Protection of Vulnerable Groups (Scotland) Act 2007

Valid from 28/02/2011

F12S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Valid from 28/02/2011

Education (Scotland) Act 1980 (c. 44)S

5SThe Education (Scotland) Act 1980 is amended as follows.

6SIn section 98A—

(a)in subsection (5)(a)(ii), for “disqualified from working with children” substitute “ barred from regulated work with children ”,

(b)in subsection (6), for the definition of “disqualified from working with children” substitute—

““barred from regulated work with children” shall be construed in accordance with the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14);”.

7SIn section 99(1A)—

(a)in paragraph (g)(ii), for “disqualified from working with children” substitute “ barred from regulated work with children ”,

(b)in paragraph (h)(ii), for “disqualified from working with children” substitute “ barred from regulated work with children ”.

8SIn section 135(1)—

(a)after the definition of “attendance order” insert—

““barred from regulated work with children” has the meaning given by section 98A(6) of this Act;”,

(b)the definition of “disqualified from working with children” is repealed.

Valid from 28/02/2011

Foster Children (Scotland) Act 1984 (c. 56)S

9SThe Foster Children (Scotland) Act 1984 is amended as follows.

10SIn section 7, after subsection (2) insert—

“(3)A person who lives in the same premises as a barred person shall not maintain a foster child.

(4)In subsection (3) (and in section 15(2A)), “barred person” means a person who is barred from regulated work with children (within the meaning of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14)).”.

11SIn section 15, after subsection (2) insert—

“(2A)A person shall not be guilty of an offence under subsection (1)(c) above in relation to a contravention of section 7(3) if the person proves that he did not know, and had no reasonable ground for believing, that any other person living in the premises in which the person lives was a barred person.”.

12SIn section 21, before the definition of “care home service” insert—

““barred person” has the meaning given by section 7(4);”.

Valid from 28/02/2011

Criminal Procedure (Scotland) Act 1995 (c. 46)S

13SThe 1995 Act is amended as follows.

14SIn section 106(1)—

(a)paragraphs (db) and (dc) are repealed,

(b)in paragraph (f), sub-paragraphs (ii) and (iii) are repealed.

15SIn section 110(1)(a), the words “, the proposal to make a reference was made” are repealed.

16SSection 111(3) is repealed.

17SIn section 116, for subsection (2) substitute—

“(2)A person who has appealed against both conviction and sentence (or, as the case may be, against both conviction and a decision mentioned in section 106(1)(bb) or both conviction and disposal and order) may abandon the appeal in so far as it is against conviction and may proceed with it against sentence (or, as the case may be, decision, disposal or order) alone.”.

18SIn section 118—

(a)in subsection (4), for the words “106(1)(ba), (bb), (c), (d), (da), (dc), (e) or (f)” substitute “ 106(1)(ba), (bb), (c), (d), (da), (e) or (f) ”,

(b)subsection (4AA) is repealed,

(c)in subsection (7)—

(i)the words “or, as the case may be,” at the end of paragraph (a), and

(ii)paragraph (b),

are repealed.

19SIn section 121A(1), the words “(other than an appeal under section 106(1)(db) or (dc))” are repealed.

20SIn section 173(2), the words “or (cb)” are repealed.

21SIn section 175—

(a)in subsection (2)—

(i)paragraph (cb)(but not the word “or” which appears immediately after that paragraph) is repealed,

(ii)in paragraph (d), sub-paragraphs (ii) and (iii) are repealed,

(b)in subsection (8), for the words from “under” to the end of paragraph (c) substitute “ against both conviction and sentence may abandon the appeal in so far as it is against conviction and may proceed with it against sentence alone, ”,

(c)in subsection (9), the words “or (cb)” are repealed.

22SSection 181(4) is repealed.

23SIn section 186—

(a)the words “or (cb)”, where they appear in subsections (1), (2), (9) and (10), are repealed,

(b)in subsection (2)(a)—

(i)at the end of sub-paragraph (i) insert “ or ”,

(ii)sub-paragraph (iii)(and the word “or” which immediately precedes it) are repealed.

24SIn section 187(1), the words “or (cb)” are repealed.

25SIn section 189—

(a)subsection (2A) is repealed,

(b)in subsection (7)(b)—

(i)the words “or, as the case may be,” at the end of paragraph (a), and

(ii)paragraph (b),

are repealed.

26SIn section 193A(1), the words “(other than by way of an appeal under section 175(2)(cb) of this Act against a reference only)” are repealed.

Valid from 28/02/2011

28SIn section 113A, after subsection (5) insert—

“(5A)The Scottish Ministers need not issue a criminal record certificate under subsection (1) if the statement accompanying the application states that the purpose for which the certificate is required is the purpose mentioned in disclosure condition C (set out in section 55 of the Protection of Vulnerable Groups (Scotland) Act 2007) (asp 14)).”.

Valid from 18/04/2010

29SAfter section 113B insert—

“113CASuitability information relating to children

(1)In such cases as are prescribed, an enhanced criminal record certificate must also include suitability information relating to children.

