# Protection of Vulnerable Groups (Scotland) Act 2007, Section 40: Restrictions on listing in adults' list


(1) Ministers need not list an individual (nor consider an individual for listing) in the adults' list if the individual is already barred from regulated roles with adults ...
(2) Ministers need not consider an individual for listing in the adults' list if—
(a) they consider that it would be more appropriate for the individual's case to be dealt with by the Disclosure and Barring Service (“DBS”), or
(b) subsection (3) applies.
(3) This subsection applies where—
(a) the individual’s case has been dealt with in pursuance of relevant corresponding legislation, and
(b) Ministers are satisfied that all information relating to the individual which they consider relevant to their decision whether to consider to list the individual was considered before, or when, the individual’s case was last dealt with in pursuance of the relevant corresponding legislation.
(4) Where—
(a) in pursuance of subsection (2)(a), Ministers do not consider an individual for listing in the adults' list, and
(b) DBS deals with the individual's case,
section 30 applies (with any necessary modifications) as if Ministers are considering to list the individual in the adults' list.
(5) Ministers need not list an individual in the adults' list under section 14 if they consider that it would be more appropriate for the individual’s case to be dealt with by DBS.
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) Where—
(a) in pursuance of subsection (5), Ministers do not list an individual in the adults’ list under section 14, and
(b) DBS deals with the individual’s case,
section 30 applies (with any necessary modifications) as if Ministers had listed the individual in the adults’ list under section 14.
(7) In this section “relevant corresponding legislation” means—
(a) Part 7 of the Care Standards Act 2000 (c.14),
(b) the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003,
(c) the Safeguarding Vulnerable Groups Act 2006 (c.47),
(d) the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007.

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Source: https://www.legislation.gov.uk/asp/2007/14/section/40 (the official version)
Page: https://openlegislation.uk/protection-of-vulnerable-groups-scotland-act-2007/section-40
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.