Disclosure (Scotland) Act 2020
PART 1Disclosure of criminal history and other information
Level 1 disclosures
1Level 1 disclosure
2Provision of Level 1 disclosures
3Applications by accredited bodies on behalf of individuals
4Provision of Level 1 disclosure to third parties
Level 1 disclosures: review applications
5Level 1 disclosure: application for review
6Review of accuracy of information by the Scottish Ministers
7Provision of new Level 1 disclosure on conclusion of review proceedings
Level 2 disclosures
8Level 2 disclosure
9Non-disclosable convictions
10Non-disclosable children's hearing outcomes
11Provision of Level 2 disclosures
12Level 2 disclosure applications: countersigning and purposes
13Childhood information
14Provision of relevant Scottish police information
15Provision of relevant overseas police information
16Further information for certain purposes: non-PVG scheme members
17Further information for certain purposes: PVG scheme members
18Provision of Level 2 disclosure to accredited bodies
19Crown employment
Level 2 disclosures: review applications
20Level 2 disclosure: application for review
21Review of accuracy of information by the Scottish Ministers
22Review of childhood information by the independent reviewer
23Review of relevant Scottish police information by the police
24Review of relevant Scottish police information by the independent reviewer
25Review of inclusion of removable convictions by the Scottish Ministers
26Review of inclusion of removable convictions by the independent reviewer
27Combination of reviews by the independent reviewer
28Independent reviewer: information and representations
29Notification of independent reviewer's decision
30Appeal against independent reviewer's decision
31Provision of new Level 2 disclosure on conclusion of review proceedings
32Disapplication of provisions of section 4 of the Rehabilitation of Offenders Act 1974
Level 2 disclosures: considering relevance and whether to include information
33Level 2 disclosure: considering relevance and whether to include certain information
Common provisions relating to Level 1 and Level 2 disclosures
34Form and manner of provision of disclosures
35Reclassification of applications
36Regulations about procedure for disclosure requests
37Regulations about review procedure
38Power to modify definitions of Level 1 disclosure and Level 2 disclosure
39Childhood information: power to modify other enactments
40Presumption as to age in relation to convictions
Offences relating to Level 1 and Level 2 disclosures
41Falsification of a Level 1 or Level 2 disclosure
42Unlawful disclosure of a Level 2 disclosure
43Lawful disclosures of Level 2 disclosures
44Unlawful request for and use of a Level 2 disclosure
45Offences under sections 42 and 44: supplementary provision
Accredited bodies
46Register of accredited bodies
47Registration in the register of accredited bodies
48Protection of information: removal of registration
49Suitable persons to have access to disclosure information
50Removal of registration on other grounds
51Lead signatories and countersignatories
52Lead signatories and countersignatories: acceptance or refusal of nomination and removal from the register
53Notification and review of decisions: removal from register or refusal of registration or nomination
54Regulations about registration
55Code of practice
56Sharing of Level 2 disclosure information by accredited bodies
Evidence of identity
57Evidence of identity
58Power to use personal data to check identity
59Power to use fingerprints to check identity
General
60Form and manner of applications and notices
61Fees
62Fees for provision of information by the chief constable
63Guidance for chief constable
64Sharing of information with the chief constable
65Sources of information
66Delegation of functions of Scottish Ministers
67Saving: disclosure of information and records
68Definition of consideration of suitability
69Interpretation of Part 1
PART 2Protection of vulnerable groups
Scheme membership
70Participation in Scheme
71Duration of Scheme membership
72Failure to apply for renewal of Scheme membership
73Compulsory Scheme membership
Regulated roles
74Regulated roles
75Meaning of “protected adult”
Scheme members under consideration for listing
76Conditions imposed on scheme members under consideration for listing
77Notice of consideration for listing
78Withdrawal from Scheme when under consideration for listing
Notice of barred status
79Notice of barred status
Listing
80Reference by chief constable
81Removal of references by court
82Reference by councils or integration joint boards
83Application for removal from list
84Ministers' powers to remove from list
85Appeals and removals: information power
Confirmation of PVG Scheme membership
86Confirmation of scheme membership under the PVG Act
Miscellaneous
87Retention of scheme records after removal
88Offences outside Scotland
89Guidance for chief constable
90Meaning of “conviction”
PART 3General
91Regulations
92Ancillary provision
93Consequential and minor modifications
94Individual culpability where organisation commits offence
95Meaning of “the PVG Act”
96Crown application
97Commencement
98Short title
SCHEDULE 1List A offences
PART 1Common law offences
1Abduction.
