Disclosure (Scotland) Act 2020
Disclosure (Scotland) Act 2020 (2020 asp 13)
- Disclosure (Scotland) Act 2020 (2020 asp 13)
- PART 1 Disclosure of criminal history and other information
- Level 1 disclosures
- 1 Level 1 disclosure
- 2 Provision of Level 1 disclosures
- 3 Applications by accredited bodies on behalf of individuals
- 4 Provision of Level 1 disclosure to third parties
- Level 1 disclosures: review applications
- 5 Level 1 disclosure: application for review
- 6 Review of accuracy of information by the Scottish Ministers
- 7 Provision of new Level 1 disclosure on conclusion of review proceedings
- Level 2 disclosures
- 8 Level 2 disclosure
- 9 Non-disclosable convictions
- 10 Non-disclosable children's hearing outcomes
- 11 Provision of Level 2 disclosures
- 12 Level 2 disclosure applications: countersigning and purposes
- 13 Childhood information
- 14 Provision of relevant Scottish police information
- 14A. Provision of relevant UK police etc. information
- 15 Provision of relevant overseas police information
- 16 Further information for certain purposes: non-PVG scheme members
- 17 Further information for certain purposes: PVG scheme members
- 18 Provision of Level 2 disclosure to accredited bodies
- 19 Crown employment
- Level 2 disclosures: review applications
- 20 Level 2 disclosure: application for review
- 21 Review of accuracy of information by the Scottish Ministers
- 22 Review of childhood information by the independent reviewer
- 23 Review of relevant police etc. information by the provider
- 24 Review of relevant police etc. information by the independent reviewer
- 25 Review of inclusion of removable convictions by the Scottish Ministers
- 26 Review of inclusion of removable convictions by the independent reviewer
- 27 Combination of reviews by the independent reviewer
- 28 Independent reviewer: information and representations
- 29 Notification of independent reviewer's decision
- 30 Appeal against independent reviewer's decision
- 31 Provision of new Level 2 disclosure on conclusion of review proceedings
- 32 Disapplication of provisions of section 4 of the Rehabilitation of Offenders Act 1974
- Level 2 disclosures: considering relevance and whether to include information
- 33 Level 2 disclosure: considering relevance and whether to include certain information
- Common provisions relating to Level 1 and Level 2 disclosures
- 34 Form and manner of provision of disclosures
- 35 Reclassification of applications
- 36 Regulations about procedure for disclosure requests
- 37 Regulations about review procedure
- 38 Power to modify definitions of Level 1 disclosure and Level 2 disclosure
- 39 Childhood information: power to modify other enactments
- 40 Presumption as to age in relation to convictions
- Offences relating to Level 1 and Level 2 disclosures
- 41 Falsification of a Level 1 or Level 2 disclosure
- 42 Unlawful disclosure of a Level 2 disclosure
- 43 Lawful disclosures of Level 2 disclosures
- 44 Unlawful request for and use of a Level 2 disclosure
- 45 Offences under sections 42 and 44: supplementary provision
- Accredited bodies
- 46 Register of accredited bodies
- 47 Registration in the register of accredited bodies
- 48 Protection of information: removal of registration
- 49 Suitable persons to have access to disclosure information
- 50 Removal of registration on other grounds
- 51 Lead signatories and countersignatories
- 52 Lead signatories and countersignatories: acceptance or refusal of nomination and removal from the register
- 53 Notification and review of decisions: removal from register or refusal of registration or nomination
- 54 Regulations about registration
- 55 Code of practice
- 56 Sharing of Level 2 disclosure information by accredited bodies
- Evidence of identity
- 57 Evidence of identity
- 58 Power to use personal data to check identity
- 59 Power to use fingerprints to check identity
- General
- 60 Form and manner of applications and notices
- 61 Fees
- 62 Fees for provision of information by the chief constable
- 63 Guidance for chief constable
- 64 Sharing of information with the chief constable
- 65 Sources of information
- 66 Delegation of functions of Scottish Ministers
- 67 Saving: disclosure of information and records
