{
  "url": "https://openlegislation.uk/protection-of-vulnerable-groups-scotland-act-2007-consequential-provisions-order-2010/note",
  "json_url": "https://openlegislation.uk/protection-of-vulnerable-groups-scotland-act-2007-consequential-provisions-order-2010/note.json",
  "legislation": "uksi/2010/2660",
  "legislation_title": "The Protection of Vulnerable Groups (Scotland) Act 2007 (Consequential Provisions) Order 2010",
  "legislation_url": "https://openlegislation.uk/protection-of-vulnerable-groups-scotland-act-2007-consequential-provisions-order-2010",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Order)\nThis Order is made under section 104 of the Scotland Act 1998 and makes provision in consequence of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14) (“the 2007 Act”).\nThe 2007 Act establishes a Scheme (under section 44) for vetting and disclosure in relation to individuals who wish to do regulated work with children or adults (referred to as the “PVG Scheme”). The 2007 Act also provides that Scottish Ministers must keep a children’s list and an adults’ list (section 1(1)). An individual may be listed in one or both of those lists (section 1(2)). A listed person is barred from undertaking regulated work with children (if listed in the children’s list) or adults (if listed in the adults’ list). “Regulated work” is defined at section 91 of, and schedules 2 and 3 to, the 2007 Act.\nThe Safeguarding Vulnerable Groups Act 2006 (c.46) (“the 2006 Act”) and the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (SI 2007/1351 (N.I. 11)) (“the 2007 Order”) establish a similar vetting and barring scheme (“the VBS”) for England, Wales and Northern Ireland. The 2006 Act establishes the Independent Safeguarding Authority (“the ISA”) which makes decisions to bar individuals from working with children or vulnerable adults for England and Wales and Northern Ireland. It also establishes the SVG children’s barred list and SVG adults’ barred list for England and Wales. The 2007 Order establishes the SVG NI children’s barred list and SVG NI adults’ barred list for Northern Ireland.\nThe purpose of this Order is to make provision to ensure the proper operation and cross-border interaction of the 2007 Act, the 2006 Act and the 2007 Order.\nPart 2 of the Order deals with the provision of information to Scottish Ministers by police bodies. Article 3 enables the Scottish Ministers, for the purposes of their functions under Parts 1 and 2 of the 2007 Act, to require relevant information from police forces in England and Wales, the Police Service of Northern Ireland (“the PSNI”) as well as from the Royal Navy Police, the Royal Military Police, the Royal Air Force Police, the Ministry of Defence Police, the British Transport Police, the Civil Nuclear Constabulary, the Serious Organised Crime Agency and the Child Exploitation and Online Protection Centre. Under article 3, Scottish Ministers can also ask for such information from the States of Jersey Police Force, the salaried police force of the Island of Guernsey, the Isle of Man Constabulary and the Garda Síochána. Provision is also made to require the Scottish Ministers to pay an appropriate fee for information obtained from these relevant police forces.\nArticles 4 and 5 enable the Scottish Ministers to obtain information for the purposes of their functions under Parts 1 and 2 of the 2007 Act from persons holding records of convictions, cautions or other information for the use of police forces generally and from persons holding records of fingerprints for the use of the police forces generally.\nPart 3 of the Order deals with the provision of information to the Scottish Ministers by bodies subject to the 2006 Act. Article 6 enables the Scottish Ministers to obtain prescribed information from regulated activity providers, responsible persons and personnel suppliers (within the meaning of the 2006 Act). The prescribed information is set out in the Safeguarding Vulnerable Groups Act 2006 (Prescribed Information) Regulations 2008 S.I. 2008/3265 (“the 2008 Regulations”). Article 7 provides that failure to comply with a requirement under article 6 to provide information without reasonable excuse is an offence.\nArticles 8, 9 and 10 enable the Scottish Ministers to obtain prescribed information from local authorities, and from keepers of relevant registers and supervisory authorities (within the meaning of the 2006 Act). The prescribed information is set out in the 2008 Regulations.\nPart 4 of the Order deals with the provision of information to Scottish Ministers by bodies subject to the 2007 Order. Article 11 amends the 2007 Order, by inserting a provision enabling the Independent Safeguarding Authority to provide the Scottish Ministers with information relevant to their functions under Parts 1 and 2 of the 2007 Act.\nArticle 12 enables the Scottish Ministers to obtain prescribed information from regulated activity providers, responsible persons and personnel suppliers (within the meaning of the 2007 Order). The prescribed information is set out in the Safeguarding Vulnerable Groups (Prescribed Information) Regulations (Northern Ireland) 2009 (S.R. 2009 No. 40) (“the 2009 Regulations”). Article 13 provides that failure to comply with a requirement under Article 12 to provide information without reasonable excuse is an offence.\nArticles 14, 15 and 16 enable the Scottish Ministers to obtain prescribed information from education and library boards and HSC bodies, and from keepers of relevant registers and supervisory authorities (within the meaning of the 2007 Order). The prescribed information is set out in the 2009 Regulations.\nPart 5 of the Order deals with the provision of information to Scottish Ministers by the Secretary of State. Article 17 provides that the Secretary of State may provide the Scottish Ministers with information to enable them to verify the identity of an applicant to scheme under the 2007 Act. The information is such information as the Secretary of State thinks appropriate from data held by the Identity and Passport Service, by the UK Border Agency and by the Secretary of State in connection with keeping records of national insurance numbers.\nPart 6 of the Order deals with the provision of information to the ISA. Articles 18 to 20 provide the ISA with powers to require information from the police, from certain public bodies and from regulated work providers in Scotland for the purposes of enabling or assisting it to determine whether to include an individual in, or remove an individual from, the children’s barred list or adults’ barred list maintained under section 2 of the 2006 Act or the children’s barred list or adults’ barred list maintained under Article 6 of the 2007 Order.\nPart 7 of the Order deals with miscellaneous provision. Article 21 provides that references in Part 2 of the 2007 Act to a person considering an individual’s suitability to do, or to be offered or supplied for, any type of regulated work include a reference to that person considering an individual’s suitability to be registered or licensed under Part V (driving instruction) of the Road Traffic Act 1988. Article 22 provides that references in Part 2 of the 2007 Act to a person considering an individual’s suitability to do, or to be offered or supplied for, any type of regulated work include a reference to that person considering an individual’s suitability to be registered in the register established and maintained under article 19 of the Pharmacy Order 2010 (S.I. 2010/231). Article 23 amends the General Pharmaceutical Council (Registration Rules) Order of Council 2010 (S.I. 2010/1671) to allow the General Pharmaceutical Council to obtain disclosure records under the 2007 Act for the purposes of applications for entry in the Register kept by the General Pharmaceutical Council.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2010/2660/note",
    "retrieved_at": "2026-10-31T10:31:17.400498+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}