- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (28/02/2011)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 01/04/2011
Point in time view as at 28/02/2011.
Protection of Vulnerable Groups (Scotland) Act 2007 is up to date with all changes known to be in force on or before 16 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(introduced by section 32)
1SAn offence falls within this paragraph if it is—
(a)an offence under section 12 (cruelty to children under 16) of the Children and Young Persons (Scotland) Act 1937 (c. 37),
(b)an offence under section 15 (causing or allowing children under 16 to be used for begging or procuring alms) of that Act,
(c)an offence under section 22 (exposing a child under 7 to risk of burning) of that Act,
(d)an offence under section 33 (causing or allowing children under 17 to participate in performances which endanger life or limb) of that Act,
(e)an offence under section 52 (taking, distributing, showing, or publishing etc. any indecent photograph or pseudo-photograph of a child) of the Civic Government (Scotland) Act 1982 (c. 45),
(f)an offence under section 52A (possessing any indecent photograph or pseudo-photograph of a child) of that Act,
F1(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(h)an offence under section 3 (intercourse of person in position of trust with child under 16) of [F2the Criminal Law (Consolidation) (Scotland) Act 1995 (c.39)],
[F3(i)an offence under section 5(2) (attempt to have intercourse with a girl under 13) of that Act,
(ia) an offence under section 5(3) (intercourse or attempt to have intercourse with a girl of over 13 and under 16) of that Act, ]
(j)an offence under section 6 (indecent behaviour towards girl between 12 and 16) of that Act,
(k)an offence under section 8 (abduction and unlawful detention of unmarried girl under 18) of that Act,
(l)an offence under section 9 (permitting girl under 16 to use premises for intercourse) of that Act,
(m)an offence under section 10 (causing or encouraging the seduction of, the prostitution of, unlawful intercourse with or the commission of an indecent assault on a girl under 16) of that Act,
(n)an offence under section 12 (allowing child who is 4 or over but under 16 to be in a brothel) of that Act,
(o)an offence under section 13(5)(c) (homosexual acts with a boy under 16) of that Act,
(p)an offence under section 3 (sexual activity of person in position of trust with child) of the Sexual Offences (Amendment) Act 2000 (c. 44),
(q)an offence under section 1 (meeting a child following certain preliminary contact) of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9),
(r)an offence under section 7 (breach of risk of sexual harm order or interim risk of sexual harm order) of that Act,
(s)an offence under section 9 (paying for sexual services of a child) of that Act,
(t)an offence under section 10 (causing or inciting provision by child of sexual services or child pornography) of that Act,
(u)an offence under section 11 (controlling a child providing sexual services or involved in pornography) of that Act,
(v)an offence under section 12 (arranging or facilitating provision by child of sexual services or child pornography) of that Act.
[F4(w) an offence under section 20(1) and (2)(a) (sexual assault on a young child (under 13) by penetration of the vagina, anus or mouth by any means) of the Sexual Offences (Scotland) Act 2009 (asp 9) where the conviction is in summary proceedings,
(x)an offence under section 20(1) and (2)(b) to (e) (sexual assault on a young child) of that Act,
(y)an offence under section 21 (causing a young child to participate in a sexual activity) of that Act,
(z)an offence under section 22 (causing a young child to be present during a sexual activity) of that Act,
(za)an offence under section 23 (causing a young child to look at a sexual image) of that Act,
(zb) an offence under section 24 (communicating indecently with a young child etc. ) of that Act,
(zc)an offence under section 25 (sexual exposure to a young child) of that Act,
(zd)an offence under section 26 (voyeurism towards a young child) of that Act,
(ze)an offence under section 28 (having intercourse with an older child) of that Act,
(zf)an offence under section 29 (engaging in penetrative sexual activity with or towards an older child) of that Act,
(zg)an offence under section 30 (engaging in sexual activity with or towards an older child) of that Act,
(zh)an offence under section 31 (causing an older child to participate in a sexual activity) of that Act,
(zi)an offence under section 32 (causing an older child to be present during a sexual activity) of that Act,
(zj)an offence under section 33 (causing an older child to look at a sexual image) of that Act,
(zk) an offence under section 34 (communicating indecently with an older child etc. ) of that Act,
(zl)an offence under section 35 (sexual exposure to an older child) of that Act,
(zm)an offence under section 36 (voyeurism towards an older child) of that Act,
(zn)an offence under section 42 (sexual abuse of trust) of that Act,
(zo)an offence in respect of attempting or conspiring to commit any offence referred to in this paragraph,
(zp)an offence in respect of aiding and abetting, inciting, counselling or procuring any offence referred to in this paragraph,
(zq)an offence in respect of attempting or conspiring to commit any offence listed in paragraphs 9, 10 or 11 of Schedule 1 to the Protection of Vulnerable Groups (Scotland) Act 2007 (Automatic Listing) (Specified Criteria) Order 2010,
(zr)an offence in respect of aiding and abetting, inciting, counselling or procuring any offence listed in paragraphs 9, 10 or 11 of Schedule 1 to the Protection of Vulnerable Groups (Scotland) Act 2007 (Automatic Listing) (Specified Criteria) Order 2010,
(zs)an offence which—
(i)is similar in nature to an offence referred to in this paragraph, and
(ii)was provided for in an enactment which is no longer in force or was an offence at common law which has been abolished by an enactment.]