(2)Suitability information relating to children is—

(a)whether the applicant is barred from regulated work with children;

(b)if the applicant is barred from such activity, such details as are prescribed of the circumstances in which the applicant became barred;

(c)whether the Scottish Ministers are considering whether to list the individual in the children's list;

(d)whether the Independent Barring Board is considering whether to include the applicant in the children's barred list in pursuance of paragraph 3 or 5 of Schedule 3 to the Safeguarding Vulnerable Groups Act 2006.

113CBSuitability information relating to protected adults

(1)In such cases as are prescribed, an enhanced criminal record certificate must also include suitability information relating to protected adults.

(2)Suitability information relating to protected adults is—

(a)whether the applicant is barred from regulated work with adults;

(b)if the applicant is barred from such activity, such details as are prescribed of the circumstances in which the applicant became barred;

(c)whether the Scottish Ministers are considering whether to list the individual in the adults' list;

(d)whether the Independent Barring Board is considering whether to include the applicant in the adults' barred list in pursuance of paragraph 9 or 11 of Schedule 3 to the Safeguarding Vulnerable Groups Act 2006.

113CCSuitability information: supplementary

(1)The Scottish Ministers may by order made by statutory instrument—

(a)amend section 113CA for the purpose of altering the meaning of suitability information relating to children;

(b)amend section 113CB for the purpose of altering the meaning of suitability information relating to protected adults.

(2)Such an order is subject to annulment in pursuance of a resolution of the Scottish Parliament.

(3)Expressions used in sections 113CA and 113CB and in the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14) have the same meaning in those sections as in that Act, except that “prescribed” must be construed in accordance with section 125 of this Act.”.

Valid from 28/02/2011

30SSections 113C to 113F are repealed.

Valid from 28/02/2011

31SIn section 114—

(a)in subsection (2), for “a Minister of the Crown” substitute “ a person mentioned in subsection (2A) ”,

(b)after subsection (2) insert—

“(2A)Any of the following persons may make a statement for the purposes of subsection (2)—

(a)a Minister of the Crown;

(b)a member of the Scottish Executive;

(c)any other office-holder in the Scottish Administration; or

(d)a nominee of any person mentioned in paragraphs (a) to (c).”,

(c)in subsection (3), for “Sections 113A(3) to (6) and 113C to 113F” substitute “ Section 113A(3) to (6) ”.

Valid from 28/02/2011

32SIn section 116—

(a)in subsection (2), for “a Minister of the Crown, or a person nominated by a Minister of the Crown,” substitute “ a person mentioned in subsection (2A) ”,

(b)after subsection (2) insert—

“(2A)Any of the following persons may make a statement for the purposes of subsection (2)—

(a)a Minister of the Crown;

(b)a member of the Scottish Executive;

(c)any other office-holder in the Scottish Administration; or

(d)a nominee of any person mentioned in paragraphs (a) to (c).”,

(c)in subsection (3), for “113C to 113F” substitute “ 113CA to 113CC ”.

Valid from 28/02/2011

35SIn section 119A(2), the words from “; and” to the end of the subsection are repealed.

Valid from 28/02/2011

36SIn section 120(5)(b) for the words from “countersign” to “113B” substitute “—

“(i)countersign applications under section 113A or 113B; or

(ii)make declarations in relation to disclosure requests made under section 52 or 53 of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14),”.

Valid from 28/02/2011

37SIn section 120A—

(a)in subsection (3)(b), for “included in any list mentioned in section 113C(3) or 113D(3)” substitute “ barred from regulated work with children or adults (within the meaning of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14)) ”,

(b)in subsection (4)(b)(iii), after “applications” insert “ , or the making of declarations, ”.

Valid from 28/02/2011

39SIn section 122—

(a)in subsection (3)—

(i)after “113B” insert “ , or make a disclosure under section 52 or 53 of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), ”,

(ii)after “application” insert “ or, as the case may be, made the declaration in relation to the disclosure request ”,

(iii)after “countersigned”, where it appears in paragraph (b), insert “ or, as the case may be, made the declaration ”,

(b)in subsection (4)(b)—

(i)the words after “person” become sub-paragraph (i), and

(ii)after that new sub-paragraph insert “; or

(ii)has made or is likely to make a declaration in relation to a disclosure request made under section 52 or 53 of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14)”.

Valid from 28/02/2011

41SIn section 126(1), after the definition of “Minister of the Crown” insert—

““office-holder in the Scottish Administration” has the same meaning as in the Scotland Act 1998 (c. 46);”.

Valid from 28/02/2011

Protection of Children (Scotland) Act 2003 (asp 5)S

42SThe whole Act (other than sections 13 and 16) is repealed.

Valid from 28/02/2011

Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5)S

43SSection 24(1) of the Criminal Procedure (Amendment) (Scotland) Act 2004 is repealed.

Valid from 28/02/2011

Charities and Trustee Investment (Scotland) Act 2005 (asp 10)S

44SParagraph 15 of schedule 4 to the Charities and Trustee Investment (Scotland) Act 2005 is repealed.

Valid from 28/02/2011

Inquiries Act 2005 (c. 12)S

45SPart 2 of Schedule 2 to the Inquiries Act 2005 is repealed.