Protection of Vulnerable Groups (Scotland) Act 2007
2007 asp 14 · Enacted 18 April 2007 · Extends to Scotland
An Act of the Scottish Parliament to bar certain individuals from working with children or certain adults; to require the Scottish Ministers to keep lists of those individuals; to make further provision in relation to those lists; to establish a scheme under which information about individuals working or seeking to work with children or certain adults is collated and disclosed; to amend Part 5 of the Police Act 1997; to amend the meaning of school care accommodation service in the Regulation of Care (Scotland) Act 2001; and for connected purposes.
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 8th March 2007 and received Royal Assent on 18th April 2007
Contents
- Part 1: The lists
- Duty to keep lists
- 1Duty of Scottish Ministers to keep lists
- Referrals
- 2Referral ground
- 3Reference following disciplinary action etc.
- 4Reference by employment agency
- 5Reference by employment business
- 6Reference relating to matters occurring before provisions come into force
- 6AReference by chief constable
- 7Reference by court Repealed
- 8Reference by certain other persons
- 9Failure to refer: offence
- Consideration whether to list
- 10Consideration whether to list: organisational referrals etc.
- 11Consideration whether to list: court referrals Repealed
- 12Consideration whether to list: vetting information etc.
- 13Consideration whether to list: inquiries
- Inclusion in list
- 14Automatic listing
- 15Inclusion in children's list after consideration
- 16Inclusion in adults' list after consideration
- Information relevant to listing decisions
- 17Information relevant to listing decisions
- 18Police information etc.
- 19Information held by public bodies etc.
- 20Information held by providers of regulated roles
- Appeals against listing
- 21Appeals against inclusion in children's list
- 22Appeals against inclusion in adults' list
- 23Further appeals in relation to inclusion in either list
- 24Appeals in relation to listing: supplementary
- Removal from list
- 25Application for removal from list
- 26Determination of application for removal from list
- 27Appeals against refusal to remove individual from list
- 28Late representations
- 29Removal from list
- Appeals and removals: information powers
- 29AAppeals and removals: application of sections 18 to 20
- Listing: supplementary
- 30Notice of listing etc.
- 30ANotification of health regulatory bodies etc.
- 31Relevant inquiries
- 32Individual not criminally responsible or unfit for trial: order treated as conviction
- 33Duty to notify certain changes
- Offences relating to regulated roles
- 34Barred individuals not to carry out regulated roles
- 35Organisations not to use barred individuals for regulated roles
- 36Personnel suppliers not to supply barred individuals for regulated roles
- 37Penalties for offences relating to regulated roles
- 37AOffences outside Scotland
- General and supplementary
- 38Police access to lists
- 39Restrictions on listing in children's list
- 40Restrictions on listing in adults' list
- 41Protection from actions for damages
- 42Power to regulate procedure etc.
- 43Transfer from 2003 Act list
- Part 2: Vetting and disclosure
- The Scheme
- 44The Scheme
- 45Participation in Scheme
- 45ADuration of Scheme membership
- 45BFailure to apply for renewal of Scheme membership
- 45CIndividuals must be scheme members to carry out regulated roles
- 45DOrganisations not to use individuals for regulated roles without confirming scheme membership
- 45EPower to require organisations to stop using individuals for regulated roles without scheme membership
- 45FPersonnel suppliers not to supply individuals for regulated roles without confirming scheme membership
- 45GPenalties for offences relating to regulated roles by individuals not in Scheme
- 45HOffences outside Scotland
- 46Confirmation of scheme membership
- 46ANotice of barred status
- Vetting information
- 47Enquiries about scheme members
- 48Scheme record
- 49Vetting information
- 50Duty to notify certain changes
- 51Correction of inaccurate scheme record
- 52ZAProcedure following correction of inaccurate scheme record Repealed
- Disclosure
- 52Disclosure of scheme records Repealed
- 52AReview of vetting information in scheme record Repealed
- 53Disclosure of short scheme records Repealed
- 54Provision of confirmation of scheme membership to third parties
- 55Disclosure conditions Repealed
- 56Crown work Repealed
- 57Disclosure restrictions Repealed
- 57AMeaning of “conviction” and “protected conviction” Repealed
- Removal from scheme
- 58Removal from scheme
- 59Withdrawal from scheme
- 59AWithdrawal from Scheme when under consideration for listing
- 60Notice of removal
- 61Retention of scheme records after removal
- Evidence of identity
- 62Evidence of identity
- 63Power to use fingerprints to check applicant's identity
- 64Power to use personal data to check applicant's identity
- Offences relating to confirmation of scheme membership
- 65Falsification of confirmation of scheme membership
- 66Unlawful disclosure of confirmation of scheme membership
- 67Unlawful requests for and use of confirmation of scheme membership
- 68Unlawful disclosure etc.: supplementary
- 69Penalties for offences relating to confirmation of scheme membership
- Fees, forms and other procedures
- 70Fees
- 71Forms
- 72Procedure
- Supplementary
- 73Consideration of suitability
- 74Delegation of vetting and disclosure functions
- 75Sources of information
- 76Police access to scheme information
- 77Disclosure of whether an individual is under consideration for listing
- Part 3: Amendment of Part 5 of the Police Act 1997
- 78Information in criminal conviction and record certificates
- 79Form of Part 5 applications
- 80Payment of fee for information from certain police forces
- 81Regulations about registration
- Part 4: School care accommodation services
- 82Meaning of “school care accommodation service”
- 83Application of fire safety rules to school care accommodation service
- Part 5: Supplementary and general
- 84Guidance
- 84AGuidance for chief constable
- 85Annual report
- 86Transfer of Disclosure Scotland staff etc.