Textual Amendments
F1Sch. 1 para. 1(g) omitted (28.2.2011 coming into force in accordance with art. 1) by virtue of The Protection of Vulnerable Groups (Scotland) Act 2007 (Relevant Offences) (Modification) Order 2010 (S.S.I. 2010/246), arts. 1, 3
F2Words in Sch. 1 para. 1(h) substituted (28.2.2011 coming into force in accordance with art. 1) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Relevant Offences) (Modification) Order 2010 (S.S.I. 2010/246), arts. 1, 4
F3Sch. 1 para. 1(i)(ia) substituted for Sch. 1 para. 1(i) (28.2.2011 coming into force in accordance with art. 1) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Relevant Offences) (Modification) Order 2010 (S.S.I. 2010/246), arts. 1, 5
F4Sch. 1 para. 1(w)(zs) inserted (28.2.2011 coming into force in accordance with art. 1) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Relevant Offences) (Modification) Order 2010 (S.S.I. 2010/246), arts. 1, 6
Commencement Information
I1Sch. 1 para. 1 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
2SAn individual falls within this paragraph if the individual—
[F5(za)commits an offence of culpable homicide in relation to a child,]
(a)commits an offence under section 4(3) (offering or supplying controlled drugs) of the Misuse of Drugs Act 1971 (c. 38) in relation to a child,
[F6(aa)commits an offence under section 170 (penalty for fraudulent evasion of duty etc.) of the Customs and Excise Management Act 1979 (c.2) in relation to goods prohibited to be imported under section 42 (indecent or obscene articles) of the Customs Consolidation Act 1876 (c.36), if the prohibited goods included indecent photographs of persons under 16,]
(b)commits an offence under section 1 (incest) of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39) by having sexual intercourse with a child,
[F7(ba)commits an offence under section 2 (intercourse with a step-child) of that Act in relation to a child,]
(c)commits an offence under section 7 (procuring unlawful intercourse etc.) of that Act in relation to a child,
(d)commits an offence under section 11 (trading in prostitution and brothel-keeping) of that Act in relation to a child,
(e)commits an offence under section 13(6) (procuring commission of homosexual act between males) of that Act by procuring, or attempting to procure, a child to commit a homosexual act,
[F8(ea)commits an offence under section 83 (offence of ill treatment and wilful neglect) of the Adults with Incapacity (Scotland) Act 2000 (asp 4) in relation to a child,
(eb)commits an offence under section 311(1) and (2)(a) (non‑consensual sexual acts) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) in relation to a child where the conviction is in summary proceedings,
(ec)commits an offence under section 311(1) and 2(b) (non‑consensual sexual acts) of that Act in relation to a child,
(ed)commits an offence under section 313 (persons providing core services: sexual offences) of that Act in relation to a child,
(ee)commits an offence under section 315 (ill treatment and wilful neglect of mentally disordered person) of that Act in relation to a child,
(ef)commits an offence under section 4 (trafficking people for exploitation) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c.19) in relation to a child,
(eg)commits an offence under section 1 (offence of female genital mutilation) of the Prohibition of Female Genital Mutilation (Scotland) Act 2005 (asp 8) in relation to a child,
(eh)commits an offence under section 3 (aiding and abetting female genital mutilation) of that Act in relation to a child,
(ei)commits an offence under section 3(1) and 2(a) (sexual assault by penetration of the vagina, anus or mouth by any means) of the Sexual Offences (Scotland) Act 2009 (asp 9) in relation to a child where the conviction is in summary proceedings,
(ej)commits an offence under section 3(1) and (2)(b) to (e) (sexual assault) of that Act in relation to a child,
(ek)commits an offence under section 4 (sexual coercion) of that Act in relation to a child,
(el)commits an offence under section 5 (coercing a person into being present during a sexual activity) of that Act in relation to a child,
(em)commits an offence under section 6 (coercing a person into looking at a sexual image) of that Act in relation to a child,
(en)commits an offence under section 7 (communicating indecently etc.) of that Act in relation to a child,
(eo)commits an offence under section 8 (sexual exposure) of that Act in relation to a child,
(ep)commits an offence under section 9 (voyeurism) of that Act in relation to a child,
(eq)commits an offence under section 11 (administering a substance for sexual purposes) of that Act in relation to a child,
(er)commits an offence under section 46 (sexual abuse of trust of a mentally disordered person) of that Act in relation to a child.]
(f)commits any other offence which caused, or was intended to cause, bodily injury to a child,
(g)commits any other offence by engaging in lewd, indecent or libidinous practice or behaviour towards a child.
[F9(h)commits an offence in respect of attempting or conspiring to commit any offence referred to in this paragraph,
(i)commits an offence in respect of aiding and abetting, inciting, counselling or procuring any offence referred to in this paragraph, other than an offence referred to in sub-paragraph (eh),
(j)commits an offence in respect of attempting or conspiring to commit any offence listed in paragraphs 1, 2, 3, 5, 6, 7 or 8 of Schedule 1 to the Protection of Vulnerable Groups (Scotland) Act 2007 (Automatic Listing) (Specified Criteria) Order 2010 in relation to a child,
(k)commits an offence in respect of aiding and abetting, inciting, counselling or procuring any offence listed in paragraphs 1, 2, 3, 5, 6, 7 or 8 of Schedule 1 to the Protection of Vulnerable Groups (Scotland) Act 2007 (Automatic Listing) (Specified Criteria) Order 2010 in relation to a child,
(l)commits an offence in relation to a child which—
(i)is similar in nature to an offence referred to in this paragraph, and
(ii)was provided for in an enactment which is no longer in force or was an offence at common law which has been abolished by an enactment.]
Textual Amendments
F5Sch. 1 para. 2(za) inserted (28.2.2011 coming into force in accordance with art. 1) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Relevant Offences) (Modification) Order 2010 (S.S.I. 2010/246), arts. 1, 7
F6Sch. 1 para. 2(aa) inserted (28.2.2011 coming into force in accordance with art. 1) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Relevant Offences) (Modification) Order 2010 (S.S.I. 2010/246), arts. 1, 8
F7Sch. 1 para. 2(ba) inserted (28.2.2011 coming into force in accordance with art. 1) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Relevant Offences) (Modification) Order 2010 (S.S.I. 2010/246), arts. 1, 9
F8Sch. 1 para. 2(ea)(er) inserted (28.2.2011 coming into force in accordance with art. 1) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Relevant Offences) (Modification) Order 2010 (S.S.I. 2010/246), arts. 1, 10
F9Sch. 1 para. 2(h)(l) inserted (28.2.2011 coming into force in accordance with art. 1) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Relevant Offences) (Modification) Order 2010 (S.S.I. 2010/246), arts. 1, 11
Commencement Information
I2Sch. 1 para. 2 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
(introduced by section 91)
1SRegulated work with children is [F10 work done in Scotland ] in—
(a)a position whose normal duties include carrying out an activity mentioned in Part 2,
[F11(b)a position—
(i)which is not a position mentioned in sub-paragraph (a),
(ii)whose normal duties include work in an establishment mentioned in Part 3, and
(iii)which gives the holder of the position, when doing anything permitted or required in connection with the position, the opportunity to have unsupervised contact with children,]
(c)a position mentioned in Part 4, or
(d)a position whose normal duties include the day to day supervision or management of an individual doing regulated work with children by virtue of sub-paragraph (a) or (b).
