Legislation – The Disclosure (Scotland) Act 2020 (Consequential Provisions and Modifications) Order 2025

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Introduction

PART 1
Introductory

CHAPTER 1 Formal provisions

1 Citation

2 Commencement and extent

3 Amendments to primary and secondary legislation

CHAPTER 2 Interpretation

4 Meaning of “disclosure” and “Disclosure Act”

5 Meaning of UK law-enforcement body, chief officer and payable institution

PART 2
UK law-enforcement bodies’ duties in respect of Level 2 disclosures

6 Duty to provide information in response to section 14A request

7 Duty to carry out section 23 review

8 Duty to provide information to the independent reviewer

PART 3
Further duties to provide information for the Disclosure Act’s purposes

9 Duty to provide information in response to section 49(2) request

10 Duty to make central records available

11 Duty to provide personal data for checking identity

12 Duty to make fingerprint records available

13 Duty to provide other information requested by the Scottish Ministers

PART 4
Miscellaneous provisions

14 Payment for exercise of functions under this Order

15 Scottish Ministers not liable for inaccuracies

16 Guidance for chief officers of UK law-enforcement bodies

SCHEDULES

SCHEDULE 1 Amendments connected to Part 2

SCHEDULE 2 Further amendments in connection with the Disclosure Act

Signature

Explanatory note

PART 3Further duties to provide information for the Disclosure Act’s purposes

Duty to provide other information requested by the Scottish Ministers13.

(1)

The Scottish Ministers may by notice require any person mentioned in paragraph (2) to provide them with information which they—

(a)

believe the person holds, and

(b)

consider is necessary to carry out their functions under Part 1 of the Disclosure Act.

(2)

The persons referred to in paragraph (1) are—

(a)

the chief officer of a UK law-enforcement body;

(b)

a local authority in England and Wales within the meaning of section 1(4) of the Local Authorities (Goods and Services) Act 19706;

(c)

the Secretary of State;

(d)

the Disclosure and Barring Service;

(e)

the Department of Justice in Northern Ireland;

(f)

any other person the Scottish Ministers consider appropriate whom they could not require to provide the information under section 65(2) of the Disclosure Act.

(3)

The chief officer of a UK law-enforcement body must not provide information by virtue of a notice under paragraph (1) if the chief officer thinks that disclosing the information would be contrary to the interests of the prevention or detection of crime.

6

1970 c. 39. Section 1(4) was relevantly amended by Schedule 30 to the Local Government Act 1972 (c. 70), paragraph 47 of Schedule 84 and Schedule 17 to the Local Government Act 1985 (c. 51), paragraph 8(1) of Schedule 6 to the Norfolk and Suffolk Broads Act 1988 (c. 4), Schedule 13 to the Education Reform Act 1988 (c. 40), section 25(8) of the Local Government (Wales) Act 1994 (c. 19), section 388 of the Greater London Authority Act 1999 (c. 29), paragraph 9 of Schedule 6 to the Local Democracy, Economic Development and Construction Act 2009 (c. 20), paragraph 1 of Schedule 20 and paragraph 2 of Schedule 22 to the Localism Act 2011 (c. 20), paragraph 6(6) of Schedule 13 to the Deregulation Act 2015 (c. 20), paragraph 22 of Schedule 1 and paragraph 33 of Schedule 2 to the Policing and Crime Act 2017 (c. 3), paragraph 22 of Schedule 4 to the Levelling-up and Regeneration Act 2023 (c. 55) and S.I. 2021/327.