2Abortion.
3Assault to the danger of life.
4Assault to severe injury.
5Assault with intent to rape or ravish.
6Assault with intent to commit the statutory offence of rape....
7Bestiality.
8Cruel and unnatural treatment of persons.
9Culpable homicide.
10Defeating the ends of justice.
11Drugging.
12Embezzlement.
13Extortion.
14Hamesucken.
15Perverting the course of justice (by whatever means and however...
16Plagium.
17Reset of plagium.
18Wilful fire-raising.
PART 2Statutory offences
Armed forces
19An offence under section 42 of the Armed Forces Act...
Bribery
20An offence under the Bribery Act 2010.
Children
21An offence under section 12 of the Children and Young...
Computer misuse
22An offence under section 3ZA of the Computer Misuse Act...
Domestic abuse
23An offence under section 76 of the Serious Crime Act...
24An offence under section 2 of the Domestic Abuse (Scotland)...
25An offence under section 1 of the Domestic Abuse (Scotland)...
Explosives
26An offence under the Explosive Substances Act 1883.
False statements and declarations
27An offence under section 44 of the Criminal Law (Consolidation)...
Firearms and other weapons
28An offence under section 1A of the Prevention of Crime...
29An offence under any of the following provisions of the...
30An offence under the Chemical Weapons Act 1996.
31An offence under section 139AA of the Criminal Justice Act...
Forced marriage
32An offence under section 9 of the Forced Marriage etc....
33An offence under section 122 of the Anti-social Behaviour, Crime...
Fraud and forgery
34An offence under any of the following provisions of the...
Harassment
35An offence under section 234A of the Criminal Procedure (Scotland)...
36An offence under any of the following provisions of the...
Human trafficking and exploitation
37An offence under section 22 of the Criminal Justice (Scotland)...
38An offence under section 4 of the Asylum and Immigration...
39An offence under section 47 of the Criminal Justice and...
40An offence under section 3A of the Female Genital Mutilation...
41An offence under the Prohibition of Female Genital Mutilation (Scotland)...
42An offence under any of the following provisions of the...
Insolvency
43An offence under any of the following provisions of the...
Medical professions etc.
44An offence under section 10Z9 of the National Health Service...
45An offence under any of the following provisions of the...
46An offence under article 38 of the Pharmacy Order 2010...
Medicines
47An offence under any of the following provisions of the...
Proceeds of crime and money laundering
48An offence under any of the following provisions of the...
Prostitution
49An offence under any of the following provisions of the...
Road traffic
50An offence under any of the following provisions of the...
Serious organised crime
51An offence under any of the following provisions of the...
Sexual offences
52An offence under section 50(3) of the Customs and Excise...
53An offence under section 51A of the Civic Government (Scotland)...
54A sexual offence within the meaning given in section 210A(10)...
55An offence under any of the following provisions of the...
56An offence under section 7 of the Protection of Children...
57An offence under any of the following provisions of the...
58An offence under section 69 of the Serious Crime Act...
59An offence under any of the following provisions of the...
Solicitors
60An offence under the Solicitors (Scotland) Act 1980.
Stalking and harassment
61An offence under section 50A of the Criminal Law (Consolidation)...
62An offence under section 39 of the Criminal Justice and...
Taxation
63An offence under any of the following provisions of the...
Terrorism
64An offence under any of the following provisions of the...
65An offence under any of the following provisions of the...
66An offence under the Terrorism Act 2006.
67An offence under any of the following provisions of the...
Violent offender orders
68An offence under section 113(1) of the Criminal Justice and...
Vulnerable persons
69An offence under section 83 of the Adults with Incapacity...
70An offence under section 315 of the Mental Health (Care...
71An offence under any of the following provisions of the...
72Any offence where the conduct in respect of which the...
73An offence under section 26 of the Health (Tobacco, Nicotine...
Witness protection
74An offence under any of the following provisions of the...
Statutory aggravations
75An offence (other than another List A offence) in relation...
PART 3Other
Common law aggravations
76An offence the conviction for which indicates that it was...
77An offence the conviction for which indicates that it included...
Inchoate offences
78An offence committed by aiding, abetting, counselling, procuring or inciting...
79An offence committed by attempting or conspiring to commit the...
Superseded offences
80An offence superseded (whether directly or indirectly) by any offence...
