Protection of Vulnerable Groups (Scotland) Act 2007
Part 1The lists
Duty to keep lists
1Duty of Scottish Ministers to keep lists
Referrals
2Referral ground
3Reference following disciplinary action etc.
4Reference by employment agency
5Reference by employment business
6Reference relating to matters occurring before provisions come into force
7Reference by court
8Reference by certain other persons
9Failure to refer: offence
Consideration whether to list
10Consideration whether to list: organisational referrals etc.
11Consideration whether to list: court referrals
12Consideration whether to list: vetting information etc.
13Consideration whether to list: inquiries
Inclusion in list
14Automatic listing
15Inclusion in children's list after consideration
16Inclusion in adults' list after consideration
Information relevant to listing decisions
17Information relevant to listing decisions
18Police information etc.
19Information held by public bodies etc.
20Information held by regulated work providers
Appeals against listing
21Appeals against inclusion in children's list
22Appeals against inclusion in adults' list
23Further appeals in relation to inclusion in either list
24Appeals in relation to listing: supplementary
Removal from list
25Application for removal from list
26Determination of application for removal from list
27Appeals against refusal to remove individual from list
28Late representations
29Removal from list
Appeals and removals: information powers
29AAppeals and removals: application of sections 18 to 20
Listing: supplementary
30Notice of listing etc.
30A Notification of health regulatory bodies etc.
31Relevant inquiries
32Relevant offences etc.
33Duty to notify certain changes
Offences relating to regulated work
34Barred individuals not to do regulated work
35Organisations not to use barred individuals for regulated work
36Personnel suppliers not to supply barred individuals for regulated work
37Penalties for offences relating to regulated work
37AOffences outside Scotland
General and supplementary
38Police access to lists
39Restrictions on listing in children's list
40Restrictions on listing in adults' list
41Protection from actions for damages
42Power to regulate procedure etc.
43Transfer from 2003 Act list
Part 2Vetting and disclosure
The Scheme
44The Scheme
45Participation in Scheme
46Statement of scheme membership
Vetting information
47Enquiries about scheme members
48Scheme record
49Vetting information
50Duty to notify certain changes
51Correction of inaccurate scheme record
52ZAProcedure following correction of inaccurate scheme record
Disclosure
52Disclosure of scheme records
52AReview of vetting information in scheme record
53Disclosure of short scheme records
54Disclosure of scheme membership
55Disclosure conditions
56Crown work
57Disclosure restrictions
57AMeaning of “conviction” and “protected conviction”
Removal from scheme
58Removal from scheme
59Withdrawal from scheme
59AWithdrawal from Scheme when under consideration for listing
60Notice of removal
61Retention of scheme records after removal
Evidence of identity
62Evidence of identity
63Power to use fingerprints to check applicant's identity
64Power to use personal data to check applicant's identity
Offences relating to vetting information
65Falsification of scheme records etc.
66Unlawful disclosure of scheme records etc.
67Unlawful requests for scheme records etc.
68Unlawful disclosure etc.: supplementary
69Penalties for offences relating to vetting information
Fees, forms and other procedures
70Fees
71Forms
72Procedure
Supplementary
73Consideration of suitability
74Delegation of vetting and disclosure functions
75Sources of information
76Police access to scheme information
77Statements of scheme membership: disclosure of whether individual under consideration for listing
Part 3Amendment of Part 5 of the Police Act 1997
78Information in criminal conviction and record certificates
79Form of Part 5 applications
80Payment of fee for information from certain police forces
81Regulations about registration
Part 4School care accommodation services
82Meaning of “school care accommodation service”
83Application of fire safety rules to school care accommodation service
Part 5Supplementary and general
84Guidance
84AGuidance for chief constable
85Annual report
86Transfer of Disclosure Scotland staff etc.
87Power to give effect to corresponding legislation in England, Wales and Northern Ireland
88Modification of enactments
89Offences by bodies corporate etc.
