Protection of Vulnerable Groups (Scotland) Act 2007, Section 70 is up to date with all changes known to be in force on or before 03 March 2025. 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.
(1)Ministers may charge such fee as may be prescribed—
(a)in respect of applications to join, or to be removed from, the Scheme [F1or to renew membership of the Scheme],
(b)in respect of [F2disclosure requests] [F2requests for confirmations of scheme membership under section 54], and
(c)otherwise in respect of the performance of their functions under this Part.
(2)Regulations may, in particular, provide for—
(a)different fees in different circumstances,
(b)annual or other recurring fees in respect of participation in the Scheme,
(c)reduction, waiver or refund of fees in prescribed circumstances.
[F3(d)the manner in which fees are to be paid.]
(3)Before prescribing fees under this section, Ministers must have regard to—
(a)the circumstances in which those fees are payable, and
(b)the desirability of maintaining an appropriate balance among—
(i)the quality of the performance of their vetting, barring and disclosure functions,
(ii)the cost of that performance, and
(iii)the fees paid to them in respect of that performance.
(4)Where regulations provide for a fee to be charged in respect of—
(a)an application to join, or to be removed from, the Scheme [F4or to renew membership of the Scheme,], or
(b)a [F5disclosure request] [F5request for confirmation of scheme membership under section 54],
Ministers need not consider the application or request unless the fee is paid [F6in the manner provided for in the regulations].
Textual Amendments
F1Words in s. 70(1)(a) inserted (30.9.2024 for specified purposes) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(41)(a)(i) (with s. 96); S.S.I. 2024/242, reg. 2, sch.
F2Words in s. 70(1)(b) substituted (30.9.2024 for specified purposes) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(41)(a)(ii) (with s. 96); S.S.I. 2024/242, reg. 2, sch.
F3S. 70(2)(d) inserted (30.9.2024 for specified purposes) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(41)(b) (with s. 96); S.S.I. 2024/242, reg. 2, sch.
F4Words in s. 70(4)(a) inserted (30.9.2024 for specified purposes) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(41)(c)(i) (with s. 96); S.S.I. 2024/242, reg. 2, sch.
F5Words in s. 70(4)(b) substituted (30.9.2024 for specified purposes) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(41)(c)(ii) (with s. 96); S.S.I. 2024/242, reg. 2, sch.
F6Words in s. 70(4)(b) inserted (30.9.2024 for specified purposes) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(41)(c)(iii) (with s. 96); S.S.I. 2024/242, reg. 2, sch.
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. 70(1)-(3) in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.
I2S. 70(1)-(3) in force at 28.2.2011 in so far as not already in force by S.S.I. 2011/157, art. 2(a)
I3S. 70(4) in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
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