Textual Amendments
F10Words in Sch. 2 para. 1 substituted (18.4.2010 for specified purposes, coming into force in accordance with art. 1(2)) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010 (S.S.I. 2010/446), arts. 1(2), 12
F11Sch. 2 para. 1(b) substituted (28.2.2011 coming into force in accordance with art. 1) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Modification of Regulated Work with Children) Order 2010 (S.S.I. 2010/240), arts. 1, 3
Commencement Information
I3Sch. 2 para. 1 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
[F121A.In this schedule—
“unsupervised contact with children” means contact with children in the absence of—
a responsible person,
a person carrying out an activity mentioned in paragraph 3, 4 or 5, or
an individual who, in relation to a child, has agreed to supervise the contact under arrangements made by the child’s parent or guardian or any person aged 18 or over with whom the child lives in the course of a family or personal relationship,
“responsible person” means, in relation to a child, any of the following persons—
the child’s parent or guardian,
any person aged 18 or over with whom the child lives,
the person in charge of any establishment mentioned in Part 3 in which the child is accommodated, is a patient or receives education (and any person acting on behalf of such a person),
a person who provides day care of children, within the meaning of section 2 of the 2001 Act,
any person holding a position mentioned in Part 4, and
any person holding a position in a children’s charity, within the meaning of paragraph 27,
“family relationship” and “personal relationship” have the meanings given in section 95.]
Textual Amendments
F12Sch. 2 para. 1A inserted (28.2.2011 coming into force in accordance with art. 1) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Modification of Regulated Work with Children) Order 2010 (S.S.I. 2010/240), arts. 1, 4
2SWork which would be regulated work with children by virtue of any of paragraphs 3 to 7 is not, despite those provisions, regulated work with children if—
(a)the activity concerned is carried out in relation to children aged 16 or 17 in the course of the children's work, or
(b)in the case of the activities referred to in paragraphs 5 and 6, the activity is carried out in relation to children under the age of 16 in the course of the children's employment.
Commencement Information
I4Sch. 2 para. 2 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
[F132A.Work which—
(a)consists of being a host parent (see paragraph 11A), but
(b)does not include carrying out any other activity mentioned in Part 2 otherwise than in connection with being a host parent,
is not regulated work with children for the purposes of sections 35 and 36.]
Textual Amendments
F13Sch. 2 para. 2A inserted (28.2.2011 coming into force in accordance with art. 1) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Modification of Regulated Work with Children) Order 2010 (S.S.I. 2010/240), arts. 1, 5
3SCaring for children (except caring for children which is merely incidental to caring for individuals who are not children).
Commencement Information
I5Sch. 2 para. 3 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
4STeaching, instructing, training or supervising children (except teaching, instructing, or training children which is merely incidental to teaching, instructing, or training individuals who are not children).
Commencement Information
I6Sch. 2 para. 4 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
5SBeing in sole charge of children.
Commencement Information
I7Sch. 2 para. 5 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
[F146SUnsupervised contact with children under arrangements made by a responsible person.]
Textual Amendments
F14Sch. 2 para. 6 substituted (28.2.2011 coming into force in accordance with art. 1) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Modification of Regulated Work with Children) Order 2010 (S.S.I. 2010/240), arts. 1, 6
Commencement Information
I8Sch. 2 para. 6 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
7SProviding advice or guidance to a child or to particular children which relates to physical or emotional well-being, education or training (except providing advice or guidance to a child or to particular children which is merely incidental to providing advice or guidance to individuals who are not children).
Commencement Information
I9Sch. 2 para. 7 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
8SModerating a public electronic interactive communication service which is intended for use wholly or mainly by children. A person moderates such a service if, for the purpose of protecting children, the person has any function relating to—
(a)monitoring the content of matter which forms any part of the service,
(b)removing matter from, or preventing the addition of matter to, the service, or
(c)controlling access to, or use of, the service.
But a person only moderates such a service as mentioned in sub-paragraph (b) or (c) if the person has—
(i)access to the content of the matter, or
(ii)contact with users of the service.
Commencement Information
I10Sch. 2 para. 8 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
9SProviding, or working for an organisation which provides, a care home service which is provided exclusively or mainly for children (but only if doing anything permitted or required in connection with the position gives the holder of the position the opportunity to have contact with children).“Care home service” has the same meaning as in [F15 schedule 12 to the 2010 Act ].
Textual Amendments
F15Words in Sch. 2 para. 9 substituted (1.10.2010 for specified purposes) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 35(b); S.S.I. 2010/321, art. 3, Sch.
Commencement Information
I11Sch. 2 para. 9 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
10SProviding, or working for an organisation which provides, an independent health care service which is provided exclusively or mainly for children (but only if doing anything permitted or required in connection with the position gives the holder of the position the opportunity to have contact with children).“Independent health care service” has the same meaning as in [F16 section 10F of the National Health Service (Scotland) Act 1978 (c. 29)].
Textual Amendments
F16Words in Sch. 2 para. 10 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. 17 para. 36(e); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.
Commencement Information
I12Sch. 2 para. 10 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
11SWork on any part of day care premises at times when children are being looked after in that part.“Day care premises” means premises at which day care of children, within the meaning of [F17 schedule 12 to the 2010 Act ], is provided.
