Legalize / United Kingdom / Scotland / Act of the Scottish Parliament

Protection of Vulnerable Groups (Scotland) Act 2007

Type Act of the Scottish Parliament

Publication 2007-04-18

Last updated 2026-03-01

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(a) applications to join, or to be removed from, the Scheme,

(b) requests to correct a scheme record, and

(c) requests for confirmation of scheme membership under section 54 (including a statement under subsection (3) of that section),

must be made.

(2) Ministers may, in particular, determine that any such application, request or statement may be made in electronic form.

(3) Ministers need not consider any such application, request or statement unless it is made in the form and manner determined by them (or in a form and manner as close to that as circumstances permit).

Procedure

72

(1) Ministers may, by regulations, make such further provision about the administration of the Scheme as they think fit.

(2) Regulations may, in particular—

(a) prescribe further procedure relating to applications to join, or to be removed from, the Scheme or to renew membership of the Scheme,

(b) prescribe circumstances in which scheme members are to be removed from the Scheme,

(d) prescribe further procedure for making requests for confirmations of scheme membership under section 54 and making such confirmations available in pursuance of such requests.

Supplementary

Consideration of suitability

73

References in this Part to a person (“A”) considering an individual's suitability to carry out, or to be offered or supplied for, any type of regulated role are references to A considering the individual's suitability—

(a) to carry out that type of regulated role for A,

(b) to be supplied by A to carry out that type of regulated role for another person,

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) for any other prescribed purpose.

Delegation of vetting and disclosure functions

74

(1) Ministers may, to such extent and subject to such conditions as they think appropriate, delegate any of their functions under this Part (other than excepted functions) to such person as they may determine.

(2) An excepted function is a function—

(a) relating to the making of regulations or orders,

(b) under section 71, or

(3) A delegation under subsection (1) may be varied or revoked at any time.

(4) No proceedings are competent against a person performing functions delegated under this section by reason of an inaccuracy in the information made available or provided to the person in accordance with section 63(4) or 75.

Sources of information

75

(1) Any person who holds records of convictions, cautions or other information for the use of police forces generally must make those records available to Ministers for the purposes of enabling or assisting them to perform their functions under this Part.

(2) The chief constable must, as soon as practicable, comply with a request by Ministers to provide them with information of the type described in section 49(1)(c) for the purposes of enabling or assisting them to perform their functions under this Part.

(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The chief constable must not provide information to Ministers under subsection (2) if the chief constable thinks that disclosing that information to the individual to whom it relates would be contrary to the interests of the prevention or detection of crime.

(4) Ministers must pay the Scottish Police Authority such fee as Ministers think appropriate for information provided under subsection (2).

(5) No proceedings are competent against Ministers by reason of an inaccuracy in the information made available or provided to them in accordance with this section or section 63(4) (or in pursuance of any other power or duty to provide information to Ministers in relation to their functions under this Part).

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Police access to scheme information

76

(1) Ministers must make available to the chief constable—

(a) the name of each individual participating in the Scheme,

(b) confirmation of whether each such individual participates in the Scheme in relation to regulated roles with—

(i) children,

(ii) adults, or

(iii) both, and

(c) any other information held by Ministers by virtue of their administration of the Scheme which Ministers consider would enable or assist constables of the Police Service of Scotland to satisfy themselves as to the identity of such individuals.

(2) Information disclosed under subsection (1) may be used by constables of the Police Service of Scotland only for —

(a) the performance of the chief constable's functions under this Part, or

(b) the law enforcement purposes within the meaning of section 31 of the Data Protection Act 2018.

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

77

(1) A confirmation of scheme membership made available under section 54 or a Level 2 disclosure made available under section 18 of the Disclosure (Scotland) Act 2020 must not disclose whether Ministers are considering whether to list an individual (or details of any conditions that Ministers have imposed under section 13A(1)) if Ministers have not made a decision under section 15 or, as the case may be, 16 within the relevant period.

(1A) Subsection (1) applies despite—

(a) section 46(2)(c) or (d) of this Act,

(b) section 16(4)(a)(iii) or (iv) or (b)(iii) or (iv) of the Disclosure (Scotland) Act 2020, or

(as the case may be).

(2) The relevant period is—

(a) where the information which caused Ministers to consider whether to list the individual is the subject of legal or disciplinary proceedings, the period of 6 months which begins on the date on which the proceedings are finally determined,

(b) in any other case, the period of 6 months which begins on the date on which Ministers made a decision under section 10, 11, 12 , 13 or 45B(7) to consider whether to list the individual, or

(c) where either of the periods mentioned in paragraphs (a) and (b) is extended under subsection (3), the extended period.

(3) The sheriff may, on an application by Ministers and on cause shown, extend the period mentioned in paragraph (a) or (b) of subsection (2) (or, as the case may be, that period as previously extended under this subsection).

(4) A period may not be extended (or further extended) under subsection (3) for a period of longer than 6 months beginning with the date on which the extension (or further extension) is granted.

(5) An application under subsection (3) must be made before the expiry of the relevant period.

(6) Where an application under subsection (3) is made, the relevant period is to be treated for the purposes of subsection (1) as not having expired until the application is determined.

(7) The sheriff may, on cause shown, dispense with any requirement—

(a) to intimate an application under subsection (3) to the individual,

(b) to notify the individual of any interlocutor relating to the application.

(8) For the purposes of subsection (5), an application is made when it is lodged with the sheriff clerk.

(9) Any court proceedings under subsection (3) may take place in private if the sheriff considers it appropriate in all the circumstances.

(10) For the purposes of subsection (2)(a), proceedings are finally determined when—

(a) the proceedings are terminated or abandoned without a decision being made,

(b) a decision is made against which no appeal lies, or

(c) where a decision is made which may be appealed, the period during which an appeal (other than an appeal which need not be timeous) may be brought expires without an appeal being brought.

(11) For the purposes of subsection (10), an appeal which need not be timeous is—

(a) an appeal under Part 8 (appeals from solemn proceedings) of the 1995 Act in relation to which the High Court must, if the appeal is to be competent, extend the time within which intimation of intention to appeal or note of appeal or both may be given,

(b) an appeal under Part 10 (appeals from summary proceedings) of the 1995 Act in relation to which the High Court must, if the appeal is to be competent, extend the time within which an application for a stated case may be made, or

Part 3 — Amendment of Part 5 of the Police Act 1997

Information in criminal conviction and record certificates

78

(1) In section 112(2) of the 1997 Act, for the words from “or” immediately following paragraph (a) to the end of paragraph (b) substitute

(or states that there is no such conviction); and (b) if the applicant is subject to notification requirements under Part 2 of the Sexual Offences Act 2003 (c. 42), states that fact.

