Current status: Answered by Natalie Don-Innes on 8 October 2024
To ask the Scottish Government what consideration it has given to implementing the Disclosure (Scotland) Act 2020 earlier than April 2025.
I have asked Gerard Hart, Chief Executive of Disclosure Scotland to respond. His response is as follows:
Implementation of the Disclosure (Scotland) Act 2020 was initially to be April 2024. Following the onset of the cost crisis in the public sector, Disclosure Scotland advised its Ministers that a one-year delay would be more cost effective in the context of the worsening financial climate. This delay would allow Disclosure Scotland to build the required technology at reduced expense and deliver a better product in terms of quality.
Disclosure Scotland advised Ministers that the longer delivery period would also allow our stakeholders more time to get ready for the coming changes and that the delay would not diminish the child and adult protection services that are the number one priority for Scottish Ministers in operating the PVG Scheme.
Ministers decided to agree a one-year delay in Act implementation but asked that appropriate elements of the new legislation should be commenced sooner, where possible.
Accordingly, parts of the Act and the policy intent of the Act have commenced earlier than the substantive implementation date, specifically:
On 10 December 2021, the Disclosure (Scotland) Act 2020 (Commencement No.1 and Transitory Provision) Regulations 2021 came into force. These related to sections 83-85 of the 2020 Act which enabled individuals to withdraw from the PVG Scheme, to apply for removal from the barred list(s), permitted Scottish Ministers powers to obtain information to assess whether an individual is no longer unsuitable and to remove an individual from the list(s).
On 19 December 2022,The Police Act 1997 (Offences in Schedules 8A and 8B) Amendment (Scotland) Regulations 2022 updated the offence lists in the Police Act 1997 to reflect the changes listed in the Disclosure (Scotland) Act 2020.
On 01 April 2023,the Disclosure (Scotland) Act 2020 (Commencement No.2) Regulations 2023 came into force. These related to section 89 of the 2020 Act and provided Scottish Ministers must issue guidance to the chief constable of the Police Service of Scotland relating to disclosure of ‘other relevant information’.
On 30 September 2024, Disclosure (Scotland) Act 2020 (Commencement No.3) Regulations 2024 brought into force provisions of the 2020 Act including section 82 which amended the PVG Act to give local authorities and integration joint boards referral powers.