Textual Amendments
F17Words in Sch. 2 para. 11 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. 35(c); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.
Commencement Information
I13Sch. 2 para. 11 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
[F1811A.Being a host parent.
A “host parent” is a person—
(a)who provides overnight accommodation for, or otherwise looks after, a child (as if the child were part of that person’s family) in connection with an organised activity in which the child is participating, but
(b)who is not responsible for looking after the child when the child is participating in that activity.]
Textual Amendments
F18Sch. 2 para. 11A inserted (28.2.2011 coming into force in accordance with art. 1) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Modification of Regulated Work with Children) Order 2010 (S.S.I. 2010/240), arts. 1, 7
12SAn institution which is exclusively or mainly for the detention of children.“Detention” means detention by virtue of an order of a court or under an enactment.
Commencement Information
I14Sch. 2 para. 12 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
13SA hospital which is exclusively or mainly for the reception and treatment of children.“Hospital” has the meaning given by section 108(1) (interpretation) of the National Health Service (Scotland) Act 1978 (c. 29).
Commencement Information
I15Sch. 2 para. 13 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
14SA school.
Commencement Information
I16Sch. 2 para. 14 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
15SA further education institution.“Further education institution” means a body listed under the heading “Institutions formerly eligible for funding by the Scottish Further Education Funding Council” in schedule 2 to the Further and Higher Education (Scotland) Act 2005 (asp 6).
Ministers may by order amend the definition of “further education institution” so as to include or exclude bodies listed in that schedule.
Commencement Information
I17Sch. 2 para. 15 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
16SA hostel used mainly by pupils attending a school or institution mentioned in paragraph 14 or 15 respectively.
Commencement Information
I18Sch. 2 para. 16 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
17SA home which is exclusively or mainly for children and is provided by a council under—
(a)section 59 (provision by councils of residential and other establishments) of the Social Work (Scotland) Act 1968 (c. 49), or
(b)section 25 (provision of care and support services by local authority) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13).
Commencement Information
I19Sch. 2 para. 17 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
18SManager, or member of a governing body, body of trustees or other body responsible for the management, of a school, further education institution or hostel mentioned in paragraphs 14 to 16 (but not a member of a council).
Commencement Information
I20Sch. 2 para. 18 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
19SMember of—
(a)a committee (including joint committee) of a council which is concerned with the provision of education, accommodation, social services or health care services to children,
(b)a sub-committee which discharges any functions of any such committee.
Commencement Information
I21Sch. 2 para. 19 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
20SMember of—
(a)a children's panel established by section 39(1) of the Children (Scotland) Act 1995 (c. 36),
(b)a Children's Panel Advisory Committee,
(c)a joint advisory committee established under paragraph 8(1) of Schedule 1 to that Act,
(d)a sub-committee which discharges any functions of any committee mentioned in sub-paragraph (b) or (c).
Commencement Information
I22Sch. 2 para. 20 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
21SChief social work officer of a council.
Commencement Information
I23Sch. 2 para. 21 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
22SChief education officer (however called) of a council.
Commencement Information
I24Sch. 2 para. 22 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
23SCommissioner for Children and Young People in Scotland.
Commencement Information
I25Sch. 2 para. 23 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
24SMember of that Commissioner's staff.
Commencement Information
I26Sch. 2 para. 24 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
25SRegistrar of Independent Schools in Scotland.
Commencement Information
I27Sch. 2 para. 25 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
26SFoster carer.
Commencement Information
I28Sch. 2 para. 26 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
Textual Amendments
F19Sch. 2 para. 27 substituted (28.2.2011 coming into force in accordance with art. 1) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Modification of Regulated Work with Children) Order 2010 (S.S.I. 2010/240), arts. 1, 8
27S“Children’s charity” means a charity whose—
(a)main purpose is to provide benefits for children, and
(b)principal means of delivery of those benefits is by its workers doing regulated work with children.
An individual works for a charity if the individual works under any arrangements made by the charity.
Commencement Information
I29Sch. 2 para. 27 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
28SMinisters may by order modify this schedule as they think appropriate.
Commencement Information
I30Sch. 2 para. 28 in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.
I31Sch. 2 para. 28 in force at 28.2.2011 in so far as not already in force by S.S.I. 2011/157, art. 2(a)
29SAn order under paragraph 28 may disapply or otherwise modify the application of sections 34 to 37 in relation to particular kinds of regulated work with children.
Commencement Information
I32Sch. 2 para. 29 in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.
I33Sch. 2 para. 29 in force at 28.2.2011 in so far as not already in force by S.S.I. 2011/157, art. 2(a)
(introduced by section 91)
Prospective
1SRegulated work with adults is [F20 work done in Scotland ] in—
(a)a position whose normal duties include carrying out an activity mentioned in Part 2,
[F21(b)a position—
(i) which is not a position mentioned in sub-paragraph (a),
(ii) whose normal duties include work in an establishment mentioned in Part 3,
(iii)which gives the holder of the position, when doing anything permitted or required in connection with the position, the opportunity to have unsupervised contact with protected adults, and
(iv)where contact with protected adults, when the holder of the position is doing anything permitted or required in connection with the position, is more than incidental,]
(c)a position mentioned in Part 4, or
(d)a position whose normal duties include the day to day supervision or management of an individual doing regulated work with adults by virtue of sub-paragraph (a) or (b).
[F22 " Unsupervised contact with protected adults ” means contact with protected adults in the absence of an individual doing regulated work within the establishment where the contact takes place. ]
Textual Amendments
F20Words in Sch. 3 para. 1 substituted (18.4.2010 for specified purposes, coming into force in accordance with art. 1(2)) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010 (S.S.I. 2010/446), arts. 1(2), 13
F21Sch. 3 para. 1(b) substituted (28.2.2011 coming into force in accordance with art. 1) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Modification of Regulated Work with Adults) Order 2010 (S.S.I. 2010/245), arts. 1, 3(a)
F22Words in Sch. 3 para. 1 inserted (28.2.2011 coming into force in accordance with art. 1) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Modification of Regulated Work with Adults) Order 2010 (S.S.I. 2010/245), arts. 1, 3(b)
2SCaring for protected adults (except caring for protected adults under the age of 18 which is merely incidental to caring for children generally).
