Explanatory note

These Regulations make detailed provision in relation to the information which may be included in Level 1 and Level 2 disclosures under Part 1 of the Disclosure (Scotland) Act 2020 (“the Disclosure Act”).

Regulation 3 prescribes the information databases that are central records for the purposes of Part 1 of the Disclosure Act.

Regulation 4 prescribes the details of unspent convictions which are included on Level 1 disclosures.

Regulation 5 prescribes the details of criminal disposals which are included on Level 2 disclosures.

Regulation 6 prescribes the purposes for which further information will be included on a Level 2 disclosure where the applicant is not a PVG scheme member but the purpose of the disclosure is one relating to either children or adults. That further information is:

• prescribed details of circumstances in which the applicant became barred from regulated roles with children and/or adults (regulation 7),

• prescribed civil court orders and the prescribed details relating to those orders (regulation 8 and schedule 1).

Regulation 9 and schedule 2 prescribe the civil court orders for inclusion on Level 2 disclosures relating to PVG scheme members and the prescribed details relating to those orders.

Regulation 10 makes provision in relation to the taking of fingerprints from applicants where the Scottish Ministers require them for the purposes of ascertaining the identity of an applicant.