SCHEDULES

Article 3(2)

SCHEDULE 2Further amendments in connection with the Disclosure Act

PART 1Primary legislation

Gambling Act 2005

1.—(1) The Gambling Act 2005(1) is amended as follows.

(2) In section 73—

(a)subsection (3)(2) is amended as follows—

(i)for the words from “an enhanced” to “(c. 50)” substitute “a criminal records document”;

(ii)omit “(within the meaning given by section 116A of that Act)”;

(iii)for “such a certificate,” substitute “a document mentioned in subsection (3A)(a)(i).”;

(b)after subsection (3) insert—

“(3A) In subsection (3)—

(a)“criminal records document” means—

(i)an enhanced criminal record certificate under section 113B of the Police Act 1997;

(ii)a Level 2 disclosure under section 11 of the Disclosure (Scotland) Act 2020;

(b)“up-date information” has the meaning given by section 116A of the Police Act 1997.”.

Protection of Vulnerable Groups (Scotland) Act 2007

2.—(1) The Protection of Vulnerable Groups (Scotland) Act 2007(3) is amended as follows.

(2) In section 30A (notification of health regulatory bodies, etc.)(4), in subsection (1)(a), for “doing regulated work” substitute “carrying out a regulated role”.

Data Protection Act 2018

3.—(1) The Data Protection Act 2018(5) is amended as follows.

(2) In section 184 (prohibition of requirement to produce relevant records), in subsection (4), for the words from “Part” to the end of the subsection, substitute—

“—

(a)Part 5 of the Police Act 1997 (certificates of criminal records etc), and

(b)Part 1 of the Disclosure (Scotland) Act 2020 (disclosure of criminal history and other information).”.

(3) In Schedule 18 (relevant records), in paragraph 4(6)(a), for “Part 5 of the Police Act 1997” substitute “Part 1 of the Disclosure (Scotland) Act 2020”.

PART 2Subordinate legislation

Protection of Vulnerable Groups (Scotland) Act 2007 (Consequential Provisions) Order 2010

4.—(1) The Protection of Vulnerable Groups (Scotland) Act 2007 (Consequential Provisions) Order 2010(6) is amended as follows.

(2) In article 3 (provision of information to the Scottish Ministers)—

(a)in paragraph (1), for “work” substitute “role”;

(b)omit paragraphs (2A) and (2B);

(c)for paragraph (4) substitute—

“(4) In paragraph (1), “relevant police force” means a body from which the Scottish Ministers would be required to request information under section 14A or 15 of the Disclosure (Scotland) Act 2020 if the person to whom the request under paragraph (1) relates applied for a Level 2 disclosure under section 8 of that Act.”;

(d)omit paragraph (4A).

(3) After article 5 insert—

Guidance for chief officer of police forces

5A.—(1) The Scottish Ministers must issue guidance to the chief officers of police forces about the exercise of their functions under this Part.

(2) The Scottish Ministers may from time to time issue revised guidance, and references in this article to guidance include revised guidance.

(3) A chief officer must have regard to guidance issued under this article in exercising functions under this Part.”.

(4) In article 19 (provision of information held by public bodies etc. to the Disclosure and Barring Service), in paragraph (4)(a), for “work” substitute “role”.

(5) The title of article 20 becomes “Provision of information held by providers of regulated roles to Disclosure and Barring Service”.

(6) In article 21 (consideration of suitability), for “work” substitute “role”.

(7) In article 22 (consideration of suitability), for “work” substitute “role”.

Occupational Pension Schemes (Master Trusts) Regulations 2018

5.—(1) The Occupational Pension Schemes (Master Trusts) Regulations 2018(7) are amended as follows.

(2) In regulation 4 (application for authorisation), in paragraph (2)(a)(v)—

(a)After “1997” insert “, a Level 1 disclosure within the meaning of section 1 of the Disclosure (Scotland) Act 2020” and

(b)for “any equivalent document” substitute “any document that is equivalent to such a certificate or disclosure”.

Space Industry Regulations 2021

6.—(1) The Space Industry Regulations 2021(8) are amended as follows.

(2) In regulation 187 (national security vetting procedures), in paragraph (1), for sub-paragraph (b) substitute—

“(b)the individuals mentioned in paragraph (2), as a condition of being engaged, or continuing to be engaged, in carrying out security functions, have obtained—

(i)an acceptable enhanced criminal record certificate under section 113B(1) of the Police Act 1997, or

(ii)an acceptable Level 2 disclosure under the Disclosure (Scotland) Act 2020,

(ba)the individuals mentioned in paragraph (2), in any other case, have obtained—

(i)an acceptable criminal record certificate under section 113A(1) of the Police Act 1997, or

(ii)an acceptable Level 2 disclosure under the Disclosure (Scotland) Act 2020, and”.

Age of Criminal Responsibility (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2021

7.—(1) The Age of Criminal Responsibility (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2021 is amended as follows.

(2) In article 3 (interpretation of Part 2)—

(a)in the definition of regulated work, for “work” substitute “role”;

(b)in the definition of scheme member, for “section 45(2)” substitute “section 45(1)”.

(3) In article 5 (referral of information to the independent reviewer)—

(a)in paragraph (1), omit subparagraph (b) and the word “or” immediately preceding it;

(b)in paragraph (2)—

(i)omit sub-paragraph (b);

(ii)in sub-paragraph (c), omit “or, as the case may be, scheme record”;

(c)in paragraph (3), omit “or, as the case may be, scheme record”.