The Protection of Vulnerable Groups (Scotland) Act 2007 (Savings and Transitional Provisions) Order 2010

Transitional provision relating to references under sections 2(1) or 4(1) of the 2003 Act

3.—(1) Paragraph (2) applies where prior to the relevant date—

(a) Ministers have received a reference under section 2(1) or 4(1) of the 2003 Act, as the case may be; and

(b) Ministers have not commenced their consideration of that reference under section 5 (inclusion in the list following referral under section 2(1) or 4(1)) of the 2003 Act.

(2) Where this paragraph applies—

(a) a reference under section 2 (reference following disciplinary action etc.) of the 2003 Act is to be treated for all purposes as if prescribed information had been given to Ministers under section 3 (reference following disciplinary action etc.), section 4 (reference by employment agency) or section 5 (reference by employment business) of the Act, whichever corresponds most closely to the reference under the 2003 Act; and

(b) a reference under section 4 (reference by certain other persons) of the 2003 Act is to be treated for all purposes as if prescribed information had been given to Ministers under section 8 (reference by certain other persons) of the Act.