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

Transitional provision relating to certificates and scheme records with convictions falling within section 116ZA(1A) of the 1997 Act or section 52(2A) of the PVG ActS

8.—(1) Paragraph (2) applies where—

(a)before the relevant date—

(i)the Scottish Ministers have—

(aa)issued a criminal record certificate or enhanced criminal record certificate to an individual which includes details of a conviction which falls within section 116ZA(1A) of the 1997 Act(1), or

(bb)complied with section 52(5) of the PVG Act in relation to a scheme record which includes vetting information about a conviction which falls within section 52(2A) of that Act, and

(ii)the individual (to whom the certificate has been issued, or as the case may be, record has been disclosed) has not yet notified the Scottish Ministers of an intention to make an application under section 116ZB(2) of the 1997 Act(2) or, as the case may be, section 52A(2) of the PVG Act(3), and

(b)on the relevant date—

(i)the conviction which fell within section 116ZA(1A) of the 1997 Act or, as the case may be, section 52(2A) of the PVG Act is a—

(aa)removable conviction,

(bb)spent childhood conviction, or

(cc)children’s hearing outcome, and

(ii)the period mentioned in section 116ZB(3)(a) of the 1997 Act or, as the case may be, section 52A(3)(a) of the PVG Act has not expired.

(2) The original certificate application or, as the case may be, original scheme record request must be treated for all purposes as if it were an application for a Level 2 disclosure under section 11 of the Disclosure Act.

(3) Paragraph (4) applies where—

(a)before the relevant date—

(i)the Scottish Ministers have—

(aa)issued a criminal record certificate or enhanced criminal record certificate to an individual which includes details of a conviction which falls within section 116ZA(1A) of the 1997 Act, or

(bb)complied with section 52(5) of the PVG Act in relation to a scheme record which includes vetting information about a conviction which falls within section 52(2A) of that Act, and

(ii)the individual (to whom the certificate has been issued, or as the case may be, record has been disclosed) has—

(aa)before the end of the period mentioned in section 116ZB(3)(a) of the 1997 Act, notified the Scottish Ministers that the individual intends to make an application under section 116ZB(2) of that Act, or

(bb)before the end of the period mentioned in section 52A(3)(a) of the PVG Act, section 52A(2) of the PVG Act, notified the Scottish Ministers that the individual intends to make an application under section 52A(2) of the PVG Act, and

(b)on the relevant date—

(i)the conviction which fell within section 116ZA(1A) of the 1997 Act or, as the case may be, section 52(2A) of the PVG Act is a—

(aa)removable conviction,

(bb)spent childhood conviction, or

(cc)children’s hearing outcome, and

(ii)the period mentioned in section 116ZB(3)(b) of the 1997 Act or, as the case may be, section 52A(3)(b) of the PVG Act has not expired.

(4) The Scottish Ministers must, for all purposes, treat a notification of an intention to make an application —

(a)under section 116ZB(2) of the 1997 Act, or

(b)under section 52A(2) of the PVG Act,

as a Level 2 review application under section 20(1)(b) of the Disclosure Act.

(5) Where paragraph (4) applies, the requirement in section 20(3) of the Disclosure Act does not apply.