The Disclosure (Scotland) Act 2020 (Commencement No. 1 and Transitory Provision) Regulations 2021

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Disclosure (Scotland) Act 2020 (Commencement No. 1 and Transitory Provision) Regulations 2021 and come into force on 10 December 2021.

(2) In these Regulations—

“the 2020 Act” means the Disclosure (Scotland) Act 2020,

“the PVG Act” means the Protection of Vulnerable Groups (Scotland) Act 2007(1).

Appointed day

2.—(1) Subject to regulations 3 and 4, 10 December 2021 is the day appointed for the coming into force of the provisions of the 2020 Act specified in column 1 of the table in the schedule (the subject matter of which is described in column 2 of that table).

(2) If a purpose is specified in column 3 of the table in relation to any provision specified in column 1, that provision comes into force on 10 December 2021 for that purpose only.

Transitory provision: withdrawal from Scheme when under consideration for listing

3.—(1) Paragraph (2) has effect until the day on which section 72 of the 2020 Act (failure to apply for renewal of Scheme membership) comes into force.

(2) Section 59A(1)(b) of the PVG Act (withdrawal from Scheme when under consideration for listing) (as inserted by section 78 of the 2020 Act) is to be read as if “or section 45B(7)” is omitted.

(3) Paragraph (4) has effect until the day on which section 77 of the 2020 Act (notice of consideration for listing) comes into force.

(4) Section 59A(2) of the PVG Act is to be read as if—

(a) “(3C) or” is omitted, and

(b) for “either of those subsections of that section” there is substituted “subsection (4) of section 30”.

Transitory provision: regulated roles

4.—(1) This regulation has effect until the day on which section 74 of the 2020 Act (regulated roles) comes into force.

(2) The provisions of the PVG Act listed in paragraph (3) are to be read as if, for “carry out regulated roles with children or, as the case may be, regulated roles with adults” there is substituted “do regulated work with children, or as the case may be, regulated work with adults”.

(3) The provisions are—

(a) section 25(4A) of the PVG Act (application for removal from list) (as inserted by section 83(3) of the 2020 Act),

(b) section 29(1)(b)(ii) of the PVG Act (removal from list) (as inserted by section 84(3) of the 2020 Act), and

(c) section 29A(2)(d) of the PVG Act (appeals and removals: application of sections 18 to 20) (as inserted by section 85(3) of the 2020 Act).

CLARE HAUGHEY

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

28th October 2021