Protection of Vulnerable Groups (Scotland) Act 2007

Part 6 S Interpretation

91 Regulated work S

(1) Regulated work means regulated work with children or protected adults.

(2) Regulated work with children is work of the type described in schedule 2.

(3) Regulated work with adults is work of the type described in schedule 3.

(4) References in this Act to types of regulated work are to be construed accordingly.

Commencement Information

I1 S. 91 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 3)

92 Individuals barred from regulated work S

(1) An individual is barred from regulated work with children if the individual is—

(a) listed in the children's list,

(b) included in the children's barred list maintained under section 2 of the Safeguarding Vulnerable Groups Act 2006 (c. 47),

(c) included (otherwise than provisionally) in the list kept under article 3 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003, or

(d) an individual falling within subsection (3).

(2) An individual is barred from regulated work with adults if the individual is—

(a) listed in the adults' list,

(b) included in the adults' barred list maintained under section 2 of the Safeguarding Vulnerable Groups Act 2006 (c. 47),

(c) included (otherwise than provisionally) in the list kept under article 35 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003, or

(d) an individual falling within subsection (4).

(3) An individual falls within this subsection if, under the law of the Channel Islands, the Isle of Man, any British overseas territory or any other territory or country outwith the United Kingdom, the individual is subject to a prohibition or disqualification which Ministers by order provide corresponds to being barred from regulated work with children by virtue of any of paragraphs (a) to (c) of subsection (1).

(4) An individual falls within this subsection if, under the law of the Channel Islands, the Isle of Man, any British overseas territory or any other territory or country outwith the United Kingdom, the individual is subject to a prohibition or disqualification which Ministers by order provide corresponds to being barred from regulated work with adults by virtue of any of paragraphs (a) to (c) of subsection (2).

(5) Ministers may by order substitute such other list maintained under the law of England and Wales or, as the case may be, Northern Ireland, which in Ministers' opinion corresponds to the children's list for a list mentioned in subsection (1)(b) and (c).

(6) Ministers may by order substitute such other list maintained under the law of England and Wales or, as the case may be, Northern Ireland, which in Ministers' opinion corresponds to the adults' list for a list mentioned in subsection (2)(b) or (c).

Modifications etc. (not altering text)

C1 S. 92 modified (28.2.2011) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Corresponding Disqualifications) Order 2010 (S.S.I. 2010/346), arts. 1, 2

Commencement Information

I2 S. 92(1)(2) in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

I3 S. 92(3)-(6) in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.

I4 S. 92(3)-(6) in force at 28.2.2011 in so far as not already in force by S.S.I. 2011/157, art. 2(a)

93 Meaning of “harm” S

(1) For the purposes of this Act, an individual (“A”) harms another (“B”) if—

(a) A's conduct causes B physical harm,

(b) A's conduct causes B psychological harm (for example: by putting B in a state of fear, alarm or distress), or

(c) A engages in unlawful conduct which appropriates or adversely affects B's property, rights or interests (for example: theft, fraud, embezzlement or extortion),

and references to harm are to be construed accordingly.

(2) For the purposes of this Act, an individual (“C”) places another (“D”) at risk of harm if—

(a) C attempts to harm D,

(b) C incites another to harm D,

(c) C encourages D to self-harm, or

(d) C's conduct otherwise causes, or is likely to cause, D to be harmed,

and references to being placed at risk of harm are to be construed accordingly.

Commencement Information

I5 S. 93 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

94 Meaning of “protected adult” S

(1) For the purposes of this Act, a “protected adult” is [F1 an individual aged 16 or over who is provided with—

(a) a service by a person carrying on—

(i) a support service,

(ii) an adult placement service,

(iii) a care home service, or

(iv) a housing support service,

which is registered under [F2 Part 5 of the 2010 Act ],

(b) a prescribed service—

(i) by a health body acting in exercise of functions conferred by the National Health Service (Scotland) Act 1978 (c. 29),

(ii) which is secured by a health body acting in exercise of such functions,

[F3 (iia) by, or which is secured by, a person to whom such functions are delegated by a Health Board in pursuance of an integration scheme prepared under section 1 or 2 of the Public Bodies (Joint Working) (Scotland) Act 2014,]