Commencement Information
I34Sch. 3 para. 2 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
Prospective
3STeaching, instructing, training or supervising protected adults (except teaching, instructing, training or supervising protected adults which is merely incidental to teaching, instructing, training or supervising individuals who are not protected adults).
Prospective
4SBeing in sole charge of protected adults (except being in sole charge of protected adults which is merely incidental to being in sole charge of individuals who are not protected adults).
5SProviding assistance, advice or guidance to a protected adult or particular protected adults which relates to physical or emotional well-being, education or training (except providing assistance, advice or guidance to a protected adult or protected adults which is merely incidental to providing assistance, advice or guidance to individuals who are not protected adults).
Commencement Information
I35Sch. 3 para. 5 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
F236S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F23Sch. 3 para. 6 omitted (28.2.2011 coming into force in accordance with art. 1) by virtue of The Protection of Vulnerable Groups (Scotland) Act 2007 (Modification of Regulated Work with Adults) Order 2010 (S.S.I. 2010/245), arts. 1, 4
Textual Amendments
F24Words in Sch. 3 para. 7 crossheading 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. 36(c); S.S.I. 2010/321, art. 3, Sch.
F25Words in Sch. 3 para. 7 crossheading 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(g); S.S.I. 2010/321, art. 3, Sch.
7SInspecting adult care services (including inspecting any premises used for the purposes of providing such services) in pursuance of [F26 section 10J or 10M of the National Health Service (Scotland) Act 1978 (c. 29) or ] section 25 of the 2001 Act.
An “adult care service” is—
a support service,
an adult placement service,
a care home service,
a housing support service, or
an independent health care service which provides services of the type prescribed under [F27Part 5 of the 2010 Act],
not provided mainly or exclusively to children.
“Support service”, “adult placement service”, “care home service”, [F28 and ] “housing support service” F29... have the same meanings as in [F30 schedule 12 to the 2010 Act ] [F31; and “independent health care service” has the same meaning as in section 10F of the National Health Service (Scotland) Act 1978. ”].
Textual Amendments
F26Words in Sch. 3 para. 7 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. 17 para. 36(f)(i); S.S.I. 2010/321, art. 3, Sch.
F27Words in Sch. 3 para. 7 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. 36(b)(i); S.S.I. 2010/321, art. 3, Sch.
F28Word in Sch. 3 para. 7 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. 36(b)(ii); S.S.I. 2010/321, art. 3, Sch.
F29Words in Sch. 3 para. 7 repealed (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(f)(ii); S.S.I. 2010/321, art. 3, Sch.
F30Words in Sch. 3 para. 7 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. 36(b)(iii); S.S.I. 2010/321, art. 3, Sch.
F31Words in Sch. 3 para. 7 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(f)(iii); S.S.I. 2010/321, art. 3, Sch.
Commencement Information
I36Sch. 3 para. 7 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
8SA care home.“Care home” means accommodation occupied mainly or exclusively by individuals aged 16 or over which is provided by an organisation carrying on a care home service (within the meaning of the 2001 Act).
Commencement Information
I37Sch. 3 para. 8 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
9SA residential establishment or accommodation occupied exclusively or mainly by individuals aged 16 or over which is provided by, or the provision of which is secured by, a council under—
(a)the Social Work (Scotland) Act 1968 (c. 49), or
(b)section 25 (provision of care and support services by local authority) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13).
Commencement Information
I38Sch. 3 para. 9 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
10SMember of a committee (including joint committee) of a council which is concerned with the provision of education, accommodation, social services or health care services to protected adults. Any reference to a committee includes a reference to any sub-committee which discharges any functions of that committee.
Commencement Information
I39Sch. 3 para. 10 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
11SChief social work officer of a council.
Commencement Information
I40Sch. 3 para. 11 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
[F3212SCharity trustee of a charity whose—
(a)main purpose is to provide benefits for protected adults, and
(b)principal means of delivery of those benefits is by its workers doing regulated work with adults.
An individual works for a charity if the individual works under any arrangements made by the charity.]
Textual Amendments
F32Sch. 3 para. 12 substituted (28.2.2011 coming into force in accordance with art. 1) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Modification of Regulated Work with Adults) Order 2010 (S.S.I. 2010/245), arts. 1, 5
Commencement Information
I41Sch. 3 para. 12 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
13SMinisters may by order modify this schedule as they think appropriate.
Commencement Information
I42Sch. 3 para. 13 in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.
I43Sch. 3 para. 13 in force at 28.2.2011 in so far as not already in force by S.S.I. 2011/157, art. 2(a)
14SAn order under paragraph 13 may disapply or otherwise modify the application of sections 34 to 37 in relation to particular kinds of regulated work with adults.
Commencement Information
I44Sch. 3 para. 14 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
(introduced by section 88)
1SThe Teaching Council (Scotland) Act 1965 is amended as follows.
Commencement Information
I45Sch. 4 para. 1 in force at 1.9.2007 by S.S.I. 2007/385, art. 2, Sch.
F332S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F33Sch. 4 para. 2 repealed (18.4.2010 for specified purposes, coming into force in accordance with art. 1(2)) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010 (S.S.I. 2010/446), arts. 1(2), 21
Commencement Information
I46Sch. 4 para. 2 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
3SIn section 10B(1)(b)—
(a)paragraphs (i) to (iii), and
(b)the word “and” which follows those paragraphs,
are repealed.
Commencement Information
I47Sch. 4 para. 3 in force at 1.9.2007 by S.S.I. 2007/385, art. 2, Sch.
4SIn section 11(8), for the words from “such” to “but” substitute “ who has applied to be registered ”.
