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Protection of Vulnerable Groups (Scotland) Act 2007
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Changes over time for: Section 70
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Changes to legislation:
Protection of Vulnerable Groups (Scotland) Act 2007, Section 70 is up to date with all changes known to be in force on or before 23 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.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 70:
- 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- sch. 2 para. 31(1) words repealed by 2024 asp 5 Sch.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- sch. 2 para. 31(1) words repealed by 2024 asp 5 Sch.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)
70FeesS
This section has no associated Explanatory Notes
(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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