The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009

PART 2 Amendments to Acts of the Scottish Parliament

Amendment of the Criminal Justice (Scotland) Act 2003

11.  In section 21 of the Criminal Justice (Scotland) Act 2003(1) (sexual and certain other offences: reports), in subsection (2)(b), for “a chartered clinical psychologist or chartered forensic psychologist (that is to say from a person for the time being so described in the British Psychological Society’s Register of Chartered Psychologists)” substitute “a registered psychologist (that is to say from a person for the time being registered in the part of the register maintained under the Health Professions Order 2001 that relates to practitioner psychologists)”.

Amendment of the Protection of Vulnerable Groups (Scotland) Act 2007

12.  After section 30 of the Protection of Vulnerable Groups (Scotland) Act 2007(2) (notice of listing etc.), insert the following section—

“Notification of health regulatory bodies etc.

30A.— (1) Where section 30(2) applies, Ministers must notify any relevant health regulatory body whom they think it would be appropriate to notify of the fact—

(a) that the individual has been barred from doing regulated work with children or adults, or, as the case may be,

(b) that they are considering whether to list the individual.

(2) Where, after considering whether to list an individual, Ministers decide not to do so, they must give notice of that fact to any relevant health regulatory body to whom they gave notice under subsection (1)(b).

(3) A notice given under subsection (1) or (2) may include—

(a) such details as Ministers think appropriate—

(i) where the individual has been barred (by being listed or otherwise), about the circumstances in which the individual was barred,

(ii) where they have decided not to list an individual, about the circumstances in which the individual was considered for listing, and

(b) any other information about the individual which Ministers think appropriate.

(4) Where Ministers remove an individual from a list under section 29, they must give notice of that fact to any relevant health regulatory body whom they think it would be appropriate to notify of that fact (having regard to the period for which the individual has been listed).

(5) The following are “relevant health regulatory bodies”—

• the General Chiropractic Council

• the General Dental Council

• the General Medical Council

• the General Optical Council

• the General Osteopathic Council

• the Health Professions Council

• the Nursing and Midwifery Council

• the Pharmaceutical Society of Northern Ireland

• the Royal Pharmaceutical Society of Great Britain.”

(1)

2003 asp 7.

(2)

2007 asp 14.