- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (Fel y'i Deddfwyd)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Protection of Vulnerable Groups (Scotland) Act 2007. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)Ministers must, after making enquiries for the purpose of discovering whether any vetting information exists in relation to a new scheme member, create a scheme record for the member.
(2)Ministers must make arrangements for the purpose of discovering whether any new vetting information arises in relation to scheme members while those members participate in the Scheme.
(3)Ministers must update a scheme record if they discover any new vetting information about the scheme member to whom it relates.
(4)Vetting information is new if Ministers did not discover it as a result of earlier enquiries made in pursuance of subsection (1) or (2) in relation to the scheme member concerned (regardless of whether it existed when they made those earlier enquiries).
Modifications etc. (not altering text)
C1Pt. 2 modified (28.2.2011) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Consequential Provisions) Order 2010 (S.I. 2010/2660), arts. 1, 22
C2Pt. 2 modified (28.2.2011) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Consequential Provisions) Order 2010 (S.I. 2010/2660), arts. 1, 21
Commencement Information
I1S. 47 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
A scheme record is a document comprising—
(a)a scheme member's statement of scheme membership, and
(b)vetting information about the scheme member which Ministers discover as a result of enquiries or arrangements made under section 47.
Commencement Information
I2S. 48 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
(1)Vetting information, in relation to a scheme member, is—
(a)the information referred to in section 113A(3)(a) of the 1997 Act (prescribed details of every relevant matter relating to the scheme member which is recorded in central records),
(b)if the scheme member is subject to notification requirements under Part 2 of the Sexual Offences Act 2003 (c. 42), information about those requirements,
[F1(c)information which—
(i)the chief officer of a relevant police force reasonably believes to be relevant in relation to the type of regulated work in relation to which the scheme member participates in the Scheme, and
(ii)in the chief officer’s opinion, ought to be included in the scheme member’s scheme record, and]
(d)such other information as may be prescribed.
[F2(1A)For the avoidance of doubt, information such as is mentioned in subsection (1)(c) may include information with respect to relevant behaviour (within the meaning of section 5(1)(a) of the Age of Criminal Responsibility (Scotland) Act 2019).]
(2)Regulations prescribing information for the purposes of subsection (1)(d) may require persons holding information of the type prescribed to disclose it to Ministers for the purposes of this Act.
Textual Amendments
F1S. 49(1)(c) substituted (10.9.2015) by The Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 Remedial Order 2015 (S.S.I. 2015/330), arts. 1(2), 4(3) (with arts. 5-10) which S.S.I. is revoked ands. 49(1)(c) substituted (8.2.2016) by The Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 Remedial (No. 2) Order 2015 (S.S.I. 2015/423), arts. 1(2), 4(3) (with arts. 5-10)
F2S. 49(1A) inserted (30.11.2020) by Age of Criminal Responsibility (Scotland) Act 2019 (asp 7), ss. 10(3), 84(2); S.S.I. 2020/369, reg. 2, sch.
Commencement Information
I3S. 49(1)(a)-(c) (2) in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
I4S. 49(1)(d) in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.
I5S. 49(1)(d) in force at 28.2.2011 in so far as not already in force by S.S.I. 2011/157, art. 2(a)
(1)A scheme member must give Ministers notice of—
(a)a change in the member's name,
(b)the issue of a full gender recognition certificate to the member under section 4 of the Gender Recognition Act 2004 (c. 7), or
(c)any other change in circumstance of a prescribed type.
(2)A notice under subsection (1) must be given within 3 months of the date of the change or issue of the certificate to which it relates.
(3)An individual who fails, without reasonable excuse, to comply with subsection (1) commits an offence.
(4)An individual guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Commencement Information
I6S. 50 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
(1)Ministers must correct a scheme record if they are satisfied (following a request by a scheme member for correction, notification under section 50 or otherwise) that any information included in it is inaccurate.
(2)After correcting an inaccurate scheme record, Ministers must disclose the corrected information to—
(a)the scheme member, and
(b)any organisation for which they know the scheme member is doing regulated work.
(3)Subsection (2) applies only if Ministers have previously disclosed the inaccurate information under this Part to the scheme member or, as the case may be, the organisation.