90Crown application
Part 6Interpretation
91Regulated work
92Individuals barred from regulated work
93Meaning of “harm”
94Meaning of “protected adult”
95Meaning of “work”
96Fostering
97General interpretation
Part 7Final provisions
98Ancillary provision
99Saving: disclosure of information
100Orders and regulations
101Commencement
102Short title
SCHEDULE 1Relevant offences
1An offence falls within this paragraph if it is—
2An individual falls within this paragraph if the individual—
SCHEDULE 2Regulated work with children
Part 1Preliminary
Regulated work with children
1Regulated work with children is work done in Scotland in—...
1ADefinitions in relation to unsupervised contact with children
Exceptions relating to children's employment and work
2Work which would be regulated work with children by virtue...
2AApplication of sections 35 and 36 to host parenting
Part 2Activities
Caring for children
3Caring for children (except caring for children which is merely...
Teaching, instructing, training or supervising children
4Teaching, instructing, training or supervising children (except teaching, instructing, or...
Being in sole charge of children
5Being in sole charge of children.
Unsupervised contact with children
6Unsupervised contact with children under arrangements made by a responsible...
Providing advice or guidance to children
7Providing advice or guidance to a child or to particular...
Moderating certain interactive communication services
8Moderating a public electronic interactive communication service which is intended...
Provision of care home services
9Providing, or working for an organisation which provides, a care...
Provision of independent health care services
10Providing, or working for an organisation which provides, an independent...
Work on day care premises
11Work on any part of day care premises at times...
11ABeing a host parent
Part 3Establishments
Children's detention institution
12An institution which is exclusively or mainly for the detention...
Children's hospital
13A hospital which is exclusively or mainly for the reception...
Educational institutions etc.
14A school.
15A further education institution.“Further education institution” means a body listed...
16A hostel used mainly by pupils attending a school or...
Children's home
17A home which is exclusively or mainly for children and...
Part 4Positions
Manager of educational institutions etc.
18Manager, or member of a governing body, body of trustees...
Member of council committee
19Member of— (a) a committee (including joint committee) of a...
Member of children's panel etc.
20Member of— (a) the Children’s Panel, (b) the Safeguarders Panel,...
20ANational Convener of Children’s Hearings Scotland.
20BPrincipal Reporter.
Chief social work officer
21Chief social work officer of a council.
Chief education officer
22Chief education officer (however called) of a council.
Commissioner for Children and Young People in Scotland
23Commissioner for Children and Young People in Scotland.
24Member of that Commissioner's staff.
Registrar of Independent Schools in Scotland
25Registrar of Independent Schools in Scotland.
Fostering
26Foster carer.
Charity trustee of a children’s charity.
27“Children’s charity” means a charity whose— (a) main purpose is...
Part 5General
Power to amend schedule
28Ministers may by order modify this schedule as they think...
29An order under paragraph 28 may disapply or otherwise modify...
SCHEDULE 3Regulated work with adults
Part 1Preliminary
Regulated work with adults
1Regulated work with adults is work done in Scotland in—...
Part 2Activities
Caring for adults
2Caring for protected adults (except caring for protected adults under...
Teaching, instructing, training and supervising adults
3Teaching, instructing, training or supervising protected adults (except teaching, instructing,...
Being in sole charge of adults
4Being in sole charge of protected adults (except being in...
Providing assistance, advice or guidance to adults
5Providing assistance, advice or guidance to a protected adult or...
Provision of care home services
6Providing, or working for an organisation which provides, a care...
Inspecting care services on behalf of the Social Care and Social Work Improvement Scotland and Healthcare Improvement Scotland
7Inspecting adult care services (including inspecting any premises used for...
Part 3Establishments
Care home
8A care home.“Care home” means accommodation occupied mainly or exclusively...
Residential establishment or accommodation
9A residential establishment or accommodation occupied exclusively or mainly by...
Part 4Positions
Member of council committee
10Member of a committee (including joint committee) of a council...
Chief social work officer
11Chief social work officer of a council.
