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The Protection of Vulnerable Groups (Scotland) Act 2007 (Removal of Barred Individuals from Regulated Work) Regulations 2010

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Scottish Statutory Instruments

2010 No. 244

Children And Young Persons

Protection Of Vulnerable Adults

The Protection of Vulnerable Groups (Scotland) Act 2007 (Removal of Barred Individuals from Regulated Work) Regulations 2010

Made

9th June 2010

Coming into force in accordance with regulation 1

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 35(2) and (3) of the Protection of Vulnerable Groups (Scotland) Act 2007(1) and all other powers enabling them to do so.

In accordance with section 100(4) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Citation and commencement

1.  These Regulations may be cited as the Protection of Vulnerable Groups (Scotland) Act 2007 (Removal of Barred Individuals from Regulated Work) Regulations 2010 and come into force on the same day as section 1 of the Protection of Vulnerable Groups (Scotland) Act 2007.

Removing barred individuals

2.  Where an organisation for which an individual is doing regulated work is notified under section 30(2)(a) of the Protection of Vulnerable Groups (Scotland) Act 2007 that the individual has been barred from doing regulated work with children or adults, that organisation—

(a)is prohibited from permitting the individual to do the regulated work from which the individual is barred; and

(b)must remove the individual from the regulated work from which the individual is barred.

ADAM INGRAM

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

9th June 2010

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made under section 35(2) and (3) of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14) (“the Act”) and provide that where an organisation for which an individual is doing regulated work is notified under section 30(2)(a) of the Act that the individual has been barred from doing regulated work with children or adults that organisation is prohibited from permitting the individual to do the regulated work from which the individual is barred and must remove the individual from the regulated work from which the individual is barred.

It is an offence under section 35(4) of the Act for an organisation to fail to comply with these Regulations and the penalties for such an offence are set out in section 37 of the Act.

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