Protection of Children (Scotland) Act 2003

12 Searches of lists: amendment of Police Act 1997

(1) The amendments made to sections 113 (criminal record certificates) and 115 (enhanced criminal record certificates) of the Police Act 1997 (c. 50) (“the 1997 Act”) by—

(a) section 8 of the Protection of Children Act 1999 (c. 14);

(b) sections 102 and 104 of, and paragraph 25 of Schedule 4 to, the Care Standards Act 2000 (c. 14); and

(c) paragraphs 13 to 15 of Schedule 12, paragraph 7 of Schedule 13 and paragraphs 72 and 73 of Schedule 21 to the Education Act 2002 (c. 32),

extend, in so far as they do not already do so, to Scotland.

(2) Those sections of the 1997 Act are further amended as follows—

(a) in subsection (3A)(a) of section 113, after sub-paragraph (i) there is inserted—

“(ia) the list kept under section 1(1) of the Protection of Children (Scotland) Act 2003 (asp 5);”;

(b) in subsection (3B) of that section, after paragraph (a) there is inserted—

“(aa) a child care position within the meaning of the Protection of Children (Scotland) Act 2003 (asp 5);”;

(c) in subsection (3E) of that section—

(i) after “to”, where it first occurs, there is inserted “considering the applicant's”;

(ii) after “to”, where it fourth occurs, there is inserted “—

(a) considering the applicant's”;

(iii) paragraphs (a), (b) and (c) are renumbered as sub-paragraphs (i), (ii) and (iv) respectively;

(iv) the word “or”, at the end of sub-paragraph (ii) (as re-numbered above) is repealed;

(v) after that sub-paragraph there is inserted—

“(iii) under Part 3 of the Regulation of Care (Scotland) Act 2001 (asp 8) (social workers); or”; and

(vi) at the end, there is inserted; and

“(b) considering the applicant’s application to have a care service, consisting of the provision of child minding or the day care of children, registered under Part 1 of the Regulation of Care (Scotland) Act 2001 (asp 8) (care services)”; and

(d) in subsection (6A)(a) of section 115, after sub-paragraph (i) there is inserted—

“(ia) the list kept under section 1(1) of the Protection of Children (Scotland) Act 2003 (asp 5);”.

(3) The Scottish Ministers may by order modify sections 113(3A)(a) and 115(6A)(a) of the 1997 Act by adding to each of them provision which describes any list kept under the law of Northern Ireland, the Channel Islands, the Isle of Man, any British overseas territory or any other territory or country outwith the United Kingdom which, in the opinion of the Scottish Ministers, corresponds to any of the lists mentioned in paragraphs (a), (b), (ba) and (ca) of section 17(1) below.