- 87Power to give effect to corresponding legislation in England, Wales and Northern Ireland
- 88Modification of enactments
- 89Offences by bodies corporate etc.
- 90Crown application
- Part 6: Interpretation
- 91Regulated roles
- 92Individuals barred from regulated roles
- 93Meaning of “harm”
- 94Meaning of “protected adult”
- 95Meaning of “work” Repealed
- 96Fostering
- 97General interpretation
- Part 7: Final provisions
- 98Ancillary provision
- 99Saving: disclosure of information
- 100Orders and regulations
- 101Commencement
- 102Short title
- Schedule 1: Relevant offences Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- Schedule 2: Regulated roles with children
- Part 1: Preliminary
- Regulated roles with children
- 1Paragraph 1
- Exceptions to regulated roles with children
- 2Paragraph 2
- Definitions in relation to contact with children
- 3Paragraph 3
- Part 2: Activities
- Child protection
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Education and training
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- Childcare
- 12Paragraph 12
- Care, health and accommodation services
- 13Paragraph 13
- 13AParagraph 13A
- 14Paragraph 14
- 14AParagraph 14A
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- Leisure activities
- 26Paragraph 26
- Sports activities
- 27Paragraph 27
- Religious activities
- 28Paragraph 28
- Miscellaneous
- 29Paragraph 29
- 30Paragraph 30
- Interpretation
- 31Paragraph 31
- 32Paragraph 32
- Part 3: General
- Power to amend schedule
- 33Paragraph 33
- 34Paragraph 34
- Schedule 3: Regulated roles with adults
- Part 1: Preliminary
- Regulated roles with adults
- 1Paragraph 1
- Exceptions to regulated roles with adults
- 2Paragraph 2
- Definition of contact with protected adults
- 3Paragraph 3
- Part 2: Activities
- Education, training and guidance
- 4Paragraph 4
- 5Paragraph 5
- Care, health and accommodation services
- 6Paragraph 6
- 6AParagraph 6A
- 7Paragraph 7
- 7AParagraph 7A
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 13AParagraph 13A
- 14Paragraph 14
- 14AParagraph 14A
- 14BParagraph 14B
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- Leisure activities
- 19Paragraph 19
- Sports activities
- 20Paragraph 20
- Religious activities
- 21Paragraph 21
- Miscellaneous
- 22Paragraph 22
- 23Paragraph 23
- Interpretation
- 24Paragraph 24
- Part 3: General
- Power to amend schedule
- 25Paragraph 25
- 26Paragraph 26
- Schedule 4: Minor and consequential amendments and repeals
- Teaching Council (Scotland) Act 1965 (c. 19)
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- Education (Scotland) Act 1980 (c. 44)
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Foster Children (Scotland) Act 1984 (c. 56)
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Criminal Procedure (Scotland) Act 1995 (c. 46)
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- Police Act 1997 (c. 50)
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- Protection of Children (Scotland) Act 2003 (asp 5)
- 42Paragraph 42
- Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5)
- 43Paragraph 43
- Charities and Trustee Investment (Scotland) Act 2005 (asp 10)
- 44Paragraph 44
- Inquiries Act 2005 (c. 12)
- 45Paragraph 45
- Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10)
- 46Paragraph 46
- Schedule 5Index