(2) Section 113A of the 1997 Act is amended as follows—

(a) in subsection (3), for the words from “or” immediately following paragraph (a) to the end of paragraph (b) substitute

(or states that there is no such matter); and (b) if the applicant is subject to notification requirements under Part 2 of the Sexual Offences Act 2003 (c. 42), states that fact.

(b) in the definition of “central records” in subsection (6), for “and cautions” substitute “ , cautions or other information ”,

(c) in the definition of “relevant matter” in that subsection, the word “and” immediately following paragraph (a) is repealed,

(d) at the end of paragraph (b) of that definition, insert

and (c) a prescribed court order.

(3) In section 119(1) of the 1997 Act, for “or cautions” substitute “ , cautions or other information ”.

(4) In section 119A of the 1997 Act—

(a) in subsection (1), after “convictions” insert “ or other information ”,

(b) in subsection (2), for “or cautions” substitute “ , cautions or other information ”.

Form of Part 5 applications

79

(1) In each of the following provisions of the 1997 Act, the words “in the prescribed manner and form” are repealed—

section 112(1)(a)

section 113A(1)(a)

section 113B(1)(a)

section 114(1)(a)

section 116(1)(a)

(2) In sections 117(1) and 120(2) of the 1997 Act, the words “in writing” are repealed.

(3) After section 125 of the 1997 Act insert—

(125A) (1) It is for the Scottish Ministers to determine the form and manner in which applications must be made for the purposes of sections 112(1)(a), 113A(1)(a), 113B(1)(a), 114(1)(a), 116(1)(a), 117(1), and 120(2). (2) The Scottish Ministers may, in particular, determine that such applications may be made in electronic form (and may be signed or countersigned electronically). (3) The Scottish Ministers need not consider any such application unless it is made in the form and manner determined by them (or in a form and manner as close to that as circumstances permit).

Payment of fee for information from certain police forces

80

In section 113B of the 1997 Act, after subsection (5) insert—

(5A) The Scottish Ministers must pay to such body as may be prescribed such fee as they think appropriate for information received from the chief officer of a body mentioned in subsection (10)(j) to (m) as a result of a request under subsection (4) or (5).

Regulations about registration

81

(1) Section 120 of the 1997 Act is amended as follows—

(a) in subsection (2), for “section 120A and regulations under subsection (3)” substitute “ sections 120ZB and 120A ”,

(b) subsection (3) is repealed.

(2) Before section 120A of the 1997 Act insert—

(120ZB) (1) The Scottish Ministers may by regulations make further provision about registration. (2) Regulations under this section may in particular make provision for— (a) the payment of fees; (b) the information to be included in the register; (c) the registration of any person to be subject to conditions; (d) the nomination by— (i) a body corporate or unincorporated; or (ii) a person appointed to an office by virtue of an enactment, whether that body or person is registered or applying to be registered, of an individual to act for the body or, as the case may be, person in relation to disclosure applications; (e) the refusal by the Scottish Ministers, on such grounds as may be specified in or determined under the regulations, to accept or to continue to accept any nomination made by virtue of this section; (f) the refusal by the Scottish Ministers to include persons who, in the opinion of the Scottish Ministers, are likely to act in relation to fewer disclosure applications in any period of 12 months than a minimum number specified in the regulations; (g) the removal from the register of persons who have, in any period of 12 months during which they were registered, acted in relation to fewer disclosure applications than the minimum number specified under paragraph (f); (h) the removal from the register of persons who are, in the opinion of the Scottish Ministers, no longer likely to wish to act in relation to disclosure applications; (i) the removal from the register of any person who has breached any condition of the person's registration; and (j) the period which must elapse before any person refused registration or removed from the register may apply to be included in the register. (3) The provision which may be made by virtue of subsection (2)(c) includes provision— (a) for the registration or continued registration of any person to be subject to prescribed conditions or, if the regulations so provide, such conditions as the Scottish Ministers think fit; and (b) for the Scottish Ministers to vary or revoke those conditions. (4) In subsection (2), references to acting in relation to disclosure applications are to be read as references to— (a) countersigning applications under section 113A or 113B; or (b) making declarations in relation to requests for disclosures under section 52 or 53 of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14).

(3) Section 124A of the 1997 Act is amended as follows—

(a) in subsection (1), for “section 120(3)(b)” substitute “ section 120ZB(2)(h) ”, and

(b) in subsection (3), for “section 120(3)(ac)” substitute “ section 120ZB(2)(j) ”.

Part 4 — School care accommodation services

Meaning of “school care accommodation service”

82

(1) In section 2 of the 2001 Act, for subsection (4) substitute—

(4) A school care accommodation service is a service which— (a) consists of the provision of residential accommodation to a pupil in a place in or outwith a public, independent or grant-aided school; (b) is provided (whether or not during term-time) for the purpose of or in connection with the pupil's attendance at the school (whether current or otherwise); and (c) is provided to the pupil by— (i) an education authority or the managers of an independent or grant-aided school; or (ii) any person under arrangements made between that person and any such authority or managers. (4A) For the purposes of subsection (4)(c)(i) above, a service which— (a) falls within the description given by subsection (4)(a), (b) and (c)(ii) above; and (b) is provided to the pupil in domestic premises, is to be regarded as being provided by that authority or (as the case may be) those managers. (4B) A service may be excepted from the definition in subsection (4) above by regulations.

(2) In section 77(1) of the 2001 Act, in the definition of “school care accommodation service”, for “has the meaning given by subsection (4) of section 2” substitute “ is to be construed in accordance with subsections (4) to (4B) of section 2 of ”.

Application of fire safety rules to school care accommodation service

83

In section 78 of the Fire (Scotland) Act 2005 (asp 5), in subsection (5)(c), after “section)” insert “ except where the service is provided as mentioned in subsection (4)(c)(ii) of that section ”.

Part 5 — Supplementary and general

Guidance

84

(1) Ministers must issue guidance on such matters relating to the operation of Parts 1 and 2 of this Act as they think appropriate.

(2) Ministers may revoke or vary guidance issued under subsection (1) at any time.

Annual report

85

(1) Ministers must, in respect of each reporting year, prepare a report on the performance of their vetting, barring and disclosure functions during that year.

(2) Ministers must lay a copy of each such report before the Scottish Parliament as soon as practicable after the end of the reporting year to which it relates.

(3) A reporting year is—

(a) the period beginning with the day on which this section comes into force and ending on 31 March, and

(b) each successive year ending on that date.

Transfer of Disclosure Scotland staff etc.

86

(1) Ministers may by order (a “staff transfer order”) make provision for persons employed by virtue of section 9 of the Police (Scotland) Act 1967 (c. 77) (employees other than constables) by the Strathclyde Joint Police Board (the “Police Board”) to transfer to, and become members of the staff of, the Scottish Administration.

(2) A staff transfer order may specify particular persons, or types of person, to whom the order applies.