(iii) by an independent hospital,

(iv) by a private psychiatric hospital,

(v) by an independent clinic, or

(vi) by an independent medical agency,

(c) a community care service—

(i) provided or secured by a council under the Social Work (Scotland) Act 1968 (c. 49) or the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), or

[F4 (ia) provided or secured by a person to whom a function conferred by either of those Acts is delegated by a council in pursuance of an integration scheme prepared under section 1 or 2 of the Public Bodies (Joint Working) (Scotland) Act 2014,]

(ii) in respect of which F5 ... a direct payment, or [F6 is made by a council or a person to whom functions are delegated by a council in pursuance of an integration scheme under section 1 or 2 of the Public Bodies (Joint Working) (Scotland) Act 2014 (or by another person acting under the direction of the person to whom functions are delegated)]

(d) a prescribed welfare service.]

[F1 (a) an individual aged 18 or over who, by reason of physical or mental disability, illness, infirmity or ageing—

(i) has an impaired ability to protect themself from physical or psychological harm, or

(ii) requires assistance with the activities of daily living,

(b) in relation to a regulated role with adults that involves the carrying out of activities mentioned in paragraph 17 of Part 2 of schedule 3, an individual aged 18 or over who—

(i) is homeless (within the meaning of section 24 of the Housing (Scotland) Act 1987), or

(ii) has experienced, is experiencing or is at risk of experiencing domestic abuse,

(c) in relation to a regulated role with adults that involves the carrying out of activities mentioned in one or more of paragraphs 6 to 12 of Part 2 of schedule 3 (health care), an individual aged 18 or over who is being provided with a prescribed health service, or

(d) in relation to a regulated role with adults that involves the carrying out of such of the activities mentioned in Part 2 of schedule 3 as may be prescribed, an individual aged 18 or over who is being provided with—

(i) a prescribed support service,

(ii) a prescribed adult placement service,

(iii) a prescribed care home service,

(iv) a prescribed housing support service,

(v) a prescribed community care service, or

(vi) a prescribed welfare service.]

(2) Ministers may by order modify subsection (1) in order to change the definition of “protected adult” as they think appropriate.

[F7 (2A) In subsection (1)(b)(ii), “domestic abuse” means behaviour (whether or not amounting to a criminal offence) that—

(a) is perpetrated between partners or ex-partners, whether in the home or elsewhere or by means of electronic or other forms of communications, and

(b) involves any form of physical, verbal, sexual, psychological, emotional or financial abuse of one of the partners or ex-partners by the other.

(2B) For the purposes of subsection (2A), a person is a partner of another person if they are—

(a) married to each other,

(b) civil partners of each other,

(c) living with each other as if they were married to each other, or

(d) otherwise in an intimate relationship with each other,

and the references to ex-partners are to be construed accordingly.]

(3) Expressions used in [F8 —

(a) [F9 paragraph (a) of subsection (1)] [F9 sub-paragraphs (i) to (iv) of subsection (1)(d)] have the same meaning as in schedule 12 to the 2010 Act,

[F10 (b) paragraph (b)(i) and (ii) of that subsection have the same meaning as in section 105 of that Act,]]

[F11 (c) [F10 paragraph (b)(iii) to (vi) of that subsection have the same meanings as in section 10F of the National Health Service (Scotland) Act 1978 (c. 29).]]

(4) In [F12 sub-paragraph (v) of] subsection (1)(c)—

• “community care service” has the same meaning as in the Social Work (Scotland) Act 1968 (c. 49),

• [F13 “direct payment” [F14 has the same meaning as in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013 ].]

(5) In [F15 subsection (1)(d)] [F15 sub-paragraph (vi) of subsection (1)(d)], “welfare service” includes any service which provides support, assistance, advice or counselling to individuals with particular needs.

Textual Amendments

F1 Words in s. 94(1) substituted (30.9.2024 for specified purposes) by Disclosure (Scotland) Act 2020 (asp 13), ss. 75(2), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch.

F2 Words in s. 94(1)(a) substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 33(a); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.

