Protection of Vulnerable Groups (Scotland) Act 2007

68Unlawful disclosure etc.: supplementaryS

This section has no associated Explanatory Notes

(1)Nothing in section 66 prevents disclosure of [F1a confirmation of scheme membership made available under section 54]—

(a)by the scheme member to whom the [F2confirmation of scheme membership] relates,

(b)by any other person with the consent of the scheme member to whom the [F3confirmation of scheme membership] relates,

(c)to an office-holder in the Scottish Administration or a government department,

(d)to a person appointed to any office by virtue of any enactment,

(e)in accordance with any obligation to provide information imposed by virtue of any enactment,

(f)for the purposes of answering a prescribed type of exempted question, or

(g)for some other prescribed purpose.

(2)Nothing in subsections (2), (4), (6) or (8) of section 66 makes lawful any disclosure of [F4a confirmation of scheme membership made available under section 54] otherwise than for the purpose of enabling or assisting the person in relation to whom the [F5confirmation of scheme membership was made available under section 54] to consider the suitability of the scheme member concerned to [F6carry out, or to be offered or supplied for, the type of regulated role] concerned.

(3)Nothing in section 67 prevents use of [F7a confirmation of scheme membership made available under section 54] for a purpose other than the permitted purpose—

(a)by the scheme member to whom the [F8confirmation of scheme membership] relates,

(b)by any other person with the consent of the scheme member to whom the [F9confirmation of scheme membership] relates,

(c)by an office-holder in the Scottish Administration or a government department,

(d)by a person appointed to any office by virtue of any enactment,

(e)in accordance with any obligation to provide information imposed by virtue of any enactment,

(f)in order to answer a prescribed type of exempted question, or

(g)in any other prescribed circumstances.

[F10(4)In sections 66 and 67(2) and in this section, references to a confirmation of scheme membership include references to any information contained in a confirmation of scheme membership.]

(5)“Exempted question”, where used in subsections (1)(f) and (3)(f), means a question in relation to which section 4(2)(a) or (b) of the Rehabilitation of Offenders Act 1974 (c. 53) has been excluded by order made under section 4(4) of that Act.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I1S. 68 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)