The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010

Amendment of section 39 (restrictions on listing in children’s list) of the 2007 Act

7.—(1) Section 39 (restrictions on listing in children’s list) of the 2007 Act is amended as follows.

(2) In subsection (1), the words from “by” to the end of the subsection are repealed.

(3) In subsection (2)(a), for “considered” substitute “dealt with”.

(4) In subsection (3)—

(a) for paragraph (a) substitute—

“(a) the individual’s case has been dealt with in pursuance of relevant corresponding legislation, and”; and

(b) in paragraph (b), for “by ISA before it made its decision” substitute “before, or when, the individual’s case was last dealt with in pursuance of the relevant corresponding legislation”.

(5) In subsection (4)(b), for “considers” substitute “deals with”.

(6) In subsection (5)—

(a) after “if” insert “they consider that it would be more appropriate for the individual’s case to be dealt with by ISA.”; and

(b) paragraphs (a) and (b) are repealed.

(7) After subsection (5) insert—

“(6) Where—

(a) in pursuance of subsection (5), Ministers do not list an individual in the children’s list under section 14, and

(b) ISA deals with the individual’s case,

section 30 applies (with any necessary modifications) as if Ministers had listed the individual in the children’s list under section 14.

(7) In this section “relevant corresponding legislation” means—

(a) the Protection of Children Act 1999 (c.14),

(b) the Criminal Justice and Court Services Act 2000 (c.43),

(c) sections 142 to 144 of the Education Act 2002 (c.32),

(d) the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003,

(e) the Safeguarding Vulnerable Groups Act 2006 (c.47),

(f) regulations made under Article 70(1) and (2)(e) or 88A(1) and (2)(b) of the Education and Libraries (Northern Ireland) Order 1986,

(g) the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007.”.