F3 S. 94(1)(b)(iia) inserted (1.4.2016) by The Public Bodies (Joint Working) (Scotland) Act 2014 (Consequential Modifications) Order 2016 (S.S.I. 2016/150), arts. 1, 2(2)(a)

F4 S. 94(1)(c)(ia) inserted (1.4.2016) by The Public Bodies (Joint Working) (Scotland) Act 2014 (Consequential Modifications) Order 2016 (S.S.I. 2016/150), arts. 1, 2(2)(b)(i)

F5 Words in s. 94(1)(c)(ii) repealed (1.4.2016) by The Public Bodies (Joint Working) (Scotland) Act 2014 (Consequential Modifications) Order 2016 (S.S.I. 2016/150), arts. 1, 2(2)(b)(ii)

F6 Words in s. 94(1)(c)(ii) inserted (1.4.2016) by The Public Bodies (Joint Working) (Scotland) Act 2014 (Consequential Modifications) Order 2016 (S.S.I. 2016/150), arts. 1, 2(2)(b)(iii)

F7 S. 94(2A)(2B) inserted (30.9.2024 for specified purposes) by Disclosure (Scotland) Act 2020 (asp 13), ss. 75(3), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch.

F8 Words in s. 94(3) substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 33(b); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.

F9 Words in s. 94(3)(a) substituted (30.9.2024 for specified purposes) by Disclosure (Scotland) Act 2020 (asp 13), ss. 75(4)(a), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch.

F10 S. 94(3)(b)(c) repealed (30.9.2024 for specified purposes) by Disclosure (Scotland) Act 2020 (asp 13), ss. 75(4)(b), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch.

F11 S. 94(3)(c) added (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 17 para. 36(d); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.

F12 Words in s. 94(4) inserted (30.9.2024 for specified purposes) by Disclosure (Scotland) Act 2020 (asp 13), ss. 75(5)(a), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch.

F13 Words in s. 94(4) repealed (30.9.2024 for specified purposes) by Disclosure (Scotland) Act 2020 (asp 13), ss. 75(5)(b), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch.

F14 Words in s. 94(4) substituted (1.4.2014) by The Social Care (Self-directed Support) (Scotland) Act 2013 (Consequential and Saving Provisions) Order 2014 (S.S.I. 2014/90), art. 1, Sch. Pt. 3 (with art. 3)

F15 Words in s. 94(5) substituted (30.9.2024 for specified purposes) by Disclosure (Scotland) Act 2020 (asp 13), ss. 75(6), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch.

Commencement Information

I6 S. 94(1)(a)(c)(2)-(6) in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

I7 S. 94(1)(b)(d) in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.

I8 S. 94(1)(b)(d) in force at 28.2.2011 in so far as not already in force by S.S.I. 2011/157, art. 2(a)

95 Meaning of “work” S

(1) In this Act “work” means work of any kind and, in particular, includes—

(a) paid and unpaid work,

(b) work under a contract (for example: under a contract of service or apprenticeship or under a contract for services),

(c) carrying out the functions of any office established by virtue of an enactment,

(d) being a foster carer, and

(e) caring for, or supervising, individuals participating in any organised activity,

and references to a “worker” and to “working” are to be construed accordingly.

(2) Despite the generality of subsection (1), “work” does not include work falling within subsection (3) or (4).

(3) Work falls within this subsection if it is done for an individual (“A”)—

(a) in the course of a family relationship, and

(b) for the benefit of A or a member of A's family.

(4) Work falls within this subsection if it is done for an individual (“B”)—

(a) in the course of a personal relationship,

(b) for no commercial consideration, and

(c) for the benefit of B, a member of B's family or B's friend.

(5) A family relationship includes a relationship between two individuals who—

(a) live in the same household, and

(b) treat each other as though they were members of the same family.

(6) A personal relationship is a relationship between or among friends.

(7) Any friend of a member of an individual's family is to be regarded as being the individual's friend.

(8) “Benefit” does not include commercial benefit.

(9) Ministers may prescribe circumstances in which work either is or is not to be treated for the purposes of this Act as being done in the course of a family or personal relationship.