(3) Subsections (4) to (9) apply where—

(a) a person is to be transferred by virtue of a staff transfer order, and

(b) immediately before the day on which the staff transfer order comes into force in relation to the person (the “transfer day”), the person has a contract of employment with the Police Board.

(4) On and after the transfer day the contract of employment has effect as if originally made between the person and Ministers on behalf of the Crown.

(5) On the transfer day, the rights, powers, duties and liabilities of the Police Board under or in connection with the contract of employment are transferred to Ministers.

(6) Anything done before the transfer day by or in relation to the Police Board in respect of the contract of employment or the person is to be treated on and after that day as having been done by or in relation to Ministers.

(7) If, before the transfer day, the person gives notice to Ministers or the Police Board that the person objects to becoming a member of staff of the Scottish Administration—

(a) the contract of employment with the Police Board is, on the day immediately preceding the day that would, but for the objection, have been the transfer day, terminated, and

(b) the person is not to be treated (whether for the purpose of any enactment or otherwise) as having been dismissed by virtue of the giving of such notice.

(8) Nothing in this section prejudices any right of the person to terminate the contract of employment if a substantial detrimental change in the person's working conditions is made.

(9) Where—

(a) the identity of the person's employer changes by virtue of the making of a staff transfer order, and

(b) it is shown that, in all the circumstances, the change is significant and detrimental to the person,

the person has the right to terminate the contract of employment.

(10) A staff transfer order may make such further provision about such transfers as Ministers think fit.

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

87

(1) Ministers may by order make such provision as they consider appropriate in consequence of, or for the purposes of giving full effect to, any provision made by virtue of the Safeguarding Vulnerable Groups Act 2006 (c. 47).

(2) Ministers may by order make such provision as they consider appropriate in consequence of, or for the purposes of giving full effect to, any legislation which forms part of the law of Northern Ireland which in Ministers' opinion—

(a) corresponds to provision made by virtue of this Act, or

(b) affects the operation of any provision made by virtue of this Act.

(3) An order under subsection (1) or (2) may modify any enactment, instrument or document.

Modification of enactments

88

Schedule 4 contains minor amendments and amendments and repeals consequential on the provisions of this Act.

Offences by bodies corporate etc.

89

(1) Where—

(a) an offence under this Act has been committed by—

(i) a body corporate,

(ii) a Scottish partnership, or

(iii) an unincorporated association other than a Scottish partnership, and

(b) it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of—

(i) a relevant individual, or

(ii) an individual purporting to act in the capacity of a relevant individual,

that individual as well as the body corporate, partnership or, as the case may be, unincorporated association is guilty of the offence and is liable to be proceeded against and punished accordingly.

(2) In subsection (1), “relevant individual” means—

(a) in relation to a body corporate other than a council—

(i) a director, manager, secretary or other similar officer of the body,

(ii) where the affairs of the body are managed by its members, the members,

(b) in relation to a council, an officer or member of the council,

(d) in relation to an unincorporated association other than a Scottish partnership, a person who is concerned in the management or control of the association.

(3) Any penalty imposed on a body corporate, Scottish partnership or unincorporated association on conviction of an offence under this Act is to be recovered by civil diligence in accordance with section 221 of the 1995 Act.

Crown application

90

(1) This Act binds the Crown.

(2) But subordinate legislation made under this Act need not bind the Crown.

(3) No contravention by the Crown of a provision made by or under this Act makes the Crown criminally liable.

(4) But the Court of Session may, on the application of any public body or office-holder having responsibility for enforcing that provision, declare unlawful any act or omission of the Crown which constitutes such a contravention.

(5) Despite subsection (3), the provisions made by and under this Act apply to persons in the public service of the Crown as they apply to other persons.

Part 6 — Interpretation

Regulated work

91

(1) A regulated role means a regulated role with children or adults.

(2) A regulated role with children has the meaning given in schedule 2.

(3) A regulated role with adults has the meaning given in schedule 3.

(4) In this Act, there are two types of regulated roles—

(a) regulated roles with children, and

(b) regulated roles with adults.

(5) References in this Act to types of regulated roles are to be construed accordingly.

Individuals barred from regulated work

92

(1) An individual is barred from regulated roles with children if the individual is—

(a) listed in the children's list,

(b) included in the children's barred list maintained under section 2 of the Safeguarding Vulnerable Groups Act 2006 (c. 47),

(c) included (otherwise than provisionally) in the list kept under article 3 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003, or

(d) an individual falling within subsection (3).

(2) An individual is barred from regulated roles with adults if the individual is—

(a) listed in the adults' list,

(b) included in the adults' barred list maintained under section 2 of the Safeguarding Vulnerable Groups Act 2006 (c. 47),

(c) included (otherwise than provisionally) in the list kept under article 35 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003, or

(d) an individual falling within subsection (4).

(3) An individual falls within this subsection if, under the law of the Channel Islands, the Isle of Man, any British overseas territory or any other territory or country outwith the United Kingdom, the individual is subject to a prohibition or disqualification which Ministers by order provide corresponds to being barred from regulated roles with children by virtue of any of paragraphs (a) to (c) of subsection (1).

(4) An individual falls within this subsection if, under the law of the Channel Islands, the Isle of Man, any British overseas territory or any other territory or country outwith the United Kingdom, the individual is subject to a prohibition or disqualification which Ministers by order provide corresponds to being barred from regulated roles with adults by virtue of any of paragraphs (a) to (c) of subsection (2).

(5) Ministers may by order substitute such other list maintained under the law of England and Wales or, as the case may be, Northern Ireland, which in Ministers' opinion corresponds to the children's list for a list mentioned in subsection (1)(b) and (c).

(6) Ministers may by order substitute such other list maintained under the law of England and Wales or, as the case may be, Northern Ireland, which in Ministers' opinion corresponds to the adults' list for a list mentioned in subsection (2)(b) or (c).

Meaning of “harm”

93

(1) For the purposes of this Act, an individual (“A”) harms another (“B”) if—

(a) A's conduct causes B physical harm,

(b) A's conduct causes B psychological harm (for example: by putting B in a state of fear, alarm or distress), or

(c) A engages in unlawful conduct which appropriates or adversely affects B's property, rights or interests (for example: theft, fraud, embezzlement or extortion),

and references to harm are to be construed accordingly.

(2) For the purposes of this Act, an individual (“C”) places another (“D”) at risk of harm if—

(a) C attempts to harm D,

(b) C incites another to harm D,

(d) C's conduct otherwise causes, or is likely to cause, D to be harmed,

and references to being placed at risk of harm are to be construed accordingly.