Combined offences
81An offence which was charged, and the conviction for which...
Corresponding offences elsewhere in the UK or abroad
82An offence under the law of England and Wales or...
SCHEDULE 2List B offences
PART 1Common law offences
1Assault excluding any assault that is a List A offence....
2Breach of the peace.
3Clandestinely taking possession.
4Culpable and reckless conduct.
5Culpable and reckless endangering of the public.
6Culpable and reckless fire-raising.
7Fraud.
8Hijacking.
9Housebreaking with intent to steal.
10Opening a lockfast place with intent to steal.
11Piracy.
12Public indecency.
13Reset (excluding reset of plagium).
14Robbery.
15Theft (excluding plagium).
16Treason.
17Uttering.
18Uttering threats.
PART 2Statutory offences
Adult support and protection
19An offence under section 49 of the Adult Support and...
Armed forces
20An offence under section 42 of the Armed Forces Act...
Assaulting or hindering public officials
21An offence under section 89 of the Police Act 1996...
22An offence under section 32 of the Commissioners for Revenue...
23An offence under the Emergency Workers (Scotland) Act 2005.
24An offence under section 85 of the Fire (Scotland) Act...
25An offence under section 90 of the Police and Fire...
Aviation, maritime and spaceflight
26An offence under the Piracy Act 1837.
27An offence under any of the following provisions of the...
28An offence under section 9 of the Aviation and Maritime...
29An offence under article 265 of the Air Navigation Order...
30An offence under any of the following paragraphs of schedule...
Care services
31An offence under any of the following provisions of the...
32An offence under any of the following provisions of the...
33An offence under article 27 of the Public Services Reform...
34An offence under regulation 19 of the Social Care and...
Charities
35An offence under the Charities and Trustee Investment (Scotland) Act...
Child Support
36An offence under section 50 of the Child Support Act...
Children
37An offence under section 6 of the Child Abduction Act...
Computer misuse
38An offence under any of the following provisions of the...
Crossbows
39An offence under section 1 of the Crossbows Act 1987...
Drugs
40An offence under any of the following provisions of the...
41An offence under any of the following provisions of the...
42An offence under the Criminal Justice (International Co-operation) Act 1990....
43An offence under any of the following provisions of the...
Escape from custody etc.
44An offence under section 316 of the Mental Health (Care...
45An offence under section 91 of the Police and Fire...
Financial services
46An offence under the Financial Services and Markets Act 2000....
47An offence under the Financial Services Act 2012.
Fire safety
48An offence under section 72(1) or (3) of the Fire...
Firearms
49An offence under any of the following provisions of the...
50An offence under section 50(5) of the Civic Government (Scotland)...
51An offence under the Firearms (Amendment) Act 1997.
52An offence under any of the following provisions of the...
53An offence under section 31 of the Air Weapons and...
Food safety and standards
54An offence under any of the following provisions of the...
55An offence under regulation 4(b) of the General Food Regulations...
Fraud and forgery
56An offence under any of the following provisions of the...
57An offence under section 46A of the Criminal Law (Consolidation)...
58An offence under the Fraud Act 2006.
59An offence under section 993 of the Companies Act 2006...
60An offence under section 49 of the Criminal Justice and...
61An offence under section 92 of the Police and Fire...
Immigration etc.
62An offence under any of the following provisions of the...
63An offence under section 35 of the Asylum and Immigration...
64An offence under section 21 of the Immigration, Asylum and...
Insolvency
65An offence under any of the following provisions of the...
Landmines
66An offence under section 2 of the Landmines Act 1998...
Lasers
67An offence under the Laser Misuse (Vehicles) Act 2018.
Medicines
68An offence under section 67(2) or (3) of the Medicines...
69An offence under any of the following provisions of the...
Mental health
70An offence under section 318 of the Mental Health (Care...
National security
70AAn offence under sections 1 to 4, 12, 13, 17...
Neglect of duty
71An offence under Part 4 (shipping: alcohol and drugs) or...
72An offence under section 22 of the Police and Fire...
Obscene material etc.
73An offence under section 1(1) of the Indecent Displays (Control)...
74An offence under section 51 of the Civic Government (Scotland)...
75An offence under section 85(3) of the Postal Services Act...
76An offence under section 127(1) of the Communications Act 2003...
Offences in relation to children
77An offence under any of the following provisions of the...
78An offence under section 40(1) of the Children and Young...
