The Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 Remedial Order 2015

Made: 9th September 2015

Coming into force: 10th September 2015

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Citation and commencement

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Interpretation2

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Amendment of the 1997 Act

Amendment of the 1997 Act

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Amendment of the 2007 Act

Amendment of the 2007 Act 2

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Transitional provision

Current applications for criminal record certificates and enhanced criminal record certificates under sections 113A, 113B, 114 and 116 of the 1997 Act

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Current applications for new certificates under section 117 of the 1997 Act

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Current applications for registration under section 120 of the 1997 Act

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Current disclosure requests under sections 52 and 53 of the 2007 Act

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Correction of scheme records under section 51 of the 2007 Act

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Current nominations under regulation 4 of the Police Act 1997 (Criminal Records) (Registration) (Scotland) Regulations 2010

10

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Consequential amendments

Amendment of the Protection of Vulnerable Groups (Scotland) Act 2007 (Fees for Scheme Membership and Disclosure Requests) Regulations 2010

11

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Signed

ANGELA CONSTANCE — A member of the Scottish Government — 9th September 2015

Explanatory note

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Footnotes

[^f00001]: 2001 asp 7.

[^f00002]: 1997 c.50. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

[^f00003]: 2007 asp 14.

[^f00004]: The “Convention rights” has the meaning given by section 1 of the Human Rights Act 1998 (c.42). In the case of R (on the application of T and another) v Secretary of State for the Home Department and another [2014] UKSC 35 (judgment of 18th June 2014), the Supreme Court made a declaration of incompatibility under section 4 of the Human Rights Act 1998 that the provisions of sections 113A and 113B of the Police Act 1997 (as applicable in England and Wales) were incompatible with article 8 of the Convention because the requirements in relation to blanket disclosure of all spent convictions were not in accordance with the law. Similar provisions in sections 113A and 113B of the Police Act 1997 (as applicable in Scotland) may be incompatible with article 8 of the Convention. Section 49(1)(a) of the Protection of Vulnerable Groups (Scotland) Act 2007 (“the 2007 Act”) relies on section 113A(3)(a) of the Police Act 1997 and may also be incompatible with article 8 of the Convention.

[^f00005]: Section 113A was inserted by section 163(2) of the Serious Organised Crime and Police Act 2005 (c.15) and has been relevantly amended by sections 78(2) and 79(1) of, and paragraph 28 of schedule 4 to, the Protection of Vulnerable Groups (Scotland) Act 2007.

[^f00006]: 1974 c.53.

[^f00007]: Schedule 3 was inserted by section 109(4) of the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13) (“the 2010 Act”). Caution is an alternative to prosecution by virtue of section 8B(1)(f) of the Rehabilitation of Offenders Act 1974; section 8B was inserted by section 109(2) of the 2010 Act.

[^f00008]: Section 113B was inserted by section 163(2) of the Serious Organised Crime and Police Act 2005 (c.15) and has been relevantly amended by sections 79(1) and 80 of the 2007 Act and by section 108(2) of the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13).

[^f00009]: Subsection (5A) was inserted by section 80 of the Protection of Vulnerable Groups (Scotland) Act 2007.

[^f00010]: Subsections (3) and (4) of section 117 were inserted by paragraph 33 of schedule 4 to the Protection of Vulnerable Groups (Scotland) Act 2007.

[^f00011]: 1995 c.36. Section 69 was repealed by paragraph 1 of schedule 6 to the Children’s Hearings (Scotland) Act 2011 (asp 1).

[^f00012]: 2011 asp 1.

[^f00013]: Schedule 8 was repealed by Part 1(A) of Schedule 15 of the Police and Justice Act 2006.

[^f00014]: 2006 c.52.

[^f00015]: 1837 c.88. The Act was relevantly amended by the Statute Law Revision (No. 2) Act 1890 (c.51).

[^f00016]: 1982 c.36.

[^f00017]: 1990 c.31.

[^f00018]: S.I. 2009/3015. Article 241 was amended by S.I. 2012/1751 and S.I. 2014/3302.

[^f00019]: 1937 c.37. Section 12 was amended by the Criminal Procedure (Scotland) Act 1975 (c.21), section 289B; the Children Act 1975 (c.72), Schedule 4; the Criminal Justice Act 1988 (c.33), section 45; the Children (Scotland) Act 1995 (c.36) (“the 1995 Act”), Schedule 4, paragraph 7; the Criminal Justice (Scotland) Act 2003 (asp 7), section 51(5) and S.I. 1951/1974.

[^f00020]: 1984 c.37. Section 6 was amended by the Law Reform (Parent and Child) (Scotland) Act 1986 (c.9), sections 9 and 10 and Schedule 1, paragraph 20; the Age of Legal Capacity (Scotland) Act 1991 (c.50), Schedule 2, paragraph 1; and the 1995 Act, Schedule 4, paragraph 34.

