVG Act as saved by regulation 3.
Regulation 4 of these Regulations makes transitional provision which provides that an existing scheme member’s 5 year period of PVG Scheme membership, for the purposes of section 45A(1)(a) of the PVG Act, begins on the date on which they are notified of that fact, in writing, by the Scottish Ministers. An existing Scheme member is an individual who joined the Scheme in relation to a regulated role before 1 April 2026 and continues to participate in the Scheme in relation to that type of regulated role on 1 April 2026.
Regulation 5 of these Regulations makes consequential amendments to the Consideration for Listing Regulations, which will come into force on 12 January 2026, to remove references to sections 7 and 11 of the PVG Act.
Regulation 6 of these Regulations makes consequential amendments to the Consideration for Listing Regulations, which will come into force on 1 April 2026, to set out the procedure that applies when the Scottish Ministers are considering, under section 45B(7) of the PVG Act, whether to list an individual in the children’s list, adults’ list or, where applicable, both lists.
Regulation 7 and schedule 2 of these Regulations make provision for revocations.

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Source: https://www.legislation.gov.uk/ssi/2025/352/note (the official version)
Page: https://openlegislation.uk/disclosure-scotland-act-2020-commencement-no-6-consequential-amendment-saving-and-transitional-provision-regulations-2025/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.