Commencement Information
I48Sch. 4 para. 4 in force at 1.9.2007 by S.S.I. 2007/385, art. 2, Sch.
5SThe Education (Scotland) Act 1980 is amended as follows.
Commencement Information
I49Sch. 4 para. 5 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
6SIn section 98A—
(a)in subsection (5)(a)(ii), for “disqualified from working with children” substitute “ barred from regulated work with children ”,
(b)in subsection (6), for the definition of “disqualified from working with children” substitute—
““barred from regulated work with children” shall be construed in accordance with the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14);”.
Commencement Information
I50Sch. 4 para. 6 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
7SIn section 99(1A)—
(a)in paragraph (g)(ii), for “disqualified from working with children” substitute “ barred from regulated work with children ”,
(b)in paragraph (h)(ii), for “disqualified from working with children” substitute “ barred from regulated work with children ”.
Commencement Information
I51Sch. 4 para. 7 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
8SIn section 135(1)—
(a)after the definition of “attendance order” insert—
““barred from regulated work with children” has the meaning given by section 98A(6) of this Act;”,
(b)the definition of “disqualified from working with children” is repealed.
Commencement Information
I52Sch. 4 para. 8 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
9SThe Foster Children (Scotland) Act 1984 is amended as follows.
Commencement Information
I53Sch. 4 para. 9 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
10SIn section 7, after subsection (2) insert—
“(3)A person who lives in the same premises as a barred person shall not maintain a foster child.
(4)In subsection (3) (and in section 15(2A)), “barred person” means a person who is barred from regulated work with children (within the meaning of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14)).”.
Commencement Information
I54Sch. 4 para. 10 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
11SIn section 15, after subsection (2) insert—
“(2A)A person shall not be guilty of an offence under subsection (1)(c) above in relation to a contravention of section 7(3) if the person proves that he did not know, and had no reasonable ground for believing, that any other person living in the premises in which the person lives was a barred person.”.
Commencement Information
I55Sch. 4 para. 11 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
12SIn section 21, before the definition of “care home service” insert—
““barred person” has the meaning given by section 7(4);”.
Commencement Information
I56Sch. 4 para. 12 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
13SThe 1995 Act is amended as follows.
Commencement Information
I57Sch. 4 para. 13 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 5(1))
14SIn section 106(1)—
(a)paragraphs (db) and (dc) are repealed,
(b)in paragraph (f), sub-paragraphs (ii) and (iii) are repealed.
Commencement Information
I58Sch. 4 para. 14 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 5(1))
15SIn section 110(1)(a), the words “, the proposal to make a reference was made” are repealed.
Commencement Information
I59Sch. 4 para. 15 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 5(1))
16SSection 111(3) is repealed.
Commencement Information
I60Sch. 4 para. 16 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 5(1))
17SIn section 116, for subsection (2) substitute—
“(2)A person who has appealed against both conviction and sentence (or, as the case may be, against both conviction and a decision mentioned in section 106(1)(bb) or both conviction and disposal and order) may abandon the appeal in so far as it is against conviction and may proceed with it against sentence (or, as the case may be, decision, disposal or order) alone.”.
Commencement Information
I61Sch. 4 para. 17 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 5(1))
18SIn section 118—
(a)in subsection (4), for the words “106(1)(ba), (bb), (c), (d), (da), (dc), (e) or (f)” substitute “ 106(1)(ba), (bb), (c), (d), (da), (e) or (f) ”,
(b)subsection (4AA) is repealed,
(c)in subsection (7)—
(i)the words “or, as the case may be,” at the end of paragraph (a), and
(ii)paragraph (b),
are repealed.
Commencement Information
I62Sch. 4 para. 18 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 5(1))
19SIn section 121A(1), the words “(other than an appeal under section 106(1)(db) or (dc))” are repealed.
Commencement Information
I63Sch. 4 para. 19 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 5(1))
20SIn section 173(2), the words “or (cb)” are repealed.
Commencement Information
I64Sch. 4 para. 20 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 5(1))
21SIn section 175—
(a)in subsection (2)—
(i)paragraph (cb)(but not the word “or” which appears immediately after that paragraph) is repealed,
(ii)in paragraph (d), sub-paragraphs (ii) and (iii) are repealed,
(b)in subsection (8), for the words from “under” to the end of paragraph (c) substitute “ against both conviction and sentence may abandon the appeal in so far as it is against conviction and may proceed with it against sentence alone, ”,
(c)in subsection (9), the words “or (cb)” are repealed.
Commencement Information
I65Sch. 4 para. 21 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 5(1))
22SSection 181(4) is repealed.
Commencement Information
I66Sch. 4 para. 22 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 5(1))
23SIn section 186—
(a)the words “or (cb)”, where they appear in subsections (1), (2), (9) and (10), are repealed,
(b)in subsection (2)(a)—
(i)at the end of sub-paragraph (i) insert “ or ”,
(ii)sub-paragraph (iii)(and the word “or” which immediately precedes it) are repealed.
Commencement Information
I67Sch. 4 para. 23 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 5(1))
24SIn section 187(1), the words “or (cb)” are repealed.
Commencement Information
I68Sch. 4 para. 24 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 5(1))
25SIn section 189—
(a)subsection (2A) is repealed,
(b)in subsection (7)(b)—
(i)the words “or, as the case may be,” at the end of paragraph (a), and
(ii)paragraph (b),
are repealed.
Commencement Information
I69Sch. 4 para. 25 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 5(1))
26SIn section 193A(1), the words “(other than by way of an appeal under section 175(2)(cb) of this Act against a reference only)” are repealed.
Commencement Information
I70Sch. 4 para. 26 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 5(1))
27SPart 5 of the 1997 Act is amended as follows.
Commencement Information
I71Sch. 4 para. 27 in force at 11.1.2008 for specified purposes by S.S.I. 2007/564, art. 2, Sch.