[^f00021]: 1883 c.3. The Act was relevantly amended as follows. Section 2 was substituted by the Criminal Jurisdiction Act 1975 (c.59) (“the 1975 Act”), section 7 and extended by the Internationally Protected Persons Act 1978 (c.17), section 1; the Aviation Security Act 1982 (c.36), section 6(1); the United Nations Personnel Act 1997 (c.13), section 1; and the Terrorism Act 2000 (c.11) (“the 2000 Act”), section 62. Section 3 was substituted by the 1975 Act, section 7, extended by the 2000 Act, section 62 and amended by the Criminal Law Act 1977 (c.45), Schedule 12 and the Terrorism Act 2006 (c.11), section 17. Section 4 was amended by the Criminal Procedure (Scotland) Act 1975 (c.21), section 221 and by the Criminal Justice and Courts Act 2015 (c.2), section 1. Section 5 was extended by the 2000 Act (c.11), section 62.

[^f00022]: 1968 c.27. The Act was extended by the Firearms Act 1982 (c.31), section 1 and S.I. 1972/971, and modified by the Firearms (Amendment) Act 1988 (c.45), sections 8 and 25.

[^f00023]: Section 16A was inserted by the Firearms (Amendment) Act 1994 (c.31), section 1.

[^f00024]: Section 17 was amended by the Theft Act 1968 (c.60), Schedule 3.

[^f00025]: 1996 c.6. The Act was relevantly amended as follows. Section 2 was extended by the 2000 Act, section 62 and section 32 was extended by the Anti-terrorism, Crime and Security Act 2001 (c.24), section 17.

[^f00026]: 2014 c.12.

[^f00027]: 2003 asp 7. Section 22 was amended by the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13) (“the 2010 Act”), section 46.

[^f00028]: 2004 c.19. Section 4 was amended by the 2010 Act, section 46.

[^f00029]: 2010 asp 13.

[^f00030]: 2005 asp 8.

[^f00031]: 1978 c.29. Section 10Z9 was inserted by the Public Services Reform (Scotland) Act 2010 (asp 8), section 108.

[^f00032]: 1983 c.54. Section 49 was amended by the Statute Law (Repeals) Act 1993 (c.50), Schedule 1 and by S.I. 2007/3101.

[^f00033]: 2010 asp 13.

[^f00034]: 1979 c.2. Section 50 was amended by the Criminal Procedure (Scotland) Act 1975 (c.21), section 289F and 289G; the Police and Criminal Evidence Act 1984 (c.60), section 114(1); the Finance Act 1988 (c.33), section 12; the Criminal Justice Act 2003 (c.44), section 293; the Criminal Justice and Immigration Act 2008 (c.4), Schedule 17; the Anti-social Behaviour, Crime and Policing Act 2014 (c.12), section 111; and S.I. 1996/2686.

[^f00035]: 1876 c.36. Section 42 was amended by the Customs and Excise Act 1952 (c.44), Schedule 12; the Statute Law (Repeals) Act 1993 (c.50), Schedule 1; and the Statute Law (Repeals) Act 2008 (c.12), Schedule 2.

[^f00036]: 1995 c.46. Section 210A was inserted by the Crime and Disorder Act 1998 (c.37), section 86 and was amended by the Sexual Offences (Amendment) Act 2000 (c.44), section 6(2); the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), section 312; the Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), section 21; the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), schedule 1; the Sexual Offences (Scotland) Act 2009 (asp 9), schedules 5 and 6; the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13) (“the 2010 Act”), section 23; and by S.S.I. 2003/48 and S.S.I. 2010/421.

[^f00037]: 2003 c.42. Section 113 was amended by the Anti-social Behaviour, Crime and Policing Act 2014 (c.12), Schedule 11 and by S.S.I. 2011/25.

[^f00038]: 2005 asp 9. Section 7 was amended by the 2010 Act, section 103 and the Anti-social Behaviour, Crime and Policing Act 2014 (c.12), Schedule 11, paragraph 78.

[^f00039]: 1995 c.39. Section 50A was inserted by the Crime and Disorder Act 1998 (c.37), section 33.

[^f00040]: 2010 asp 13.

[^f00041]: 2000 c.11.

[^f00042]: Section 17A was inserted by the Counter-Terrorism and Security Act 2015 (c.6), section 42.

[^f00043]: Section 54 was amended by the Anti-terrorism, Crime and Security Act 2001 (c.24), section 120; the Counter-Terrorism Act 2008 (c.28) (“the 2008 Act”), Schedule 9; and the Criminal Justice and Courts Act 2015 (c.2), section 1.

[^f00044]: Section 57 was amended by the Terrorism Act 2006 (c.11), section 13.

[^f00045]: Section 58 was amended by the 2008 Act, Schedule 9.

[^f00046]: Section 58A was inserted by the 2008 Act, section 76.

[^f00047]: 2001 c.24.

[^f00048]: Section 79 was amended by the Energy Act 2004 (c.20), Schedule 14.