Citation and commencement

1.  These Regulations may be cited as the Disclosure and Use of Level 2 Disclosures (Prescribed Purpose and Circumstances) (Scotland) Regulations 2024 and come into force on the same day as sections 42 and 44 of the Disclosure Act.

Interpretation

2.  In these Regulations—

“ the 1978 Act” means the National Health Service (Scotland) Act 1978( 2),

“ the Disclosure Act” means the Disclosure (Scotland) Act 2020,

“ council” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994( 3),

“ educational institution” means a school or further education institution,

“ further education institution” means a body listed under the heading “Institutions formerly eligible for funding by the Scottish Further Education Funding Council” in schedule 2 of the Further and Higher Education (Scotland) Act 2005( 4) or a college of further education which is assigned to a regional strategic body by an order made under section 7C(1) of that Act,

“ health body” means a Health Board or Special Health Board constituted by order under section 2 of the 1978 Act( 5),

“ hospital” has the meaning given in section 108(1) of the 1978 Act( 6),

“ independent health care service” has the meaning given in section 10F(1) of the 1978 Act( 7),

“ protected adult” has the meaning given in section 94 of the Protection of Vulnerable Groups (Scotland) Act 2007( 8),

“ school” has the meaning given in section 135(1) of the Education (Scotland) Act 1980( 9).

Unlawful disclosure and use of a Level 2 disclosure: prescribed purpose and circumstances

3.—(1) This regulation only applies to Level 2 disclosures to which section 17 (further information for certain purposes: PVG scheme members) of the Disclosure Act applies.

(2) The purpose prescribed for the purposes of section 45(1)(f) (offences under sections 42 and 44: supplementary provision) of the Disclosure Act is that a Level 2 disclosure is disclosed in pursuance of an arrangement of a type described in paragraph (4).

(3) The circumstances prescribed for the purposes of section 45(2)(f) (offences under sections 42 and 44: supplementary provision) of the Disclosure Act are that the use of a Level 2 disclosure is in pursuance of an arrangement of a type described in paragraph (4).

(4) The types of arrangement referred to in paragraphs (2) and (3) are arrangements between an individual’s employer and—

(a) a council or an educational institution under which the individual’s employer is required to provide transport services to the council or to the educational institution for the transport of children or protected adults to or from an educational institution,

(b) a health body under which the individual’s employer is required to provide transport services to the health body for the transport of children or protected adults to or from—

(i) a hospital,

(ii) any other premises at which facilities are available for any of the services provided by the health body under the 1978 Act,

(c) an independent health care service under which the individual’s employer is required to provide transport services to the independent health care service for the transport of children or protected adults to or from an independent health care service.

EXPLANATORY NOTE

(This note is not part of the Regulations)

Section 42 of the Disclosure (Scotland) Act 2020 (“ the Disclosure Act”) makes it an offence for a person, to whom a Level 2 disclosure is made available or disclosed, to unlawfully disclose it to another person. Section 44 of the Disclosure Act makes it an offence for a person to request, or otherwise seek sight of a Level 2 disclosure for a purpose other than a permitted purpose. Section 45 of the Disclosure Act sets out exceptions to the disclosure offences under sections 42 and 44.

These Regulations prescribe:

• for the purposes of section 45(1)(f) of the Disclosure Act, a purpose in relation to which the offence in section 42 does not apply when the Level 2 disclosure concerned is one to which section 17 of the Disclosure Act applies (regulation 3(2)),

• for the purposes of section 45(2)(f) of the Disclosure Act, circumstances in relation to which the offence in section 44 does not apply when the Level 2 disclosure concerned is one to which section 17 of the Disclosure Act applies (regulation 3(3)).

That purpose and those circumstances are where an individual’s employer has arrangements with a council, school, other educational establishment, health body or independent health care service to provide transport to take children or protected adults to and from schools, further education establishments, hospitals or other premises at which facilities are available for services provided by health bodies (regulation 3(4)).