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The Protection of Vulnerable Groups (Scotland) Act 2007 (Commencement No. 2) Order 2007

S.S.I. 2007/564 · Made 18 December 2007

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

POLICE

CHILDREN AND YOUNG PERSONS

PROTECTION OF VULNERABLE ADULTS

Made 18th December 2007

The Scottish Ministers make the following Order in exercise of the powers conferred by section 101(2) and (3) of the Protection of Vulnerable Groups (Scotland) Act 2007f1.

Annotations to the whole text

Footnotes

f1

2007 asp 14.

Contents

  1. 1Citation and interpretation
  2. 2Appointed day
  3. Signature
  4. Schedule Schedule
  5. Explanatory note

1Citation and interpretation

(1)

This Order may be cited as the Protection of Vulnerable Groups (Scotland) Act 2007 (Commencement No. 2) Order 2007.

(2)

In this Order, “the Act” means the Protection of Vulnerable Groups (Scotland) Act 2007; and “the Schedule” means the Schedule to this Order.

2Appointed day

(1)

The day appointed for the coming into force of the provisions of the Act specified in column 1 of the Schedule is 11th January 2008.

(2)

The subject matter of each provision of the Act specified in column 1 of the Schedule is mentioned in column 2 of the Schedule.

(3)

Where a particular purpose is specified in column 3 of the Schedule, in relation to a provision, that provision only comes into force for the purpose specified in that column.

Signature

FIONA HYSLOP

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

18th December 2007

Column 1Column 2Column 3
Provision of the ActSubject matterPurpose
Section 79Form of Part 5 applications
Section 80Payment of fee for information from certain police forces
Section 87Power to give effect to corresponding legislation in England, Wales and Northern Ireland
Section 88Modification of enactmentsOnly in relation to paragraphs 27, 33, 34, 38, 40 and 46 of schedule 4 to the Act
Schedule 4, paragraphs 27, 33, 34, 38, 40 and 46Minor and consequential amendments and repeals relating to the Police Act 1997f1 and the Police, Public Order and Criminal Justice (Scotland) Act 2006f2Schedule 4, paragraph 27 only insofar as it applies to paragraphs 33, 34, 38, 40 and 46 of that schedule

Explanatory note

(This note is not part of the Order)

This Order brings into force certain provisions of the Protection of Vulnerable Groups (Scotland) Act 2007 (“the Act”).

Article 2(1) brings into force, on 11 January 2008, the provisions listed in the Schedule to the Order.

The commencement of sections 79 and 80 provides for repeals of, and amendments to provisions within Part 5 of the Police Act 1997 (“the 1997 Act”).

Section 79 amends sections 112(1)(a), 113A(1)(a), 113B(1)(a), 114(1)(a), 116(1)(a), 117(1) and 120(2) of the 1997 Act and inserts a new section 125A into it. The changes enable the Scottish Ministers to determine the form of applications under Part 5 of the 1997 Act administratively, rather than requiring forms to be prescribed in regulations.

Section 80 inserts a new subsection (5A) into section 113B of the 1997 Act. This new subsection enables the Scottish Ministers to prescribe the bodies to which fees are payable for information provided by a body listed in section 113B(10)(j) to (m) of the 1997 Act.

Section 87 enables the Scottish Ministers by Order, to make such provision as they consider appropriate in consequence of, or for the purpose of giving full effect to the Safeguarding Vulnerable Groups Act (c.47) or legislation which forms part of the law of Northern Ireland which Ministers consider corresponds to provision made by virtue of the Act, or which affects the operation of any provision made by virtue of the Act.

Section 88 and Schedule 4, paragraphs 27, 33, 34, 38, 40 and 46 make some consequential amendments and repeals to the 1997 Act and the Police, Public Order and Criminal Justice (Scotland) Act 2006.