I72Sch. 4 para. 27 in force at 28.2.2011 in so far as not already in force by S.S.I. 2011/157, art. 2(a) (with art. 3)
28SIn section 113A, after subsection (5) insert—
“(5A)The Scottish Ministers need not issue a criminal record certificate under subsection (1) if the statement accompanying the application states that the purpose for which the certificate is required is the purpose mentioned in disclosure condition C (set out in section 55 of the Protection of Vulnerable Groups (Scotland) Act 2007) (asp 14)).”.
Commencement Information
I73Sch. 4 para. 28 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 3)
29SAfter section 113B insert—
(1)In such cases as are prescribed, an enhanced criminal record certificate must also include suitability information relating to children.
(2)Suitability information relating to children is—
(a)whether the applicant is barred from regulated work with children;
(b)if the applicant is barred from such activity, such details as are prescribed of the circumstances in which the applicant became barred;
(c)whether the Scottish Ministers are considering whether to list the individual in the children's list;
(d)whether the Independent Barring Board is considering whether to include the applicant in the children's barred list in pursuance of paragraph 3 or 5 of Schedule 3 to the Safeguarding Vulnerable Groups Act 2006.
(1)In such cases as are prescribed, an enhanced criminal record certificate must also include suitability information relating to protected adults.
(2)Suitability information relating to protected adults is—
(a)whether the applicant is barred from regulated work with adults;
(b)if the applicant is barred from such activity, such details as are prescribed of the circumstances in which the applicant became barred;
(c)whether the Scottish Ministers are considering whether to list the individual in the adults' list;
(d)whether the Independent Barring Board is considering whether to include the applicant in the adults' barred list in pursuance of paragraph 9 or 11 of Schedule 3 to the Safeguarding Vulnerable Groups Act 2006.
(1)The Scottish Ministers may by order made by statutory instrument—
(a)amend section 113CA for the purpose of altering the meaning of suitability information relating to children;
(b)amend section 113CB for the purpose of altering the meaning of suitability information relating to protected adults.
(2)Such an order is subject to annulment in pursuance of a resolution of the Scottish Parliament.
(3)Expressions used in sections 113CA and 113CB and in the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14) have the same meaning in those sections as in that Act, except that “prescribed” must be construed in accordance with section 125 of this Act.”.
Commencement Information
I74Sch. 4 para. 29 in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.
I75Sch. 4 para. 29 in force at 28.2.2011 in so far as not already in force by S.S.I. 2011/157, art. 2(a) (with art. 3)
30SSections 113C to 113F are repealed.
Commencement Information
I76Sch. 4 para. 30 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 3)
31SIn section 114—
(a)in subsection (2), for “a Minister of the Crown” substitute “ a person mentioned in subsection (2A) ”,
(b)after subsection (2) insert—
“(2A)Any of the following persons may make a statement for the purposes of subsection (2)—
(a)a Minister of the Crown;
(b)a member of the Scottish Executive;
(c)any other office-holder in the Scottish Administration; or
(d)a nominee of any person mentioned in paragraphs (a) to (c).”,
(c)in subsection (3), for “Sections 113A(3) to (6) and 113C to 113F” substitute “ Section 113A(3) to (6) ”.
Commencement Information
I77Sch. 4 para. 31 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 3)
32SIn section 116—
(a)in subsection (2), for “a Minister of the Crown, or a person nominated by a Minister of the Crown,” substitute “ a person mentioned in subsection (2A) ”,
(b)after subsection (2) insert—
“(2A)Any of the following persons may make a statement for the purposes of subsection (2)—
(a)a Minister of the Crown;
(b)a member of the Scottish Executive;
(c)any other office-holder in the Scottish Administration; or
(d)a nominee of any person mentioned in paragraphs (a) to (c).”,
(c)in subsection (3), for “113C to 113F” substitute “ 113CA to 113CC ”.
Commencement Information
I78Sch. 4 para. 32 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 3)
33SIn section 117, after subsection (2) insert—
“(3)An application under this section may, in particular, request a review of any information contained in a certificate by virtue of section 113B(4).
(4)The Scottish Ministers, on receiving such a request, must ask the chief officer of the relevant police force who provided that information to reconsider whether the chief officer still thinks that the information concerned might be relevant for the purpose in respect of which it was requested.”.
Commencement Information
I79Sch. 4 para. 33 in force at 11.1.2008 by S.S.I. 2007/564, art. 2, Sch.
34SIn section 118—
(a)in subsection (2A)(a), for “United Kingdom Passport Agency” substitute “ Identity and Passport Service ”,
(b)after subsection (2A) insert—
“(2B)The Scottish Ministers may require an applicant to have fingerprints taken under subsection (2) only if they are not satisfied by other evidence provided under subsection (1) as to the applicant's identity.”,
(c)for subsection (3) substitute—
“(3)The Scottish Ministers must arrange the destruction of any fingerprints taken in pursuance of subsection (2) as soon as reasonably practicable after they have been used for the purpose mentioned in subsection (1).”.
Commencement Information
I80Sch. 4 para. 34 in force at 11.1.2008 by S.S.I. 2007/564, art. 2, Sch.
35SIn section 119A(2), the words from “; and” to the end of the subsection are repealed.
Commencement Information
I81Sch. 4 para. 35 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 3)
36SIn section 120(5)(b) for the words from “countersign” to “113B” substitute “—
“(i)countersign applications under section 113A or 113B; or
(ii)make declarations in relation to disclosure requests made under section 52 or 53 of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14),”.
Commencement Information
I82Sch. 4 para. 36 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 4)
37SIn section 120A—
(a)in subsection (3)(b), for “included in any list mentioned in section 113C(3) or 113D(3)” substitute “ barred from regulated work with children or adults (within the meaning of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14)) ”,
(b)in subsection (4)(b)(iii), after “applications” insert “ , or the making of declarations, ”.
Commencement Information
I83Sch. 4 para. 37 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 4)
38SSection 121 is repealed.
Commencement Information
I84Sch. 4 para. 38 in force at 11.1.2008 by S.S.I. 2007/564, art. 2, Sch.