Charity trustee
12Charity trustee of a charity whose— (a) main purpose is...
Part 5General
Power to amend schedule
13Ministers may by order modify this schedule as they think...
14An order under paragraph 13 may disapply or otherwise modify...
SCHEDULE 4Minor and consequential amendments and repeals
Teaching Council (Scotland) Act 1965 (c. 19)
1The Teaching Council (Scotland) Act 1965 is amended as follows....
2In section 6— (a) in subsection (2C), for the words...
3In section 10B(1)(b)— (a) paragraphs (i) to (iii), and
4In section 11(8), for the words from “such” to “but”...
Education (Scotland) Act 1980 (c. 44)
5The Education (Scotland) Act 1980 is amended as follows.
6In section 98A— (a) in subsection (5)(a)(ii), for “disqualified from...
7In section 99(1A)— (a) in paragraph (g)(ii), for “disqualified from...
8In section 135(1)— (a) after the definition of “attendance order”...
Foster Children (Scotland) Act 1984 (c. 56)
9The Foster Children (Scotland) Act 1984 is amended as follows....
10In section 7, after subsection (2) insert—
11In section 15, after subsection (2) insert—
12In section 21, before the definition of “care home service”...
Criminal Procedure (Scotland) Act 1995 (c. 46)
13The 1995 Act is amended as follows.
14In section 106(1)— (a) paragraphs (db) and (dc) are repealed,...
15In section 110(1)(a), the words “, the proposal to make...
16Section 111(3) is repealed.
17In section 116, for subsection (2) substitute—
18In section 118— (a) in subsection (4), for the words...
19In section 121A(1), the words “(other than an appeal under...
20In section 173(2), the words “or (cb)” are repealed.
21In section 175— (a) in subsection (2)—
22Section 181(4) is repealed.
23In section 186— (a) the words “or (cb)”, where they...
24In section 187(1), the words “or (cb)” are repealed.
25In section 189— (a) subsection (2A) is repealed,
26In section 193A(1), the words “(other than by way of...
Police Act 1997 (c. 50)
27Part 5 of the 1997 Act is amended as follows....
28In section 113A, after subsection (5) insert—
29After section 113B insert— Suitability information relating to children (1) In such cases as are prescribed, an enhanced criminal...
30Sections 113C to 113F are repealed.
31In section 114— (a) in subsection (2), for “a Minister...
32In section 116— (a) in subsection (2), for “a Minister...
33In section 117, after subsection (2) insert—
34In section 118— (a) in subsection (2A)(a), for “United Kingdom...
35In section 119A(2), the words from “; and” to the...
36In section 120(5)(b) for the words from “countersign” to “113B”...
37In section 120A— (a) in subsection (3)(b), for “included in...
38Section 121 is repealed.
39In section 122— (a) in subsection (3)—
40Before section 123 insert— Delegation of functions of Scottish Ministers...
41In section 126(1), after the definition of “Minister of the...
Protection of Children (Scotland) Act 2003 (asp 5)
42The whole Act (other than sections 13 and 16) is...
Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5)
43Section 24(1) of the Criminal Procedure (Amendment) (Scotland) Act 2004...
Charities and Trustee Investment (Scotland) Act 2005 (asp 10)
44Paragraph 15 of schedule 4 to the Charities and Trustee...
Inquiries Act 2005 (c. 12)
45Part 2 of Schedule 2 to the Inquiries Act 2005...
Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10)
46The following provisions of the Police, Public Order and Criminal...
SCHEDULE 5Index

Protection of Vulnerable Groups (Scotland) Act 2007

2007 asp 14

An Act of the Scottish Parliament to bar certain individuals from working with children or certain adults; to require the Scottish Ministers to keep lists of those individuals; to make further provision in relation to those lists; to establish a scheme under which information about individuals working or seeking to work with children or certain adults is collated and disclosed; to amend Part 5 of the Police Act 1997; to amend the meaning of school care accommodation service in the Regulation of Care (Scotland) Act 2001; and for connected purposes.