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Royal arms

Protection of Vulnerable Groups (Scotland) Act 2007

2007 asp 14

CONTENTS

  1. Part 1

    The lists

    1. Duty to keep lists

      1. 1. Duty of Scottish Ministers to keep lists

    2. Referrals

      1. 2. Referral ground

      2. 3. Reference following disciplinary action etc.

      3. 4. Reference by employment agency

      4. 5. Reference by employment business

      5. 6. Reference relating to matters occurring before provisions come into force

      6. 7. Reference by court

      7. 8. Reference by certain other persons

      8. 9. Failure to refer: offence

    3. Consideration whether to list

      1. 10. Consideration whether to list: organisational referrals etc.

      2. 11. Consideration whether to list: court referrals

      3. 12. Consideration whether to list: vetting information etc.

      4. 13. Consideration whether to list: inquiries

    4. Inclusion in list

      1. 14. Automatic listing

      2. 15. Inclusion in children’s list after consideration

      3. 16. Inclusion in adults' list after consideration

    5. Information relevant to listing decisions

      1. 17. Information relevant to listing decisions

      2. 18. Police information etc.

      3. 19. Information held by public bodies etc.

      4. 20. Information held by regulated work providers

    6. Appeals against listing

      1. 21. Appeals against inclusion in children’s list

      2. 22. Appeals against inclusion in adults' list

      3. 23. Further appeals in relation to inclusion in either list

      4. 24. Appeals in relation to listing: supplementary

    7. Removal from list

      1. 25. Application for removal from list

      2. 26. Determination of application for removal from list

      3. 27. Appeals against refusal to remove individual from list

      4. 28. Late representations

      5. 29. Removal from list

    8. Listing: supplementary

      1. 30. Notice of listing etc.

      2. 31. Relevant inquiries

      3. 32. Relevant offences etc.

      4. 33. Duty to notify certain changes

    9. Offences relating to regulated work

      1. 34. Barred individuals not to do regulated work

      2. 35. Organisations not to use barred individuals for regulated work

      3. 36. Personnel suppliers not to supply barred individuals for regulated work

      4. 37. Penalties for offences relating to regulated work

    10. General and supplementary

      1. 38. Police access to lists

      2. 39. Restrictions on listing in children’s list

      3. 40. Restrictions on listing in adults' list

      4. 41. Protection from actions for damages

      5. 42. Power to regulate procedure etc.

      6. 43. Transfer from 2003 Act list

  2. Part 2

    Vetting and disclosure

    1. The Scheme

      1. 44. The Scheme

      2. 45. Participation in Scheme

      3. 46. Statement of scheme membership

    2. Vetting information

      1. 47. Enquiries about scheme members

      2. 48. Scheme record

      3. 49. Vetting information

      4. 50. Duty to notify certain changes

      5. 51. Correction of inaccurate scheme record

    3. Disclosure

      1. 52. Disclosure of scheme records

      2. 53. Disclosure of short scheme records

      3. 54. Disclosure of scheme membership

      4. 55. Disclosure conditions

      5. 56. Crown work

      6. 57. Disclosure restrictions

    4. Removal from scheme

      1. 58. Removal from scheme

      2. 59. Withdrawal from scheme

      3. 60. Notice of removal

      4. 61. Retention of scheme records after removal

    5. Evidence of identity

      1. 62. Evidence of identity

      2. 63. Power to use fingerprints to check applicant’s identity

      3. 64. Power to use personal data to check applicant’s identity

    6. Offences relating to vetting information

      1. 65. Falsification of scheme records etc.

      2. 66. Unlawful disclosure of scheme records etc.

      3. 67. Unlawful requests for scheme records etc.

      4. 68. Unlawful disclosure etc.: supplementary

      5. 69. Penalties for offences relating to vetting information

    7. Fees, forms and other procedures

      1. 70. Fees

      2. 71. Forms

      3. 72. Procedure

    8. Supplementary

      1. 73. Consideration of suitability

      2. 74. Delegation of vetting and disclosure functions

      3. 75. Sources of information

      4. 76. Police access to scheme information

      5. 77. Statements of scheme membership: disclosure of whether individual under consideration for listing

  3. Part 3

    Amendment of Part 5 of the Police Act 1997

    1. 78. Information in criminal conviction and record certificates

    2. 79. Form of Part 5 applications

    3. 80. Payment of fee for information from certain police forces

    4. 81. Regulations about registration

  4. Part 4

    School care accommodation services

    1. 82. Meaning of “school care accommodation service”

    2. 83. Application of fire safety rules to school care accommodation service

  5. Part 5

    Supplementary and general

    1. 84. Guidance

    2. 85. Annual report

    3. 86. Transfer of Disclosure Scotland staff etc.

    4. 87. Power to give effect to corresponding legislation in England, Wales and Northern Ireland

    5. 88. Modification of enactments

    6. 89. Offences by bodies corporate etc.

    7. 90. Crown application

  6. Part 6

    Interpretation

    1. 91. Regulated work

    2. 92. Individuals barred from regulated work

    3. 93. Meaning of “harm”

    4. 94. Meaning of “protected adult”

    5. 95. Meaning of “work”

    6. 96. Fostering

    7. 97. General interpretation

  7. Part 7

    Final provisions

    1. 98. Ancillary provision

    2. 99. Saving: disclosure of information

    3. 100. Orders and regulations

    4. 101. Commencement

    5. 102. Short title

    1. Schedule 1

      Relevant offences

    2. Schedule 2

      Regulated work with children

      1. Part 1

        Preliminary

      2. Part 2

        Activities

      3. Part 3

        Establishments

      4. Part 4

        Positions

      5. Part 5

        General

    3. Schedule 3

      Regulated work with adults

      1. Part 1

        Preliminary

      2. Part 2

        Activities

      3. Part 3

        Establishments

      4. Part 4

        Positions

      5. Part 5

        General

    4. Schedule 4

      Minor and consequential amendments and repeals

    5. Schedule 5

      Index

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

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.

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