Meaning of “protected adult”

94

(1) For the purposes of this Act, a “protected adult” is—

(a) an individual aged 18 or over who, by reason of physical or mental disability, illness, infirmity or ageing—

(i) has an impaired ability to protect themself from physical or psychological harm, or

(ii) requires assistance with the activities of daily living,

(b) in relation to a regulated role with adults that involves the carrying out of activities mentioned in paragraph 17 of Part 2 of schedule 3, an individual aged 18 or over who—

(i) is homeless (within the meaning of section 24 of the Housing (Scotland) Act 1987), or

(ii) has experienced, is experiencing or is at risk of experiencing domestic abuse,

(c) in relation to a regulated role with adults that involves the carrying out of activities mentioned in one or more of paragraphs 6 to 12 of Part 2 of schedule 3 (health care), an individual aged 18 or over who is being provided with a prescribed health service, or

(d) in relation to a regulated role with adults that involves the carrying out of such of the activities mentioned in Part 2 of schedule 3 as may be prescribed, an individual aged 18 or over who is being provided with—

(i) a prescribed support service,

(ii) a prescribed adult placement service,

(iii) a prescribed care home service,

(iv) a prescribed housing support service,

(v) a prescribed community care service, or

(vi) a prescribed welfare service.

(2) Ministers may by order modify subsection (1) in order to change the definition of “protected adult” as they think appropriate.

(2A) In subsection (1)(b)(ii), “domestic abuse” means behaviour (whether or not amounting to a criminal offence) that—

(a) is perpetrated between partners or ex-partners, whether in the home or elsewhere or by means of electronic or other forms of communications, and

(b) involves any form of physical, verbal, sexual, psychological, emotional or financial abuse of one of the partners or ex-partners by the other.

(2B) For the purposes of subsection (2A), a person is a partner of another person if they are—

(a) married to each other,

(b) civil partners of each other,

(d) otherwise in an intimate relationship with each other,

and the references to ex-partners are to be construed accordingly.

(3) Expressions used in —

(a) sub-paragraphs (i) to (iv) of subsection (1)(d) have the same meaning as in schedule 12 to the 2010 Act,

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In sub-paragraph (v) of subsection (1)(d)—

“community care service” has the same meaning as in the Social Work (Scotland) Act 1968 (c. 49),

(5) In sub-paragraph (vi) of subsection (1)(d), “welfare service” includes any service which provides support, assistance, advice or counselling to individuals with particular needs.

Meaning of “work”

95

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Fostering

96

(1) For the purposes of this Act, a “foster carer”, in relation to a child, is an individual other than a parent of the child—

(a) with whom the child has been placed under section 26(1)(a) (placement by councils) of the Children (Scotland) Act 1995 (c. 36) ...,

(b) who looks after the child in pursuance of arrangements made by a council under 26(1)(c) (arrangements for accommodating children) of the Children (Scotland) Act 1995,

(i) maintains the child as a foster child for the purposes of the Foster Children (Scotland) Act 1984 (c. 56), or

(ii) otherwise looks after the child in circumstances in which that Act applies by virtue of section 17 of that Act, or

(d) who looks after the child in pursuance of—

(i) a permanence order, or

(ii) a compulsory supervision order .

(2) A foster carer is to be treated as carrying out a regulated role with children for—

(a) in the case of a foster carer of the type described in subsection (1)(a), the council which placed the child with that foster carer under section 26(1)(a) of the Children (Scotland) Act 1995,

(b) in the case of a foster carer of the type described in subsection (1)(b) or (c), any person who—

(i) made arrangements with the foster carer in pursuance of which the foster carer looks after the child, and

(ii) has power to terminate those arrangements,

(c) in the case of a foster carer of the type described in subsection (1)(d)(i), the council which has the right to regulate the child's residence,

(d) in the case of a foster carer of the type described in subsection (1)(d)(ii), the council in whose area the child is looked after.

(3) Sections 34 to 37 and sections 45C to 45F do not apply in relation to the carrying out of a regulated role as a foster carer where the role is carried out in pursuance of —

(a) a permanence order which vests any parental responsibility or parental right in the foster carer, or

(b) a compulsory supervision order .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) References in section 3 to dismissing an individual carrying out a regulated role are, in relation to foster carers, to be read as references to terminating the fostering arrangements concerned.

(6) References in this section to looking after a child in pursuance of a permanence order are references to looking after a child in consequence of the exercise by the council to which the order relates of its right to regulate the child's residence.

(7) References in this section to the council's right to regulate a child's residence are references to the parental right vested in the council by virtue of section 81(1)(b) of the Adoption and Children (Scotland) Act 2007 (asp 4) (mandatory provision in permanence order).

(8) In this section—

“compulsory supervision order” has the meaning given by section 83 of the Children’s Hearings (Scotland) Act 2011 (asp 1),

“parental responsibilities” and “parental rights” have the same meaning as they have in the Children (Scotland) Act 1995,

“permanence order” means an order made under section 80(1) of the Adoption and Children (Scotland) Act 2007 (asp 4),

General interpretation

97

(1) In this Act—

“the 1995 Act” means the Criminal Procedure (Scotland) Act 1995 (c. 46),

“the 1997 Act” means the Police Act 1997 (c. 50),

“the 2001 Act” means the Regulation of Care (Scotland) Act 2001 (asp 8),

“ the 2010 Act ” means the Public Services Reform (Scotland) Act 2010 (asp 8),

“care service” has the same meaning as in Part 5 of the 2010 Act ,

“charity” means a body entered in the Scottish Charity Register,

“charity trustees” has the meaning given in section 106 of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10),

“chief constable” means the chief constable of the Police Service of Scotland ,

“child” means an individual under the age of 18,

“conduct” includes neglect and other failures to act,

“conviction” means a conviction within the meaning of the Rehabilitation of Offenders Act 1974; and references to “convicted” (other than in section 14) are to be construed accordingly,

“council” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39),

“disciplinary proceedings” means proceedings in which the regulatory body for a profession is to decide whether disciplinary action should be taken against an individual carrying on that profession,

“Disclosure and Barring Service” and “DBS” mean the body established by section 87(1) of the Protection of Freedoms Act 2012,

“employment” means paid employment, whether under a contract of service or apprenticeship or under a contract for services (and “employee” and related words are to be construed accordingly),

“employment agency” means the business (whether or not carried on with a view to profit and whether or not carried on in conjunction with any other business) of providing services (whether by the provision of information or otherwise) for the purpose of finding individuals employment with employers or of supplying employers with individuals for employment by them,

“employment business” means the business (whether or not carried on with a view to profit and whether or not carried on in conjunction with any other business) of supplying individuals in the employment of the person carrying on the business to act for, and under the control of, other persons in any capacity,

“Health Board” means a board constituted by order under section 2(1)(a) of the National Health Service (Scotland) Act 1978 (c. 29),

“legal proceedings” means civil or criminal proceedings in or before any court or tribunal,

