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Protection of Vulnerable Groups (Scotland) Act 2007
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Protection of Vulnerable Groups (Scotland) Act 2007, Section 43 is up to date with all changes known to be in force on or before 26 November 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 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- sch. 2 para. 31(1) words repealed by 2024 asp 5 Sch.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)
43Transfer from 2003 Act listS
This section has no associated Explanatory Notes
(1)Ministers must list in the children's list each individual who was included (otherwise than provisionally) in the list kept under section 1 of the Protection of Children (Scotland) Act 2003 (asp 5) (“the 2003 Act”) immediately before that section was repealed.
(2)Ministers must give notice of listing under subsection (1) to each individual listed under that subsection.
(3)An individual who is listed under subsection (1) is to be treated for the purposes of this Act as having been so listed—
(a)under the provision of this Part which most closely corresponds to the provision in the 2003 Act under which the individual was included in the list kept under section 1 of that Act, and
(b)on the day on which the individual was included in the list kept under section 1 of the 2003 Act.
(4)The provisions of this Part are accordingly to apply in relation to such an individual with any necessary modifications.
(5)Section 29(1)(b) is not to be read as requiring or authorising Ministers to remove such an individual from the children's list where it appears to them that the individual—
(a)would not have been listed under the provision of this Part which most closely corresponds to the provision in the 2003 Act under which the individual was included in the list kept under section 1 of the 2003 Act, but
(b)should have been included in the list kept under the 2003 Act under the provision of that Act which corresponds most closely with the provision of this Part under which the individual is to be treated as having been listed.
(6)A notice required by subsection (2) may be given—
(a)by delivering it to the listed individual,
(b)by leaving it at the listed individual's usual or last known place of abode, or
(c)by sending it by post to the listed individual at that place.
Commencement Information
I1S. 43 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
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