
2024 No. 317
Protection Of Vulnerable Groups
The Disclosure and Use of Level 2 Disclosures (Prescribed Purpose and Circumstances) (Scotland) Regulations 2024
Made 31st October 2024
Laid before the Scottish Parliament 4th November 2024
Coming into force in accordance with regulation 1
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 45(1)(f) and 45(2)(f) of the Disclosure (Scotland) Act 2020 and all other powers enabling them to do so.
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,
 “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,
 “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 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,
 “hospital” has the meaning given in section 108(1) of the 1978 Act,
 “independent health care service” has the meaning given in section 10F(1) of the 1978 Act,
 “protected adult” has the meaning given in section 94 of the Protection of Vulnerable Groups (Scotland) Act 2007,
 “school” has the meaning given in section 135(1) of the Education (Scotland) Act 1980.
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.
NATALIE DON-INNES
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
31st October 2024