“Ministers” means the Scottish Ministers,

“organisation” means—a body corporate or unincorporated,an individual who, in the course of a business, employs or otherwise gives work to other persons,the governing body, trustees, or other person or body of persons responsible for the management of any of the following—a school,a body listed in schedule 2 to the Further and Higher Education (Scotland) Act 2005 (asp 6),a college of further education which is assigned to a regional strategic body by order made under section 7C(1) of that Act,a hostel used mainly by pupils attending a school or body mentioned in paragraph (i) or (ii) respectively,

“personnel supplier” means an organisation which carries on an employment agency or employment business,

“police force” has the same meaning as in section 69 of the Disclosure (Scotland) Act 2020,

“prescribed” ... means prescribed in regulations made by Ministers (and “prescribe” is to be construed accordingly),

“registrar of dentists and dental care professionals” means the registrar appointed under section 14 of the Dentists Act 1984 (c. 24),

“Registrar of health professionals” means the Registrar appointed under Article 4 of the Heath Professions Order 2001 (S.I. 2002/254),

“Registrar of nurses and midwives” means the Registrar appointed under Article 4 of the Nursing and Midwifery Order 2001 (S.I. 2002/253),

“registrar of pharmacists” means the registrar appointed under article 18 of the Pharmacy Order 2010,

“school” has the same meaning as in the Education (Scotland) Act 1980 (c. 44),

“Special Health Board” means a board constituted by order under section 2(1)(b) of the National Health Service (Scotland) Act 1978 (c. 29).

(2) For the purposes of this Act, Ministers must assume that an individual is carrying out a regulated role for an organisation if they—

(a) have made available, in respect of the individual—

(i) a confirmation of scheme membership under section 54,

(ii) a Level 2 disclosure (within the meaning of section 8(1) of the Disclosure (Scotland) Act 2020) where section 17 of that Act applies,

in relation to that regulated role,

(b) know that the confirmation of scheme membership or (as the case may be) the Level 2 disclosure was sought for the purpose of enabling or assisting the organisation to consider the scheme member's suitability to carry out that type of regulated role for the organisation (or to be offered such a role by the organisation), and

(c) have not been satisfied that the individual has not been engaged to carry out, or has stopped carrying out, that type of regulated role for the organisation.

(3) References in this Act to Ministers considering whether to list an individual are to be read as references to Ministers considering whether to list an individual in the children's list, in the adults' list or, as the case may be, in both lists in pursuance of section 10, 11, 12 or 13.

(4) References in this Act to Ministers' vetting, barring and disclosure functions are references to their functions under Parts 1 and 2 of this Act and Part 1 of the Disclosure (Scotland) Act 2020 (other than functions relating to the making of regulations and orders).

(5) References in this Act to relevant police forces, and to the chief officers of those forces, are to be read in the same way as they are read for the purposes of section 49 of the Disclosure (Scotland) Act 2020.

(6) The words and other expressions listed in schedule 5 are defined or otherwise explained for the purposes of this Act by the provisions indicated in that schedule.

Part 7 — Final provisions

Ancillary provision

98

(1) Ministers may by order make—

(a) such supplementary, incidental or consequential provision, or

(b) such transitional, transitory or saving provision,

as they consider appropriate for the purposes of, or in connection with, or for the purposes of giving full effect to, any provision of this Act.

(2) An order under subsection (1) may modify any enactment, instrument or document.

Saving: disclosure of information

99

Nothing in this Act affects any power which exists apart from this Act to disclose information.

Orders and regulations

100

(1) Any power of Ministers under this Act to make an order or regulations is exercisable by statutory instrument.

(2) Any such power includes power to make—

(a) such incidental, supplemental, consequential, transitional, transitory or saving provision as Ministers consider appropriate,

(b) different provision for different purposes.

(3) Unless subsection (4) makes contrary provision, a statutory instrument containing an order (other than an order made under section 101) or regulations made under this Act is subject to annulment in pursuance of a resolution of the Scottish Parliament.

(4) An order or regulations must not be made under any of the following provisions unless a draft of the statutory instrument containing the order or, as the case may be, the regulations has been laid before, and approved by a resolution of, the Scottish Parliament—

Section 14(3)

Section 32(2)

Section 35(2)

Section 45E(1)

Section 87(1) or (2) or 98(1) (but only if the order contains provisions which add to, replace or omit any part of the text of this or any other Act)

Section 94(2)

Paragraph 33 of schedule 2

Paragraph 25 of schedule 3

Commencement

101

(1) This Part comes into force on Royal Assent.

(2) The provisions of Parts 1 to 6 come into force on such day as Ministers may by order appoint.

(3) Different days may be appointed for different purposes and for different areas.

Short title

102

This Act may be cited as the Protection of Vulnerable Groups (Scotland) Act 2007.

SCHEDULE 1

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 2

PART 1 — Preliminary

Regulated work with children

1

(1) A regulated role with children is a role of any description which—

(a) involves the carrying out of one or more activities mentioned in Part 2 of this schedule, and

(b) satisfies the conditions mentioned in sub-paragraph (2).

(2) The conditions are—

(a) the activities are carried out—

(i) as a necessary part of the role, and

(ii) in Scotland, and

(b) in the case of—

(i) activities mentioned in paragraph 21 of Part 2 of this schedule, the carrying out of the activities gives the individual carrying them out, when doing anything permitted or required in connection with the carrying out of the activities, the opportunity to have unsupervised contact with children,

(ii) other activities mentioned in Part 2 of this schedule, the carrying out of the activities gives the individual carrying them out, when doing anything permitted or required in connection with the carrying out of the activities, the opportunity to have contact with children.

(3) A role—

(a) the normal duties of which include the day-to-day supervision or management of an individual carrying out a regulated role by virtue of sub-paragraph (1), or

(b) which involves training or studying in Scotland to carry out one or more activities mentioned in Part 2 of this schedule and which gives the individual undertaking the training or study, when doing anything permitted or required in connection with undertaking the training or study, the opportunity to have contact with children,

is to be treated as a regulated role with children for the purposes of sub-paragraph (1).

(4) For the purposes of sub-paragraph (2)(a)(ii), where—

(a) an activity is carried out outside the United Kingdom, the Channel Islands and the Isle of Man by an individual who is ordinarily resident in the United Kingdom,

(b) the activity is carried out for—

(i) an organisation with a place of business in Scotland, or

(ii) a personnel supplier with a place of business in Scotland, and

(c) the organisation's or personnel supplier's functions in relation to the carrying out of the activity by the individual are principally exercised at that place of business,

the activity is to be treated as if it were carried out in Scotland.

(5) For the purposes of sub-paragraph (3)(b), where—

(a) training or study is undertaken outside the United Kingdom, the Channel Islands and the Isle of Man by an individual who is ordinarily resident in the United Kingdom,

(b) the person with principal responsibility for the provision of the training or course of study is—

(i) an organisation with a place of business in Scotland, or

(ii) a personnel supplier with a place of business in Scotland, and

(c) the organisation's or personnel supplier's functions in relation to the undertaking of the training or study by the individual are principally exercised at that place of business,

the training or study is to be treated as if it were undertaken in Scotland.