Commencement Information

I9 S. 95 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

96 Fostering S

(1) For the purposes of this Act, a “foster carer”, in relation to a child, is an individual other than a parent of the child—

(a) with whom the child has been placed under section 26(1)(a) (placement by councils) of the Children (Scotland) Act 1995 (c. 36) F16 ...,

(b) who looks after the child in pursuance of arrangements made by a council under 26(1)(c) (arrangements for accommodating children) of the [F17 Children (Scotland) Act 1995],

(c) who—

(i) maintains the child as a foster child for the purposes of the Foster Children (Scotland) Act 1984 (c. 56), or

(ii) otherwise looks after the child in circumstances in which that Act applies by virtue of section 17 of that Act, or

(d) who looks after the child in pursuance of—

(i) a permanence order, or

(ii) a [F18 compulsory supervision order ].

(2) A foster carer is to be treated as doing work for—

(a) in the case of a foster carer of the type described in subsection (1)(a), the council which placed the child with that foster carer under section 26(1)(a) of the [F19 Children (Scotland) Act 1995],

(b) in the case of a foster carer of the type described in subsection (1)(b) or (c), any person who—

(i) made arrangements with the foster carer in pursuance of which the foster carer looks after the child, and

(ii) has power to terminate those arrangements,

(c) in the case of a foster carer of the type described in subsection (1)(d)(i), the council which has the right to regulate the child's residence,

(d) in the case of a foster carer of the type described in subsection (1)(d)(ii), the council in whose area the child is looked after.

(3) Sections 34 to 37 do not apply in relation to work as a foster carer where the work is done in pursuance of —

(a) a permanence order which vests any parental responsibility or parental right in the foster carer, or

(b) a [F20 compulsory supervision order ].

(4) Subsections (2) to (7) of section 95 do not apply in relation to work as a foster carer.

(5) References in section 3 to dismissing an individual doing regulated work are, in relation to foster carers, to be read as references to terminating the fostering arrangements concerned.

(6) References in this section to looking after a child in pursuance of a permanence order are references to looking after a child in consequence of the exercise by the council to which the order relates of its right to regulate the child's residence.

(7) References in this section to the council's right to regulate a child's residence are references to the parental right vested in the council by virtue of section 81(1)(b) of the Adoption and Children (Scotland) Act 2007 (asp 4) (mandatory provision in permanence order).

(8) In this section—

• [F21 “compulsory supervision order” has the meaning given by section 83 of the Children’s Hearings (Scotland) Act 2011 (asp 1), ]

• “parental responsibilities” and “parental rights” have the same meaning as they have in the [F22 Children (Scotland) Act 1995],

• “permanence order” means an order made under section 80(1) of the Adoption and Children (Scotland) Act 2007 (asp 4),

• F23 ...

Textual Amendments

F16 Words in s. 96(1)(a) repealed (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 12(9)(a) (with s. 96); S.S.I. 2021/380, reg. 2, sch.

F17 Words in s. 96(1)(b) substituted (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 12(9)(b) (with s. 96); S.S.I. 2021/380, reg. 2, sch.

F18 Words in s. 96(1)(d)(ii) substituted (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, Sch. 1 para. 18(2)(a)

F19 Words in s. 96(2)(a) substituted (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 12(9)(b) (with s. 96); S.S.I. 2021/380, reg. 2, sch.

F20 Words in s. 96(3)(b) substituted (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, Sch. 1 para. 18(2)(a)

F21 Words in s. 96(8) inserted (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, Sch. 1 para. 18(2)(b)

F22 Words in s. 96(8) substituted (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 12(9)(c) (with s. 96); S.S.I. 2021/380, reg. 2, sch.

F23 Words in s. 96(8) repealed (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, Sch. 2

Commencement Information

I10 S. 96 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

97 General interpretation S

(1) In this Act—

• “the 1995 Act” means the Criminal Procedure (Scotland) Act 1995 (c. 46),

• “the 1997 Act” means the Police Act 1997 (c. 50),

• “the 2001 Act” means the Regulation of Care (Scotland) Act 2001 (asp 8),

• [F24 “ the 2010 Act ” means the Public Services Reform (Scotland) Act 2010 (asp 8), ]

• “care service” has the same meaning as in [F25 Part 5 of the 2010 Act ],

• “charity” means a body entered in the Scottish Charity Register,

• “charity trustees” has the meaning given in section 106 of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10),

• “chief constable” means the chief constable of [F26 the Police Service of Scotland ],

• “child” means an individual under the age of 18,

• “conduct” includes neglect and other failures to act,

• [F27 “conviction” means a conviction within the meaning of the Rehabilitation of Offenders Act 1974; and references to “convicted” (other than in section 14) are to be construed accordingly,]

• “council” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39),

• “disciplinary proceedings” means proceedings in which the regulatory body for a profession is to decide whether disciplinary action should be taken against an individual carrying on that profession,

• [F28 “Disclosure and Barring Service” and “DBS” mean the body established by section 87(1) of the Protection of Freedoms Act 2012,]

• [F29 “disclosure declaration” means a declaration of the type referred to in disclosure condition C (see section 55) which is made in relation to a disclosure request,]

• [F29 “disclosure record” means a—

  (a)

  scheme record,

  (b)

  short scheme record, or

  (c)

  statement of scheme membership,

  disclosed under Part 2,]

• [F29 “disclosure request” means a request for a disclosure under section 52, 53 or 54 of—

  (a)

  a scheme record,

  (b)

  a short scheme record, or

  (c)

  a statement of scheme membership,]

• “employment” means paid employment, whether under a contract of service or apprenticeship or under a contract for services (and “employee” and related words are to be construed accordingly),

• “employment agency” means the business (whether or not carried on with a view to profit and whether or not carried on in conjunction with any other business) of providing services (whether by the provision of information or otherwise) for the purpose of finding individuals employment with employers or of supplying employers with individuals for employment by them,

• “employment business” means the business (whether or not carried on with a view to profit and whether or not carried on in conjunction with any other business) of supplying individuals in the employment of the person carrying on the business to act for, and under the control of, other persons in any capacity,

• “Health Board” means a board constituted by order under section 2(1)(a) of the National Health Service (Scotland) Act 1978 (c. 29),

• “Her Majesty's Inspectors of Schools” means the inspectors of schools appointed by Her Majesty under the Education (Scotland) Act 1980 (c. 44),

• F30 ...

• “legal proceedings” means civil or criminal proceedings in or before any court or tribunal,

• “Ministers” means the Scottish Ministers,

• “organisation” means—

  (a)

  a body corporate or unincorporated,

  (b)

  an individual who, in the course of a business, employs or otherwise gives work to other persons,

  (c)

  the governing body, trustees, or other person or body of persons responsible for the management of any of the following—

  (i)

  a school,

  (ii)

  a body listed in schedule 2 to the Further and Higher Education (Scotland) Act 2005 (asp 6),

  (iia)

  [F31 a college of further education which is assigned to a regional strategic body by order made under section 7C(1) of that Act,]

  (iii)

  a hostel used mainly by pupils attending a school or body mentioned in paragraph (i) or (ii) respectively,

• “personnel supplier” means an organisation which carries on an employment agency or employment business,

• F32 ...

• [F33 “police force” has the same meaning as in section 69 of the Disclosure (Scotland) Act 2020,]

• “prescribed” [F34 (except where used in sections 18(4)(b) and 49(1)(a))] means prescribed in regulations made by Ministers (and “prescribe” is to be construed accordingly),

• “registrar of dentists and dental care professionals” means the registrar appointed under section 14 of the Dentists Act 1984 (c. 24),

• “Registrar of health professionals” means the Registrar appointed under Article 4 of the Heath Professions Order 2001 (S.I. 2002/254),

• “Registrar of nurses and midwives” means the Registrar appointed under Article 4 of the Nursing and Midwifery Order 2001 (S.I. 2002/253),

• [F35 “registrar of pharmacists” means the registrar appointed under article 18 of the Pharmacy Order 2010, ]

• “school” has the same meaning as in the Education (Scotland) Act 1980 (c. 44),

• F36 ...

• “Special Health Board” means a board constituted by order under section 2(1)(b) of the National Health Service (Scotland) Act 1978 (c. 29).

(2) For the purposes of this Act, Ministers must assume that an individual is [F37 doing regulated work for an organisation if they—

(a) have made a disclosure in respect of the individual, in relation to that type of regulated work, under section 52, 53 or 54,

(b) know that the disclosure was sought for the purposes of enabling or assisting the organisation to consider the scheme member's suitability to do, that type of regulated work for the organisation (or to be offered such work by the organisation), and

(c) have not been satisfied that the individual has not been engaged to do, or has stopped doing, that type of regulated work for the organisation.]

