PART 1Main provisions

Disclosure: Scotland

34Temporary disapplication of disclosure offences: Scotland

1

The Scottish Ministers may issue a direction that disapplies or modifies—

a

section 35 of the 2007 Act (organisations not to use barred individuals for regulated work);

b

section 36 of the 2007 Act (personnel suppliers not to supply barred individuals for regulated work).

2

In this section and section 35, “the 2007 Act” means the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14).

3

A direction under subsection (1)

a

may be of general application or specify particular persons or descriptions of persons to whom the direction applies;

b

may be framed by reference to particular kinds of regulated work with children or protected adults (within the meaning of section 91 of the 2007 Act);

c

may be framed by reference to any other matters the Scottish Ministers consider appropriate;

d

may make different provision for different purposes;

e

may make such other provision as the Scottish Ministers consider appropriate in connection with the giving of the direction.

4

The Scottish Ministers must publish a direction under subsection (1).

5

A direction under subsection (1) has effect—

a

for the period specified in the direction, or

b

until revoked by a further direction under that subsection.

35Power to reclassify certain disclosure requests: Scotland

1

Where the Scottish Ministers receive a disclosure request under—

a

section 52 of the 2007 Act for a scheme record, or

b

section 53 of the 2007 Act for a short scheme record,

they may treat it as a disclosure request for a statement of scheme membership under section 54 of the 2007 Act.

2

Where the fee for a disclosure request for a statement of scheme membership is lower than the fee for a disclosure request for a scheme record or for a short scheme record, the Scottish Ministers must refund the difference in the fees to the applicant.