Search Legislation

Protection of Vulnerable Groups (Scotland) Act 2007

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

Protection of Vulnerable Groups (Scotland) Act 2007, Cross Heading: Supplementary is up to date with all changes known to be in force on or before 29 March 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. Help about Changes to Legislation

Close

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.

View outstanding changes

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):

SupplementaryS

73Consideration of suitabilityS

References in this Part to a person (“A”) considering an individual's suitability to do, or to be offered or supplied for, any type of regulated work are references to A considering the individual's suitability—

(a)to do that type of regulated work for A,

(b)to be supplied by A to do that type of regulated work for another person,

(c)to be a teacher (for the purposes of [F1 registration under the Public Services Reform (General Teaching Council for Scotland) Order 2011 ])),

(d)to provide or manage a care service (for the purposes of the [F2 Part 5 of the 2010 Act ]),

(e)to be registered under Part 3 (registration of social workers etc.) of the 2001 Act,

(f)to foster a child (for the purposes of any regulations made under section 5(2) of the Social Work (Scotland) Act 1968 (c. 49)), or

(g)for any other prescribed purpose.

Textual Amendments

F2Words in s. 73(d) substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 32; S.S.I. 2010/321, art. 3, Sch.

Modifications etc. (not altering text)

Commencement Information

I1S. 73(a)-(f) in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

I2S. 73(g) in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.

I3S. 73(g) in force at 28.2.2011 in so far as not already in force by S.S.I. 2011/157, art. 2(a)

74Delegation of vetting and disclosure functionsS

(1)Ministers may, to such extent and subject to such conditions as they think appropriate, delegate any of their functions under this Part (other than excepted functions) to such person as they may determine.

(2)An excepted function is a function—

(a)relating to the making of regulations or orders,

(b)under section 71, or

(c)relating to the determination of an appropriate fee under section 75(4).

(3)A delegation under subsection (1) may be varied or revoked at any time.

(4)No proceedings are competent against a person performing functions delegated under this section by reason of an inaccuracy in the information made available or provided to the person in accordance with section 63(4) or 75.

Commencement Information

I4S. 74 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

75Sources of informationS

(1)Any person who holds records of convictions, cautions or other information for the use of police forces generally must make those records available to Ministers for the purposes of enabling or assisting them to perform their functions under this Part.

(2)[F3 The chief constable] must, as soon as practicable, comply with a request by Ministers to provide them with information of the type described in section 49(1)(c) for the purposes of enabling or assisting them to perform their functions under this Part.

[F4(2A)But the chief constable may provide information under subsection (2) relating to a time when the scheme member was under 12 years of age only where—

(a)the independent reviewer determines, on a review under section 18 of the Age of Criminal Responsibility (Scotland) Act 2019, that the information ought to be included in the scheme member's scheme record and—

(i)no appeal under section 20 of that Act is taken, or

(ii)such an appeal having been taken, the sheriff confirms the determination under section 20(3)(a), or

(b)the sheriff, on an appeal under section 20, determines under section 20(3)(b) that the information ought to be included in the scheme member's scheme record.]

(3)[F5The chief constable] must not provide information to Ministers under subsection (2) if the [F6 chief constable ] thinks that disclosing that information to the individual to whom it relates would be contrary to the interests of the prevention or detection of crime.

(4)Ministers must pay the [F7 Scottish Police Authority ] such fee as Ministers think appropriate for information provided under subsection (2).

(5)No proceedings are competent against Ministers by reason of an inaccuracy in the information made available or provided to them in accordance with this section or section 63(4) [F8 (or in pursuance of any other power or duty to provide information to Ministers in relation to their functions under this Part)].

[F9(6)In this section, “independent reviewer” means the independent reviewer appointed under section 12 of the Age of Criminal Responsibility (Scotland) Act 2019.]

