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.