39SIn section 122—
(a)in subsection (3)—
(i)after “113B” insert “ , or make a disclosure under section 52 or 53 of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), ”,
(ii)after “application” insert “ or, as the case may be, made the declaration in relation to the disclosure request ”,
(iii)after “countersigned”, where it appears in paragraph (b), insert “ or, as the case may be, made the declaration ”,
(b)in subsection (4)(b)—
(i)the words after “person” become sub-paragraph (i), and
(ii)after that new sub-paragraph insert “; or
(ii)has made or is likely to make a declaration in relation to a disclosure request made under section 52 or 53 of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14)”.
Commencement Information
I85Sch. 4 para. 39 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 4)
40SBefore section 123 insert—
(1)The Scottish Ministers may, to such extent and subject to such conditions as they think appropriate, delegate any of their functions under this Part (other than excepted functions) to such person as they may determine.
(2)An excepted function is a function—
(a)relating to the making of regulations or orders;
(b)relating to the publishing or revising of a code of practice;
(c)relating to the laying of a code of practice before the Scottish Parliament;
(d)relating to the determination of an appropriate fee under section 113B(5A) or 119(3); or
(e)under section 125A.
(3)A delegation under subsection (1) may be varied or revoked at any time.
(4)No proceedings are competent against a person performing functions delegated under this section by reason of an inaccuracy in the information made available or provided to the person in accordance with section 119.”.
Commencement Information
I86Sch. 4 para. 40 in force at 11.1.2008 by S.S.I. 2007/564, art. 2, Sch.
41SIn section 126(1), after the definition of “Minister of the Crown” insert—
““office-holder in the Scottish Administration” has the same meaning as in the Scotland Act 1998 (c. 46);”.
Commencement Information
I87Sch. 4 para. 41 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 3)
42SThe whole Act (other than sections 13 and 16) is repealed.
Commencement Information
I88Sch. 4 para. 42 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
43SSection 24(1) of the Criminal Procedure (Amendment) (Scotland) Act 2004 is repealed.
Commencement Information
I89Sch. 4 para. 43 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 5(2))
44SParagraph 15 of schedule 4 to the Charities and Trustee Investment (Scotland) Act 2005 is repealed.
Commencement Information
I90Sch. 4 para. 44 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 5(2))
45SPart 2 of Schedule 2 to the Inquiries Act 2005 is repealed.
Commencement Information
I91Sch. 4 para. 45 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 5(2))
46SThe following provisions of the Police, Public Order and Criminal Justice (Scotland) Act 2006 are repealed—
(a)section 3(2)(d),
(b)section 3(8), and
(c)paragraph 14(2) of schedule 1.
Commencement Information
I92Sch. 4 para. 46 in force at 11.1.2008 by S.S.I. 2007/564, art. 2, Sch.
(introduced by section 97(6))
Commencement Information
I93Sch. 5 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
Expression | Interpretation provision |
---|---|
the 1995 Act | section 97(1) |
the 1997 Act | section 97(1) |
the 2001 Act | section 97(1) |
the adults' list | section 1(1)(b) |
barred from regulated work | section 92 |
care service | section 97(1) |
charity | section 97(1) |
charity trustees | section 97(1) |
chief constable | section 97(1) |
chief officer of a relevant police force | section 97(5) |
child | section 97(1) |
the children's list | section 1(1)(a) |
community care service | section 94(4) |
competent application for removal from the list | section 25(3) |
conduct | section 97(1) |
council | section 97(1) |
direct payment | section 94(4) |
disciplinary proceedings | section 97(1) |
disclosure condition | section 55 |
disclosure declaration | section 97(1) |
disclosure information | section 68(4) |
disclosure record | section 97(1) |
disclosure request | section 97(1) |
employment (and related words) | section 97(1) |
employment agency | section 97(1) |
employment business | section 97(1) |
exempted question | section 68(5) |
foster carer | section 96(1) |
harm | section 93(1) |
Health Board | section 97(1) |
Her Majesty's Inspectors of Schools | section 97(1) |
[F34 Independent Safeguarding Authority ], [F34 ISA ] | section 97(1) |
legal proceedings | section 97(1) |
listed, listing (and related words) | section 1 |
Ministers | section 97(1) |
new vetting information | section 47(4) |
organisation | section 97(1) |
permitted purpose | section 67(3) |
personal data holder | section 64(2) |
personnel supplier | section 97(1) |
placed at risk of harm | section 93(2) |
police authority | section 97(1) |
police force | section 97(1) |
prescribed | section 97(1) |
protected adult | section 94 |
referral ground | section 2 |
registrar of dentists and dental care professionals | section 97(1) |
Registrar of health professionals | section 97(1) |
Registrar of nurses and midwives | section 97(1) |
[F35 registrar of pharmacists ] | section 97(1) |
regulated work | section 91(1) |
regulated work with adults | section 91(3) |
regulated work with children | section 91(2) |
relevant finding of fact | section 17(5) |
relevant functions | section 8(3) |
relevant inquiry | section 31(2) |
relevant inquiry report | section 31(3) |
relevant offence | section 32 |
relevant police force | section 97(5) |
relevant regulatory body | section 30(7) |
Scheme | section 44 |
scheme member | section 45(2) |
scheme record | section 48 |
school | section 97(1) |
short scheme record | section 53(3) |
social work inspector | section 97(1) |
Special Health Board | section 97(1) |
staff transfer order | section 86(1) |
statement of scheme membership | section 46(2) |
type of regulated work | section 91(4) |
vetting information | section 49(1) |
work, worker, working | section 95 |
Textual Amendments
F34Words in Sch. 5 substituted (12.11.2009) by Policing and Crime Act 2009 (c. 26), ss. 81(2)(3)(n), 116(5)(a)
F35Words in Sch. 5 substituted (27.9.2010) by The Pharmacy Order 2010 (S.I. 2010/231), art. 1(5), Sch. 4 para. 16(d); S.I. 2010/1621, art. 2(1), Sch.
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