(4)[F3Subject to subsection (4A),] a scheme member may, in particular, request a review of any information included in a scheme record by virtue of section 49(1)(c).
[F4(4A)But a scheme member may not request a review of information included in a scheme record by virtue of section 49(1)(c) which was or could have been the subject of an appeal under section 20 of the Age of Criminal Responsibility (Scotland) Act 2019.]
[F5(5)Ministers, on receiving [F6a request mentioned in subsection (4)], must ask the chief officer of the relevant police force who provided that information to reconsider whether—
(a)the chief officer still reasonably believes that information to be relevant in relation to the type of regulated work in relation to which the scheme member participates in the Scheme, and
(b)in the chief officer’s opinion, that information still ought to be included in the scheme member’s scheme record.]
(6)Information which was considered accurate when included in a scheme record but which—
(a)is subsequently found to have always been inaccurate, or
(b)subsequently becomes inaccurate for any reason,
is to be regarded as being inaccurate information for the purposes of this section.
[F7(7)This section does not apply to vetting information included in a scheme record which could be the subject of an application under section 52A(2).]
Textual Amendments
F3Words in s. 51(4) inserted (30.11.2020) by Age of Criminal Responsibility (Scotland) Act 2019 (asp 7), ss. 25(4)(a), 84(2); S.S.I. 2020/369, reg. 2, sch.
F4S. 51(4A) inserted (30.11.2020) by Age of Criminal Responsibility (Scotland) Act 2019 (asp 7), ss. 25(4)(b), 84(2); S.S.I. 2020/369, reg. 2, sch.
F5S. 51(5) substituted (8.2.2016) by The Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 Remedial (No. 2) Order 2015 (S.S.I. 2015/423), arts. 1(2), 4(4)(a) (with arts. 5-10)
F6Words in s. 51(5) substituted (30.11.2020) by Age of Criminal Responsibility (Scotland) Act 2019 (asp 7), ss. 25(4)(c), 84(2); S.S.I. 2020/369, reg. 2, sch.
F7S. 51(7) inserted (10.9.2015) by The Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 Remedial Order 2015 (S.S.I. 2015/330), arts. 1(2), 4(4)(b) (with arts. 5-10) which S.S.I. is revoked ands. 51(7) inserted (8.2.2016) by The Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 Remedial (No. 2) Order 2015 (S.S.I. 2015/423), arts. 1(2), 4(4)(b) (with arts. 5-10)
Commencement Information
I7S. 51 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
(1)This section applies where—
(a)on receiving a copy of a scheme record under section 52(3)(b) or (5), a scheme member requests that Ministers correct information included in the record,
(b)Ministers correct the information, and
(c)as a result of the correction, the scheme record includes vetting information about a conviction [F9which falls within subsection (4)] .
(2)Section 51(2) does not apply in relation to the corrected information.
(3)Ministers must treat the request for disclosure to which the copy of the scheme record relates as if—
(a)it has not yet been complied with, and
(b)it had been made on the day on which the information is corrected.]
[F10(4)A conviction falls within this subsection if it is—
(a)a conviction for an offence listed in schedule 8A of the 1997 Act which is a spent conviction and either—
(i)the person was aged under 18 on the date of conviction and at least 7 years and 6 months have passed since the date of conviction, or
(ii)the person was aged 18 or over on the date of conviction and at least 15 years have passed since the date of conviction,
(b)a conviction for an offence listed in schedule 8B of the 1997 Act which is—
(i)a spent conviction, but
(ii)not a protected conviction.]
Textual Amendments
F8S. 52ZA inserted (8.2.2016) by The Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 Remedial (No. 2) Order 2015 (S.S.I. 2015/423), arts. 1(2), 4(5) (with arts. 5-10)
F9Words in s. 52ZA(1)(c) substituted (17.2.2018) by The Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 Remedial Order 2018 (S.S.I. 2018/52), arts. 1(2), 4(2)(a)
F10S. 52ZA(4) inserted (17.2.2018) by The Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 Remedial Order 2018 (S.S.I. 2018/52), arts. 1(2), 4(2)(b) (with art. 8)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys