The Disclosure (Scotland) Act 2020 (Commencement No. 5, Saving and Transitional Provision) Regulations 2025

Transitional provision relating to disputes about accuracy of certificates issued under the 1997 Act and correction of inaccurate scheme records disclosed under the PVG Act

7.—(1) Paragraph (2) applies where—

(a)before the relevant date, the Scottish Ministers have—

(i)issued a certificate under any of sections 112, 113A, 113B, 114 or 116 of the 1997 Act to an individual, or

(ii)disclosed a scheme record under section 52 of the PVG Act, and

(b)on or after the relevant date, the individual or, as the case may be, scheme member notifies the Scottish Ministers that they believe that the information contained in the certificate or scheme record is inaccurate.

(2) The Scottish Ministers must—

(a)treat a certificate issued under section 112 of the 1997 Act as if it were a Level 1 disclosure in respect of which an application for review had been made under section 5(1) of the Disclosure Act,

(b)treat a—

(i)certificate issued under any of sections 113A, 113B, 114 or 116 of the 1997 Act, or

(ii)scheme record disclosed under section 52 of the PVG Act,

as if it were a Level 2 disclosure in respect of which an application for review had been made under section 20(1)(a) of the Disclosure Act.

(3) Where paragraph (2)(b) applies, the requirement in section 20(3) of the Disclosure Act does not apply.

(4) Paragraph (5) applies where the Scottish Ministers—

(a)are, before the relevant date, considering the accuracy of the information included in a—

(i)certificate issued under any of sections 112, 113A, 113B, 114 or 116 of the 1997 Act, or

(ii)scheme record disclosed under section 52 of the PVG Act, and

(b)have not, on the relevant date, made a decision on the accuracy of the information.

(5) The Scottish Ministers must—

(a)treat a certificate issued under section 112 of the 1997 Act as if it were a Level 1 disclosure in respect of which they are carrying out a review under section 6(2) of the Disclosure Act,

(b)treat a—

(i)certificate issued under any of sections 113A, 113B, 114 or 116 of the 1997 Act, or

(ii)scheme record disclosed under section 52 of the PVG Act,

as if it was a Level 2 disclosure in respect of which they are carrying out a review under section 21(2) of the Disclosure Act.