Exceptions relating to children’s employment and work

2

(1) A role which would be a regulated role with children by virtue of the carrying out of an activity mentioned in any of the paragraphs of Part 2 of this schedule is not, despite any of those provisions, a regulated role with children if—

(a) the activity is carried out in relation to children in the course of the children's work (whether paid or unpaid work),

(b) the activity is carried out in the course of a family relationship, or

(i) in the course of a personal relationship,

(ii) for no commercial consideration, and

(iii) for the benefit of A, a member of A's family or A's friend.

(2) In sub-paragraph (1)(b)—

(a) a family relationship does not include a relationship between a child and a foster carer in relation to the child,

(b) a family relationship includes a relationship between two persons who—

(i) live in the same household, and

(ii) treat each other as though they were members of the same family.

(3) In sub-paragraph (1)(c)—

(a) a personal relationship is a relationship between or among friends, and

(b) “benefit” does not include commercial benefit.

(4) For the purposes of sub-paragraphs (1)(c) and (3)(a), a friend of a member of an individual's family is to be regarded as being the individual's friend.

(5) Ministers may prescribe circumstances in which an activity is or is not to be treated for the purposes of this paragraph as being done in the course of a family or personal relationship.

PART 2 — Activities

Caring for children

3

(1) In paragraph 1(2)(b)—

“contact with children”—means, in relation to an activity, contact that is more than incidental to the carrying out of the activity, and includes any of the following— physical contact with children,visual, written or verbal communication with children,exercising power or influence over children,

“unsupervised contact with children” means contact with children in the absence of—a responsible person,a person carrying out an activity mentioned in paragraph 4, 8 or 12 of Part 2 of this schedule, oran individual who, in relation to a child, has agreed to supervise the contact under arrangements made by the child's parent or guardian or any person aged 18 or over with whom the child lives in the course of a family or personal relationship,

“responsible person” means, in relation to a child, any of the following persons—the child's parent or guardian,any person aged 18 or over with whom the child lives,the person in charge of any of the following establishments in which the child is accommodated, is a patient or receives education (and any person acting on behalf of such a person)—secure accommodation for children,a hospital which is used exclusively or mainly for the reception and treatment of children,an educational institution,a hostel,a residential care setting,a person who provides day care of children (within the meaning of schedule 12 of the Public Services Reform (Scotland) Act 2010),any person holding a position mentioned in sub-paragraph (2),

“family relationship” and “personal relationship” are to be construed in accordance with paragraph 2(2) to (4).

(2) The positions referred to in paragraph (e) of the definition of “responsible person” in sub-paragraph (1) are—

(a) a manager or member of a governing body, body of trustees or other body responsible for the management of an educational institution or a hostel (other than a member of a council),

(b) a member of—

(i) a committee (including joint committee) of a council which is concerned with the provision of education, accommodation, social services or health care services to children,

(ii) a sub-committee which discharges any functions of any such committee,

(i) the Children's Panel,

(ii) the Safeguarders Panel,

(iii) Children's Hearings Scotland,

(iv) staff of Children's Hearings Scotland,

(v) an area support team,

(vi) the Scottish Children's Reporter Administration,

(vii) staff of the Scottish Children's Reporter Administration,

(d) the National Convener of Children's Hearings Scotland,

(e) the Principal Reporter,

(f) the chief social work officer of a council,

(g) the Chief Education Officer of an education authority,

(h) the Commissioner for Children and Young People in Scotland,

(i) a member of staff of the Commissioner for Children and Young People in Scotland,

(j) the Registrar of Independent Schools in Scotland,

(k) a foster carer,

(l) a charity trustee of a children's charity,

(m) a person holding another position in a children's charity.

(3) In paragraph 1(3), “contact with children”—

(a) means, in relation to training or study, contact that is more than incidental to the undertaking of the training or study, and

(b) includes any of the following—

(i) physical contact with children,

(ii) visual, written or verbal communication with children,

(iii) exercising power or influence over children.

(4) For the purpose of paragraph (b) of the definitions of “contact with children” in each of sub-paragraphs (1) and (3), “exercising power or influence over children” means—

(a) assisting, facilitating, permitting or impeding progress towards a desirable objective or outcome for a particular child,

(b) making decisions of an operational or strategic nature that could have an impact on a number of children, or

(c) persuading or putting pressure on a particular child to behave or act in a certain manner for the financial gain or personal gratification of a person other than the child.

Teaching, instructing, training or supervising children

4

Acting as a foster carer in relation to the child.

Being in sole charge of children

5

Making decisions in relation to a child's care arrangements where a council has facilitated the child's care arrangements.

Unsupervised contact with children

6

Having responsibility for the safety and welfare of a child, other than acting as a foster carer in relation to the child.

Providing advice or guidance to children

7

Having the ability to directly influence decisions about the safety or welfare of a child, other than in the capacity of an elected representative or as the holder of a judicial office.

Moderating certain interactive communication services

8

Teaching, instructing or delivering training to children.

Provision of care home services

9

Having the ability to directly influence the operational delivery of education services for children, other than in the capacity of an elected representative or as the holder of a judicial office.

Provision of independent health care services

10

Holding power or influence over a child for the purpose of—

(a) an activity in which the child is taking part or seeking to take part in,

(b) arranging the future recruitment, training or employment of the child.

Work on day care premises

11

Providing advice or guidance to children in relation to career development or education.

PART 3 — General

Children’s detention institution

12

Being in charge of or caring for children, other than acting as a foster carer.

Children’s hospital

13

Practising as a registered medical practitioner.

Educational institutions etc.

14

Practising as a registered nurse, midwife or health visitor.

15

Practising as a chiropractor pursuant to registration with the General Chiropractic Council.

16

Practising as a dentist or dental care professional pursuant to registration with the General Dental Council.

Children’s home

17

Practising as an optometrist or dispensing optician pursuant to registration with the General Optical Council.

Part 4 — Positions

Manager of educational institutions etc.

18

Practising as an osteopath pursuant to registration with the General Osteopathic Council.

Member of council committee

19

Practising as a pharmacist or pharmacy technician pursuant to registration with the General Pharmaceutical Council.

Member of children’s panel etc.

20

Being engaged in the provision of a domestic service (including cleaning, preparing food, acting as a caretaker of premises or carrying out maintenance of premises) that is provided for children in an educational institution, hospital, nursery, day care premises, hospice, hostel, residential care setting or secure accommodation for children.

21

Carrying out an activity in an educational institution, hospital, nursery, day care premises, hospice, hostel, residential care setting or secure accommodation for children.

Chief education officer

22

Providing a care home service or an independent healthcare service which is provided exclusively or mainly for children.

Commissioner for Children and Young People in Scotland

23

Being engaged by or on behalf of a child with an illness or disability to provide personal care services.

24

Providing counselling, therapy , advice, guidance or advocacy support in relation to health or wellbeing to children, other than where such counselling, therapy, advice , guidance or advocacy support is provided in a prison by a prisoner to another prisoner.

Registrar of Independent Schools in Scotland

25

Having the ability to directly influence the operational delivery of medical or care services for children, other than in the capacity of an elected representative or as the holder of a judicial office.

Fostering

26

Providing cultural, leisure, social or recreational activities for children.

Charity trustee

27

Coaching children in relation to sports or physical activity.

Part 5 — General

Power to amend schedule

28

Providing religious activities or services for children.

29

Driving or escorting children in connection with transport services provided exclusively or mainly for children.

SCHEDULE 3

PART 1 — Preliminary

Regulated work with adults

1

(1) A regulated role with adults is a role of any description which—

(a) involves the carrying out of one or more activities mentioned in Part 2 of this schedule, and

(b) satisfies the conditions mentioned in sub-paragraph (2).

(2) The conditions are—

(a) the activities are carried out—

(i) as a necessary part of the role, and

(ii) in Scotland, and

(b) in the case of—

(i) activities mentioned in paragraph 13A of Part 2 of this schedule, the carrying out of activities gives the individual carrying them out, when doing anything permitted or required in connection with the carrying out of the activities, the opportunity to have unsupervised contact with protected adults,

(ii) other activities mentioned in Part 2 of the schedule, the carrying out of the activities gives the individual carrying them out, when doing anything permitted or required in connection with the carrying out of the activities, the opportunity to have contact with protected adults.

(3) A role—

(a) the normal duties of which include the day-to-day supervision or management of an individual carrying out a regulated role by virtue of sub-paragraph (1), or

(b) which involves training or studying in Scotland to carry out one or more activities mentioned in Part 2 of this schedule and which gives the individual undertaking the training or study, when doing anything permitted or required in connection with undertaking the training or study, the opportunity to have contact with protected adults,

is to be treated as a regulated role with adults for the purposes of sub-paragraph (1).

(4) For the purposes of sub-paragraph (2)(a)(ii), where—

(a) an activity is carried out outside the United Kingdom, the Channel Islands and the Isle of Man by an individual who is ordinarily resident in the United Kingdom,

(b) the activity is carried out for—

(i) an organisation with a place of business in Scotland, or

(ii) a personnel supplier with a place of business in Scotland, and

(c) the organisation's or personnel supplier's functions in relation to the carrying out of the activity by the individual are principally exercised at that place of business,

the activity is to be treated as if it were carried out in Scotland.

(5) For the purposes of sub-paragraph (3)(b), where—

(a) training or study is undertaken outside the United Kingdom, the Channel Islands and the Isle of Man by an individual who is ordinarily resident in the United Kingdom,

(b) the person with principal responsibility for the provision of the training or course of study is—

(i) an organisation with a place of business in Scotland, or

(ii) a personnel supplier with a place of business in Scotland, and

(c) the organisation's or personnel supplier's functions in relation to the undertaking of the training or study by the individual are principally exercised at that place of business,

the training or study is to be treated as if it were undertaken in Scotland.

PART 2 — Activities

Caring for adults

2

(1) A role which would be a regulated role with adults by virtue of the carrying out of an activity mentioned in any of the paragraphs of Part 2 of this schedule is not, despite any of those provisions, a regulated role with adults if—

(a) the activity is carried out in the course of a family relationship, or

(b) the activity is carried out for an individual (“A”)—

(i) in the course of a personal relationship,

(ii) for no commercial consideration, and

(iii) for the benefit of A, a member of A's family or A's friend.

(2) In sub-paragraph (1)(a) a family relationship includes a relationship between two persons who—

(a) live in the same household, and

(b) treat each other as though they were members of the same family.

(3) In sub-paragraph (1)(b)—

(a) a personal relationship is a relationship between or among friends, and

(b) “benefit” does not include commercial benefit.

(4) For the purposes of sub-paragraphs (1)(b) and (3)(a), a friend of a member of an individual's family is to be regarded as being the individual's friend.

(5) Ministers may prescribe circumstances in which an activity is or is not to be treated for the purposes of this paragraph as being done in the course of a family or personal relationship.

Teaching, instructing, training and supervising adults

3

(1) In paragraph 1(2)(b)—

“contact with protected adults”—means, in relation to an activity, contact that is more than incidental to the carrying out of the activity, andincludes any of the following—physical contact with protected adults,visual, written or verbal communication with protected adults,exercising power or influence over protected adults,

“unsupervised contact with protected adults” means contact with protected adults in the absence of a person carrying out an activity mentioned in paragraphs 14, 14A, 14B or 18 of Part 2 of this schedule.

(2) In paragraph 1(3)(b) “contact with protected adults”—

(a) means, in relation to training or study, contact that is more than incidental to the undertaking of the training or study, and

(b) includes any of the following—

(i) physical contact with protected adults,

(ii) visual, written or verbal communication with protected adults,

(iii) exercising power or influence over protected adults.

(3) For the purpose of paragraph (b) of the definitions of “contact with protected adults” in each of sub-paragraphs (1) and (2), “exercising power or influence over protected adults” means—

(a) assisting, facilitating, permitting or impeding progress towards a desirable objective or outcome for a particular protected adult,

(b) making decisions of an operational or strategic nature that could have an impact on a number of protected adults, or

(c) persuading or putting pressure on a particular protected adult to behave or act in a certain manner for the financial gain or personal gratification of a person other than the protected adult.

Being in sole charge of adults

4

Teaching, instructing, training or supervising protected adults.

Providing assistance, advice or guidance to adults

5

Providing advice or guidance to a protected adult in relation to education, training or employability.

Provision of care home services

6

Practising as a registered medical practitioner.

Inspecting care services on behalf of the Scottish Commission for the Regulation of Care

7

Practising as a registered nurse, midwife or health visitor.

PART 3 — General

Care home

8

Practising as a chiropractor pursuant to registration with the General Chiropractic Council.

Residential establishment or accommodation

9

Practising as a dentist or dental care professional pursuant to registration with the General Dental Council.

Part 4 — Positions

Member of council committee

10

Practising as an optometrist or dispensing optician pursuant to registration with the General Optical Council.

11

Practising as an osteopath pursuant to registration with the General Osteopathic Council.

Charity trustee

12

Practising as a pharmacist or pharmacy technician pursuant to registration with the General Pharmaceutical Council.

Part 5 — General

Power to amend schedule

13

Being engaged in the provision of a domestic service (including cleaning, preparing food, acting as a caretaker of premises or carrying out maintenance of premises) that is provided for protected adults in a hospital, hospice, care home, day care centre or adult placement setting.