79An offence under section 50(2) of the Civic Government (Scotland)...
80An offence under section 81 of the Children (Scotland) Act...
81An offence under any of the following provisions of the...
Offensive weapons
82An offence under the Restriction of Offensive Weapons Act 1959....
83An offence under section 50(3) (penalty for improper importation of...
84An offence under any of the following provisions of the...
85An offence under any of the following provisions of the...
86An offence under any of the following provisions of the...
Official Secrets Acts
87An offence under the Official Secrets Act 1911.
88An offence under the Official Secrets Act 1920.
89An offence under the Official Secrets Act 1989.
Proceeds of crime and money laundering
90An offence under any of the following provisions of the...
91An offence under the Proceeds of Crime Act 2002 (External...
92An offence under the Proceeds of Crime Act 2002 (External...
Prostitution
93An offence under the Prostitution (Public Places) (Scotland) Act 2007....
Public order
94An offence under any of the following provisions of the...
95An offence under section 68(1) of the Criminal Justice and...
Road traffic
96An offence under any of the following provisions of the...
Sexual offences
97An offence under section 37(1) or (4) of the Sexual...
Terrorism
98An offence under any of the following provisions of the...
Threatening or abusive behaviour
99An offence under section 38 of the Criminal Justice and...
Miscellaneous statutory offences
100An offence under any of the following provisions of the...
101An offence under section 22 of the Rent (Scotland) Act...
102An offence under section 85(1) of the Postal Services Act...
103An offence under any of the following provisions of the...
Statutory aggravations
104An offence (other than a List A offence) in relation...
105An offence (other than a List A offence) to which...
PART 3Other
Common law aggravations
106An offence (other than a List A offence or an...
107An offence (other than a List A offence or an...
Inchoate offences
108An offence committed by aiding, abetting, counselling, procuring or inciting...
109An offence committed by attempting or conspiring to commit any...
Superseded offences
110An offence superseded (whether directly or indirectly) by any offence...
Combined offences
111An offence which was charged, and the conviction for which...
Corresponding offences elsewhere in the UK or abroad
112An offence under the law of England and Wales or...
SCHEDULE 3Schedule to be substituted for Schedule 2 of the PVG Act
SCHEDULE 2 Regulated roles with children (introduced by section 91(2))...
SCHEDULE 4Schedule to be substituted for Schedule 3 of the PVG Act
SCHEDULE 3 Regulated roles with adults (introduced by section 91(3))...
SCHEDULE 5Consequential and minor modifications
PART 1Modifications of enactments in consequence of Part 1
Caravan Sites and Control of Development Act 1960
1In section 32P of the Caravan Sites and Control of...
Rehabilitation of Offenders Act 1974
2(1) The Rehabilitation of Offenders Act 1974 is amended as...
Police Act 1997
3In the Police Act 1997, Part 5 (certificates of criminal...
Antisocial Behaviour etc. (Scotland) Act 2004
4In section 85A of the Antisocial Behaviour etc. (Scotland) Act...
Protection of Vulnerable Groups (Scotland) Act 2007
5(1) The PVG Act is amended as follows.
Housing (Scotland) Act 2014
6In section 35 of the Housing (Scotland) Act 2014 (fit...
Age of Criminal Responsibility (Scotland) Act 2019
7(1) The Age of Criminal Responsibility (Scotland) Act 2019 is...
PART 2Modifications of enactments in consequence of Part 2
Education (Scotland) Act 1980
8(1) The Education (Scotland) Act 1980 is amended as follows....
Foster Children (Scotland) Act 1984
9In section 7(4) (persons disqualified from keeping foster children) of...
Protection of Vulnerable Groups (Scotland) Act 2007
10(1) The PVG Act is amended as follows.
Age of Criminal Responsibility (Scotland) Act 2019
11In section 26 of the Age of Criminal Responsibility (Scotland)...
PART 3Other consequential and minor modifications
Protection of Vulnerable Groups (Scotland) Act 2007
12(1) The PVG Act is amended as follows.
Children's Hearings (Scotland) Act 2011
13In the Children's Hearings (Scotland) Act 2011, the following provisions...

Disclosure (Scotland) Act 2020

2020 asp 13

An Act of the Scottish Parliament to restate and amend the law relating to the disclosure of criminal history and other information by the Scottish Ministers; to make amendments to the Protection of Vulnerable Groups (Scotland) Act 2007; and for connected purposes.