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Protection of Vulnerable Groups (Scotland) Act 2007
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Changes to legislation:
Protection of Vulnerable Groups (Scotland) Act 2007, Section 3 is up to date with all changes known to be in force on or before 21 December 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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Changes and effects yet to be applied to Section 3:
- s. 3(1) words substituted by 2020 asp 13 sch. 5 para. 10(3)(a)(i)
- s. 3(1)(a)(ii) word substituted by 2020 asp 13 sch. 5 para. 10(3)(a)(ii)
- s. 3(1)(b)(i) words substituted by 2020 asp 13 sch. 5 para. 10(3)(a)(iii)
- s. 3(2) words substituted by 2020 asp 13 sch. 5 para. 10(3)(b)(i)
- s. 3(2)(a) words substituted by 2020 asp 13 sch. 5 para. 10(3)(b)(ii)
- s. 3(2)(b) words substituted by 2020 asp 13 sch. 5 para. 10(3)(b)(iii)
- s. 3(2)(c)(ii) words substituted by 2020 asp 13 sch. 5 para. 10(3)(b)(iv)
- s. 3(3)(a) words substituted by 2020 asp 13 sch. 5 para. 10(3)(c)(i)
- s. 3(3)(b) word substituted by 2020 asp 13 sch. 5 para. 10(3)(c)(ii)
- s. 13A-13C inserted by 2020 asp 13 s. 76(2)
- s. 30(3A)-(3C) inserted by 2020 asp 13 s. 77(3)
- s. 45A inserted by 2020 asp 13 s. 71
- s. 45B inserted by 2020 asp 13 s. 72
- s. 45H inserted by 2020 asp 13 s. 88(3)
- s. 46A inserted by 2020 asp 13 s. 79
- s. 77(1A) inserted by 2020 asp 13 sch. 5 para. 10(46)(b)
- sch. 2 para. 31(1) words repealed by 2024 asp 5 Sch. para. 25(2)(a)(i)
- sch. 2 para. 31 words substituted by 2024 asp 5 Sch. para. 25(2)(b)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 13A-13C inserted by 2020 asp 13 s. 76(2)
- s. 30(3A)-(3C) inserted by 2020 asp 13 s. 77(3)
- s. 45A inserted by 2020 asp 13 s. 71
- s. 45B inserted by 2020 asp 13 s. 72
- s. 45H inserted by 2020 asp 13 s. 88(3)
- s. 46A inserted by 2020 asp 13 s. 79
- s. 77(1A) inserted by 2020 asp 13 sch. 5 para. 10(46)(b)
- sch. 2 para. 31(1) words repealed by 2024 asp 5 Sch. para. 25(2)(a)(i)
- sch. 2 para. 31 words substituted by 2024 asp 5 Sch. para. 25(2)(b)
3Reference following disciplinary action etc.S
This section has no associated Explanatory Notes
(1)An organisation must give Ministers any prescribed information which it holds in relation to an individual who is or has been doing regulated work if—
(a)it has, on the referral ground—
(i)dismissed the individual, or
(ii)transferred the individual to a position which does not involve that type of regulated work, or
(b)it would or might have dismissed or so transferred the individual on the referral ground if the individual had not—
(i)otherwise stopped doing regulated work, or
(ii)been working for the organisation for a fixed term.
(2)An organisation must give Ministers any prescribed information which it holds in relation to an individual who has been doing regulated work if—
(a)the individual stops doing the regulated work in circumstances not falling within subsection (1),
(b)the organisation subsequently becomes aware of information which it was unaware of when the individual stopped doing regulated work, and
(c)the organisation considers that, if—
(i)it had been aware of that information at that time, and
(ii)the individual had not stopped doing regulated work,
it would or might have dismissed the individual on the referral ground.
(3)In subsections (1) and (2)—
(a)an individual suspended from regulated work is not to be treated as having stopped doing that work, and
(b)the duty to give Ministers information in relation to the temporary transfer of an individual to another position applies only if the organisation subsequently makes a final decision not to permit the individual to resume the type of regulated work from which the individual was transferred.
(4)This section does not apply to personnel suppliers (see sections 4 and 5).
Commencement Information
I1S. 3(1)(2) in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.
I2S. 3(1)(2) in force at 28.2.2011 in so far as not already in force by S.S.I. 2011/157, art. 2(a)
I3S. 3(3)(4) in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
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