14

Being in charge of protected adults.

SCHEDULE 4

Teaching Council (Scotland) Act 1965 (c. 19)

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Education (Scotland) Act 1980 (c. 44)

5

The Education (Scotland) Act 1980 is amended as follows.

6

In section 98A—

(a) in subsection (5)(a)(ii), for “disqualified from working with children” substitute “ barred from regulated work with children ”,

(b) in subsection (6), for the definition of “disqualified from working with children” substitute—

“barred from regulated work with children” shall be construed in accordance with the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14);

7

In section 99(1A)—

(a) in paragraph (g)(ii), for “disqualified from working with children” substitute “ barred from regulated work with children ”,

(b) in paragraph (h)(ii), for “disqualified from working with children” substitute “ barred from regulated work with children ”.

8

In section 135(1)—

(a) after the definition of “attendance order” insert—

“barred from regulated work with children” has the meaning given by section 98A(6) of this Act;

(b) the definition of “disqualified from working with children” is repealed.

Foster Children (Scotland) Act 1984 (c. 56)

9

The Foster Children (Scotland) Act 1984 is amended as follows.

10

In section 7, after subsection (2) insert—

(3) A person who lives in the same premises as a barred person shall not maintain a foster child. (4) In subsection (3) (and in section 15(2A)), “barred person” means a person who is barred from regulated work with children (within the meaning of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14)).

11

In section 15, after subsection (2) insert—

(2A) A person shall not be guilty of an offence under subsection (1)(c) above in relation to a contravention of section 7(3) if the person proves that he did not know, and had no reasonable ground for believing, that any other person living in the premises in which the person lives was a barred person.

12

In section 21, before the definition of “care home service” insert—

“barred person” has the meaning given by section 7(4);

Criminal Procedure (Scotland) Act 1995 (c. 46)

13

The 1995 Act is amended as follows.

14

In section 106(1)—

(a) paragraphs (db) and (dc) are repealed,

(b) in paragraph (f), sub-paragraphs (ii) and (iii) are repealed.

15

In section 110(1)(a), the words “, the proposal to make a reference was made” are repealed.

16

Section 111(3) is repealed.

17

In section 116, for subsection (2) substitute—

(2) A person who has appealed against both conviction and sentence (or, as the case may be, against both conviction and a decision mentioned in section 106(1)(bb) or both conviction and disposal and order) may abandon the appeal in so far as it is against conviction and may proceed with it against sentence (or, as the case may be, decision, disposal or order) alone.

18

In section 118—

(a) in subsection (4), for the words “106(1)(ba), (bb), (c), (d), (da), (dc), (e) or (f)” substitute “ 106(1)(ba), (bb), (c), (d), (da), (e) or (f) ”,

(b) subsection (4AA) is repealed,

(i) the words “or, as the case may be,” at the end of paragraph (a), and

(ii) paragraph (b),

are repealed.

19

In section 121A(1), the words “(other than an appeal under section 106(1)(db) or (dc))” are repealed.

20

In section 173(2), the words “or (cb)” are repealed.

21

In section 175—

(a) in subsection (2)—

(i) paragraph (cb)(but not the word “or” which appears immediately after that paragraph) is repealed,

(ii) in paragraph (d), sub-paragraphs (ii) and (iii) are repealed,

(b) in subsection (8), for the words from “under” to the end of paragraph (c) substitute “ against both conviction and sentence may abandon the appeal in so far as it is against conviction and may proceed with it against sentence alone, ”,

22

Section 181(4) is repealed.

23

In section 186—

(a) the words “or (cb)”, where they appear in subsections (1), (2), (9) and (10), are repealed,

(b) in subsection (2)(a)—

(i) at the end of sub-paragraph (i) insert “ or ”,

(ii) sub-paragraph (iii)(and the word “or” which immediately precedes it) are repealed.

24

In section 187(1), the words “or (cb)” are repealed.

25

In section 189—

(a) subsection (2A) is repealed,

(b) in subsection (7)(b)—

(i) the words “or, as the case may be,” at the end of paragraph (a), and

(ii) paragraph (b),

are repealed.

26

In section 193A(1), the words “(other than by way of an appeal under section 175(2)(cb) of this Act against a reference only)” are repealed.

Police Act 1997 (c. 50)

27

Part 5 of the 1997 Act is amended as follows.

28

In section 113A, after subsection (5) insert—

(5A) The Scottish Ministers need not issue a criminal record certificate under subsection (1) if the statement accompanying the application states that the purpose for which the certificate is required is the purpose mentioned in disclosure condition C (set out in section 55 of the Protection of Vulnerable Groups (Scotland) Act 2007) (asp 14)).

29

After section 113B insert—

(113CA) (1) In such cases as are prescribed, an enhanced criminal record certificate must also include suitability information relating to children. (2) Suitability information relating to children is— (a) whether the applicant is barred from regulated work with children; (b) if the applicant is barred from such activity, such details as are prescribed of the circumstances in which the applicant became barred; (c) whether the Scottish Ministers are considering whether to list the individual in the children's list; (d) whether the Independent Barring Board is considering whether to include the applicant in the children's barred list in pursuance of paragraph 3 or 5 of Schedule 3 to the Safeguarding Vulnerable Groups Act 2006. (113CB) (1) In such cases as are prescribed, an enhanced criminal record certificate must also include suitability information relating to protected adults. (2) Suitability information relating to protected adults is— (a) whether the applicant is barred from regulated work with adults; (b) if the applicant is barred from such activity, such details as are prescribed of the circumstances in which the applicant became barred; (c) whether the Scottish Ministers are considering whether to list the individual in the adults' list; (d) whether the Independent Barring Board is considering whether to include the applicant in the adults' barred list in pursuance of paragraph 9 or 11 of Schedule 3 to the Safeguarding Vulnerable Groups Act 2006. (113CC) (1) The Scottish Ministers may by order made by statutory instrument— (a) amend section 113CA for the purpose of altering the meaning of suitability information relating to children; (b) amend section 113CB for the purpose of altering the meaning of suitability information relating to protected adults. (2) Such an order is subject to annulment in pursuance of a resolution of the Scottish Parliament. (3) Expressions used in sections 113CA and 113CB and in the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14) have the same meaning in those sections as in that Act, except that “prescribed” must be construed in accordance with section 125 of this Act.

30

Sections 113C to 113F are repealed.

31

In section 114—

(a) in subsection (2), for “a Minister of the Crown” substitute “ a person mentioned in subsection (2A) ”,

(b) after subsection (2) insert—

(2A) Any of the following persons may make a statement for the purposes of subsection (2)— (a) a Minister of the Crown; (b) a member of the Scottish Executive; (c) any other office-holder in the Scottish Administration; or (d) a nominee of any person mentioned in paragraphs (a) to (c).

32

In section 116—

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