[F37 carrying out a regulated role for an organisation if they—

(a) have made available, in respect of the individual—

(i) a confirmation of scheme membership under section 54,

(ii) a Level 2 disclosure (within the meaning of section 8(1) of the Disclosure (Scotland) Act 2020) where section 17 of that Act applies,

in relation to that regulated role,

(b) know that the confirmation of scheme membership or (as the case may be) the Level 2 disclosure was sought for the purpose of enabling or assisting the organisation to consider the scheme member's suitability to carry out that type of regulated role for the organisation (or to be offered such a role by the organisation), and

(c) have not been satisfied that the individual has not been engaged to carry out, or has stopped carrying out, that type of regulated role for the organisation.]

(3) References in this Act to Ministers considering whether to list an individual are to be read as references to Ministers considering whether to list an individual in the children's list, in the adults' list or, as the case may be, in both lists in pursuance of section 10, 11, 12 or 13.

(4) References in this Act to Ministers' vetting, barring and disclosure functions are references to their functions under Parts 1 and 2 of this Act and [F38 Part 5 of the 1997 Act] [F38 Part 1 of the Disclosure (Scotland) Act 2020] (other than functions relating to the making of regulations and orders).

(5) References in this Act to relevant police forces, and to the chief officers of those forces, are to be read in the same way as they are read [F39 in relation to an application under section 113B of the 1997 Act] [F39 for the purposes of section 49 of the Disclosure (Scotland) Act 2020].

(6) The words and other expressions listed in schedule 5 are defined or otherwise explained for the purposes of this Act by the provisions indicated in that schedule.

Textual Amendments

F24 Words in s. 97(1) inserted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 34(a); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.

F25 Words in s. 97(1) substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 34(b); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.

F26 Words in s. 97(1) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 36(6)(a); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F27 Words in s. 97(1) inserted (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), ss. 90(2), 97 (with s. 96); S.S.I. 2021/380, reg. 2, sch.

F28 Words in s. 97(1) inserted (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 12(10)(a) (with s. 96); S.S.I. 2021/380, reg. 2, sch.

F29 Words in s. 97(1) repealed (30.9.2024 for specified purposes) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 5(13)(a)(ii) (with s. 96); S.S.I. 2024/242, reg. 2, sch.

F30 Words in s. 97(1) repealed (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 12(10)(b) (with s. 96); S.S.I. 2021/380, reg. 2, sch.

F31 Words in s. 97(1) inserted (31.3.2015) by The Post-16 Education (Scotland) Act 2013 (Modification of Legislation) Order 2015 (S.S.I. 2015/153), art. 1, Sch. para. 4

F32 Words in s. 97(1) repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 36(6)(b); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F33 Words in s. 97(1) substituted (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 12(10)(c) (with s. 96); S.S.I. 2021/380, reg. 2, sch.

F34 Words in s. 97(1) repealed (30.9.2024 for specified purposes) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 5(13)(a)(i) (with s. 96); S.S.I. 2024/242, reg. 2, sch.

F35 Words in s. 97(1) substituted (27.9.2010) by The Pharmacy Order 2010 (S.I. 2010/231), art. 1(5), Sch. 4 para. 16(c); S.I. 2010/1621, art. 2(1), Sch.

F36 Words in s. 97(1) repealed (1.4.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011 (S.S.I. 2011/211), art. 1, Sch. 1 para. 19(b)

F37 Words in s. 97(2) substituted (30.9.2024 for specified purposes) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 5(13)(b) (with s. 96); S.S.I. 2024/242, reg. 2, sch.

F38 Words in s. 97(4) substituted (30.9.2024 for specified purposes) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 5(13)(c) (with s. 96); S.S.I. 2024/242, reg. 2, sch.

F39 Words in s. 97(5) substituted (30.9.2024 for specified purposes) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 5(13)(d) (with s. 96); S.S.I. 2024/242, reg. 2, sch.

Commencement Information

I11 S. 97(1) in force at 1.9.2007 by S.S.I. 2007/385, art. 2, Sch.

I12 S. 97(2)-(6) in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)