Textual Amendments

F3Words in s. 75(2) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 36(4)(a); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F5Words in s. 75(3) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 36(4)(b)(i); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F6Words in s. 75(3) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 36(4)(b)(ii); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F7Words in s. 75(4) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 36(4)(c); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F8Words in s. 75(5) inserted (18.4.2010 for specified purposes, coming into force in accordance with art. 1(2)) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010 (S.S.I. 2010/446), arts. 1(2), 10(5)

Commencement Information

I5S. 75 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

76Police access to scheme informationS

(1)Ministers must make available to [F10the chief constable]

(a)the name of each individual participating in the Scheme,

(b)confirmation of whether each such individual participates in the Scheme in relation to regulated work with—

(i)children,

(ii)adults, or

(iii)both, and

(c)any other information held by Ministers by virtue of their administration of the Scheme which Ministers consider would enable or assist [F11 constables of the Police Service of Scotland ] to satisfy themselves as to the identity of such individuals.

(2)Information disclosed under subsection (1) may be used by [F12constables of the Police Service of Scotland] only for [F13

(a)the performance of the chief constable's functions under this Part, or

(b)the law enforcement purposes within the meaning of section 31 of the Data Protection Act 2018].

Textual Amendments

F10Words in s. 76(1) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 36(5)(a)(i); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F11Words in s. 76(1)(c) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 36(5)(a)(ii); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F12Words in s. 76(2) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 36(5)(b); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

Commencement Information

I6S. 76 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

77Statements of scheme membership: disclosure of whether individual under consideration for listingS

(1)Despite section 46(2)(c), a statement of scheme membership must not disclose whether Ministers are considering whether to list an individual if Ministers have not made a decision under section 15 or, as the case may be, 16 within the relevant period.

(2)The relevant period is—

(a)where the information which caused Ministers to consider whether to list the individual is the subject of legal or disciplinary proceedings, the period of 6 months which begins on the date on which the proceedings are finally determined,

(b)in any other case, the period of 6 months which begins on the date on which Ministers made a decision under section 10, 11, 12 or 13 to consider whether to list the individual, or

(c)where either of the periods mentioned in paragraphs (a) and (b) is extended under subsection (3), the extended period.

(3)The sheriff may, on an application by Ministers and on cause shown, extend the period mentioned in paragraph (a) or (b) of subsection (2) (or, as the case may be, that period as previously extended under this subsection).

(4)A period may not be extended (or further extended) under subsection (3) for a period of longer than 6 months beginning with the date on which the extension (or further extension) is granted.

(5)An application under subsection (3) must be made before the expiry of the relevant period.

(6)Where an application under subsection (3) is made, the relevant period is to be treated for the purposes of subsection (1) as not having expired until the application is determined.

(7)The sheriff may, on cause shown, dispense with any requirement—

(a)to intimate an application under subsection (3) to the individual,

(b)to notify the individual of any interlocutor relating to the application.

(8)For the purposes of subsection (5), an application is made when it is lodged with the sheriff clerk.

(9)Any court proceedings under subsection (3) may take place in private if the sheriff considers it appropriate in all the circumstances.

(10)For the purposes of subsection (2)(a), proceedings are finally determined when—

(a)the proceedings are terminated or abandoned without a decision being made,

(b)a decision is made against which no appeal lies, or

(c)where a decision is made which may be appealed, the period during which an appeal (other than an appeal which need not be timeous) may be brought expires without an appeal being brought.

(11)For the purposes of subsection (10), an appeal which need not be timeous is—

(a)an appeal under Part 8 (appeals from solemn proceedings) of the 1995 Act in relation to which the High Court must, if the appeal is to be competent, extend the time within which intimation of intention to appeal or note of appeal or both may be given,

(b)an appeal under Part 10 (appeals from summary proceedings) of the 1995 Act in relation to which the High Court must, if the appeal is to be competent, extend the time within which an application for a stated case may be made, or

(c)an appeal under section 191 (appeal by suspension on ground of miscarriage of justice) of the 1995 Act.

Modifications etc. (not altering text)

Commencement Information

I7S. 77 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources