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Protection of Vulnerable Groups (Scotland) Act 2007
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Changes over time for: Section 51
Changes to legislation:
Protection of Vulnerable Groups (Scotland) Act 2007, Section 51 is up to date with all changes known to be in force on or before 16 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- sch. 2 para. 31(1) words repealed by 2024 asp 5 Sch.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)
51Correction of inaccurate scheme recordS
This section has no associated Explanatory Notes
(1)Ministers must correct a scheme record if they are satisfied (following a request by a scheme member for correction, notification under section 50 [F1or a review under section 21 of the Disclosure (Scotland) Act 2020,] or otherwise) that any information included in it is inaccurate.
[F2(2)After correcting an inaccurate scheme record, Ministers must disclose the corrected information to—
(a)the scheme member, and
(b)any organisation for which they know the scheme member is doing regulated work.
(3)Subsection (2) applies only if Ministers have previously disclosed the inaccurate information under this Part to the scheme member or, as the case may be, the organisation.
(4)[F3Subject to subsection (4A),] a scheme member may, in particular, request a review of any information included in a scheme record by virtue of section 49(1)(c).
[F4(4A)But a scheme member may not request a review of information included in a scheme record by virtue of section 49(1)(c) which was or could have been the subject of an appeal under section 20 of the Age of Criminal Responsibility (Scotland) Act 2019.]
[F5(5)Ministers, on receiving [F6a request mentioned in subsection (4)], must ask the chief officer of the relevant police force who provided that information to reconsider whether—
(a)the chief officer still reasonably believes that information to be relevant in relation to the type of regulated work in relation to which the scheme member participates in the Scheme, and
(b)in the chief officer’s opinion, that information still ought to be included in the scheme member’s scheme record.]
(6)Information which was considered accurate when included in a scheme record but which—
(a)is subsequently found to have always been inaccurate, or
(b)subsequently becomes inaccurate for any reason,
is to be regarded as being inaccurate information for the purposes of this section.
[F7(7)This section does not apply to vetting information included in a scheme record which could be the subject of an application under section 52A(2).]]
Textual Amendments
F1Words in s. 51(1) inserted (30.9.2024 for specified purposes) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 5(4)(a) (with s. 96); S.S.I. 2024/242, reg. 2, sch.
F2S. 51(2)-(7) repealed (30.9.2024 for specified purposes) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 5(4)(b) (with s. 96); S.S.I. 2024/242, reg. 2, sch.
F3Words in s. 51(4) inserted (30.11.2020) by Age of Criminal Responsibility (Scotland) Act 2019 (asp 7), ss. 25(4)(a), 84(2); S.S.I. 2020/369, reg. 2, sch.
F4S. 51(4A) inserted (30.11.2020) by Age of Criminal Responsibility (Scotland) Act 2019 (asp 7), ss. 25(4)(b), 84(2); S.S.I. 2020/369, reg. 2, sch.
F5S. 51(5) substituted (8.2.2016) by The Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 Remedial (No. 2) Order 2015 (S.S.I. 2015/423), arts. 1(2), 4(4)(a) (with arts. 5-10)
F6Words in s. 51(5) substituted (30.11.2020) by Age of Criminal Responsibility (Scotland) Act 2019 (asp 7), ss. 25(4)(c), 84(2); S.S.I. 2020/369, reg. 2, sch.
F7S. 51(7) inserted (10.9.2015) by The Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 Remedial Order 2015 (S.S.I. 2015/330), arts. 1(2), 4(4)(b) (with arts. 5-10) which S.S.I. is revoked and s. 51(7) inserted (8.2.2016) by The Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 Remedial (No. 2) Order 2015 (S.S.I. 2015/423), arts. 1(2), 4(4)(b) (with arts. 5-10)
Modifications etc. (not altering text)
C1Pt. 2 modified (28.2.2011) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Consequential Provisions) Order 2010 (S.I. 2010/2660), arts. 1, 22
C2Pt. 2 modified (28.2.2011) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Consequential Provisions) Order 2010 (S.I. 2010/2660), arts. 1, 21
Commencement Information
I1S. 51 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
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