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

Amendment of section 40 (restrictions on listing in adults’ list) of the 2007 Act

8.—(1) Section 40 (restrictions on listing in adults’ 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(2) In subsection (1), the words from “by” to the end of the subsection are repealed.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(b) paragraphs (a) and (b) are repealed.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 adults’ 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 adults’ list under section 14.

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

(a) Part 7 of the Care Standards Act 2000 (c.14),

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

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

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