SCHEDULES

SCHEDULE 2Further amendments in connection with the Disclosure Act

PART 1Primary legislation

Gambling Act 2005

schedule 2 paragraph 1 + 1.—(1) The Gambling Act 2005(1) is amended as follows.

(2) In section 73—

schedule 2 paragraph 1 2 a + (a)subsection (3)(2) is amended as follows—

schedule 2 paragraph 1 2 a i + (i)for the words from “an enhanced” to “(c. 50)” substitute “a criminal records document”;

schedule 2 paragraph 1 2 a ii + (ii)omit “(within the meaning given by section 116A of that Act)”;

schedule 2 paragraph 1 2 a iii + (iii)for “such a certificate,” substitute “a document mentioned in subsection (3A)(a)(i).”;

schedule 2 paragraph 1 2 b + (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

schedule 2 paragraph 2 + 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

schedule 2 paragraph 3 + 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”.