- 68 Definition of consideration of suitability
- 69 Interpretation of Part 1
- PART 2 Protection of vulnerable groups
- Scheme membership
- 70 Participation in Scheme
- 71 Duration of Scheme membership
- 72 Failure to apply for renewal of Scheme membership
- 73 Compulsory Scheme membership
- Regulated roles
- 74 Regulated roles
- 75 Meaning of “protected adult”
- Scheme members under consideration for listing
- 76 Conditions imposed on scheme members under consideration for listing
- 77 Notice of consideration for listing
- 78 Withdrawal from Scheme when under consideration for listing
- Notice of barred status
- 79 Notice of barred status
- Listing
- 80 Reference by chief constable
- 81 Removal of references by court
- 82 Reference by councils or integration joint boards
- 83 Application for removal from list
- 84 Ministers' powers to remove from list
- 85 Appeals and removals: information power
- Confirmation of PVG Scheme membership
- 86 Confirmation of scheme membership under the PVG Act
- Miscellaneous
- 87 Retention of scheme records after removal
- 88 Offences outside Scotland
- 89 Guidance for chief constable
- 90 Meaning of “conviction”
- PART 3 General
- 91 Regulations
- 92 Ancillary provision
- 93 Consequential and minor modifications
- 94 Individual culpability where organisation commits offence
- 95 Meaning of “the PVG Act”
- 96 Crown application
- 97 Commencement
- 98 Short title
- SCHEDULE 1 List A offences
- PART 1 Common law offences
- PART 2 Statutory offences
- Armed forces
- Bribery
- Children
- Computer misuse
- Domestic abuse
- Explosives
- False statements and declarations
- Firearms and other weapons
- Forced marriage
- Fraud and forgery
- Harassment
- Health
- Human trafficking and exploitation
- Insolvency
- Medical professions etc.
- Medicines
- National Security and Official Secrets Acts
- Proceeds of crime and money laundering
- Prostitution
- Road traffic
- Serious organised crime
- Sexual offences
- Solicitors
- Stalking and harassment
- Taxation
- Terrorism
- Violent offender orders
- Vulnerable persons
- Witness protection
- Miscellaneous statutory offences
- Statutory aggravations
- PART 3 Other
- Common law aggravations
- Inchoate offences
- Superseded offences
- Combined offences
- Corresponding offences elsewhere in the UK or abroad
- SCHEDULE 2 List B offences
- PART 1 Common law offences
- PART 2 Statutory offences
- Adult support and protection
- Armed forces
- Assaulting or hindering public officials
- Aviation, maritime and spaceflight
- Care services
- Charities
- Child Support
- Children
- Computer misuse
- Crossbows
- Drugs
- Escape from custody etc.
- Financial services
- Fire safety
- Firearms
- Food safety and standards
- Fraud and forgery
- Immigration etc.
- Insolvency
- Landmines
- Lasers
- Medicines
- Mental health
- ...
- Neglect of duty
- Obscene material etc.
- Offences in relation to children
- Offensive weapons
- ...
- Proceeds of crime and money laundering
- Prostitution
- Public order
- Road traffic
- Sexual offences
- Terrorism
- Threatening or abusive behaviour
- Treason
- Miscellaneous statutory offences
- Statutory aggravations
- PART 3 Other
- Common law aggravations
- Inchoate offences
- Superseded offences
- Combined offences
- Corresponding offences elsewhere in the UK or abroad
- SCHEDULE 3 Schedule to be substituted for Schedule 2 of the PVG Act
- SCHEDULE 4 Schedule to be substituted for Schedule 3 of the PVG Act
- SCHEDULE 5 Consequential and minor modifications
- PART 1 Modifications of enactments in consequence of Part 1
- Caravan Sites and Control of Development Act 1960
- Rehabilitation of Offenders Act 1974
- Police Act 1997
- Antisocial Behaviour etc. (Scotland) Act 2004
- Protection of Vulnerable Groups (Scotland) Act 2007
- Housing (Scotland) Act 2014
- Age of Criminal Responsibility (Scotland) Act 2019
- PART 2 Modifications of enactments in consequence of Part 2
- Education (Scotland) Act 1980
- Foster Children (Scotland) Act 1984
- Protection of Vulnerable Groups (Scotland) Act 2007
- Age of Criminal Responsibility (Scotland) Act 2019
- PART 3 Other consequential and minor modifications
- Protection of Vulnerable Groups (Scotland) Act 2007
- Children's Hearings (Scotland) Act 2011
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