Part 1 The lists
Duty to keep lists
1.Duty of Scottish Ministers to keep lists
3.Reference following disciplinary action etc.
4.Reference by employment agency
5.Reference by employment business
6.Reference relating to matters occurring before provisions come into force
7.Reference by court
8.Reference by certain other persons
9.Failure to refer: offence
Consideration whether to list
10.Consideration whether to list: organisational referrals etc.
11.Consideration whether to list: court referrals
12.Consideration whether to list: vetting information etc.
13.Consideration whether to list: inquiries
Inclusion in list
15.Inclusion in children's list after consideration
16.Inclusion in adults' list after consideration
Information relevant to listing decisions
17.Information relevant to listing decisions
18.Police information etc.
19.Information held by public bodies etc.
20.Member of— (a) the Children’s Panel, (b) the Safeguarders Panel,...
Appeals against listing
21.Appeals against inclusion in children's list
22.Appeals against inclusion in adults' list
23.Further appeals in relation to inclusion in either list
24.Appeals in relation to listing: supplementary
Removal from list
25.Application for removal from list
26.Determination of application for removal from list
27.Appeals against refusal to remove individual from list
29.Removal from list
30.Notice of listing etc.
30A. Notification of health regulatory bodies etc.
32.Relevant offences etc.
33.Duty to notify certain changes
Offences relating to regulated work
34.Barred individuals not to do regulated work
35.Organisations not to use barred individuals for regulated work
36.Personnel suppliers not to supply barred individuals for regulated work
37.Penalties for offences relating to regulated work
General and supplementary
38.Police access to lists
39.Restrictions on listing in children's list
40.Restrictions on listing in adults' list
41.Protection from actions for damages
42.Power to regulate procedure etc.
43.Transfer from 2003 Act list
Part 2 Vetting and disclosure
45.Participation in Scheme
46.Statement of scheme membership
47.Enquiries about scheme members
50.Duty to notify certain changes
51.Correction of inaccurate scheme record
52.Disclosure of scheme records
53.Disclosure of short scheme records
54.Disclosure of scheme membership
Removal from scheme
58.Removal from scheme
59.Withdrawal from scheme
60.Notice of removal
61.Retention of scheme records after removal
Evidence of identity
62.Evidence of identity
63.Power to use fingerprints to check applicant's identity
64.Power to use personal data to check applicant's identity
Offences relating to vetting information
65.Falsification of scheme records etc.
66.Unlawful disclosure of scheme records etc.
67.Unlawful requests for scheme records etc.
68.Unlawful disclosure etc.: supplementary
69.Penalties for offences relating to vetting information
Fees, forms and other procedures
73.Consideration of suitability
74.Delegation of vetting and disclosure functions
75.Sources of information
76.Police access to scheme information
77.Statements of scheme membership: disclosure of whether individual under consideration for listing
Part 3 Amendment of Part 5 of the Police Act 1997
78.Information in criminal conviction and record certificates
79.Form of Part 5 applications
80.Payment of fee for information from certain police forces
81.Regulations about registration
Part 4 School care accommodation services
82.Meaning of “school care accommodation service”
83.Application of fire safety rules to school care accommodation service
Part 5 Supplementary and general
86.Transfer of Disclosure Scotland staff etc.
87.Power to give effect to corresponding legislation in England, Wales and Northern Ireland
88.Modification of enactments
89.Offences by bodies corporate etc.
Part 6 Interpretation
92.Individuals barred from regulated work
93.Meaning of “harm”
94.Meaning of “protected adult”
95.Meaning of “work”
Part 7 Final provisions
99.Saving: disclosure of information
100.Orders and regulations
1.An offence falls within this paragraph if it is—
2.An individual falls within this paragraph if the individual—
Regulated work with children
Part 1 Preliminary
1.Regulated work with children is work done in Scotland in—...
1A.Definitions in relation to unsupervised contact with children
Exceptions relating to children's employment and work
2.Work which would be regulated work with children by virtue...
2A.Application of sections 35 and 36 to host parenting
Part 2 Activities
Caring for children
3.Caring for children (except caring for children which is merely...
Teaching, instructing, training or supervising children
4.Teaching, instructing, training or supervising children (except teaching, instructing, or...
Being in sole charge of children
5.Being in sole charge of children.
Unsupervised contact with children
6.Unsupervised contact with children under arrangements made by a responsible...
Providing advice or guidance to children
7.Providing advice or guidance to a child or to particular...
Moderating certain interactive communication services
8.Moderating a public electronic interactive communication service which is intended...
Provision of care home services
9.Providing, or working for an organisation which provides, a care...
Provision of independent health care services
10.Providing, or working for an organisation which provides, an independent...
Work on day care premises
11.Work on any part of day care premises at times...
11A.Being a host parent
Part 3 Establishments
Children's detention institution
12.An institution which is exclusively or mainly for the detention...
13.A hospital which is exclusively or mainly for the reception...
Educational institutions etc.
15.A further education institution.“Further education institution” means a body listed...
16.A hostel used mainly by pupils attending a school or...
17.A home which is exclusively or mainly for children and...
Part 4 Positions
Manager of educational institutions etc.
18.Manager, or member of a governing body, body of trustees...
Member of council committee
19.Member of— (a) a committee (including joint committee) of a...
Member of children's panel etc.
20A.National Convener of Children’s Hearings Scotland.
Chief social work officer
21.Chief social work officer of a council.
Chief education officer
22.Chief education officer (however called) of a council.
Commissioner for Children and Young People in Scotland
23.Commissioner for Children and Young People in Scotland.
24.Member of that Commissioner's staff.
Registrar of Independent Schools in Scotland
25.Registrar of Independent Schools in Scotland.
Charity trustee of a children’s charity.
27.“Children’s charity” means a charity whose— (a) main purpose is...
Part 5 General
Power to amend schedule
28.Ministers may by order modify this schedule as they think...
29.An order under paragraph 28 may disapply or otherwise modify...
Regulated work with adults
1.Regulated work with adults is work done in Scotland in—...
Caring for adults
2.Caring for protected adults (except caring for protected adults under...
Teaching, instructing, training and supervising adults
3.Teaching, instructing, training or supervising protected adults (except teaching, instructing,...
Being in sole charge of adults
4.Being in sole charge of protected adults (except being in...
Providing assistance, advice or guidance to adults
5.Providing assistance, advice or guidance to a protected adult or...
6.Providing, or working for an organisation which provides, a care...
Inspecting care services on behalf of the Social Care and Social Work Improvement Scotland and Healthcare Improvement Scotland
7.Inspecting adult care services (including inspecting any premises used for...
8.A care home.“Care home” means accommodation occupied mainly or exclusively...
Residential establishment or accommodation
9.A residential establishment or accommodation occupied exclusively or mainly by...
10.Member of a committee (including joint committee) of a council...
11.Chief social work officer of a council.
12.Charity trustee of a charity whose— (a) main purpose is...
13.Ministers may by order modify this schedule as they think...
14.An order under paragraph 13 may disapply or otherwise modify...
Minor and consequential amendments and repeals
Teaching Council (Scotland) Act 1965 (c. 19)
1.The Teaching Council (Scotland) Act 1965 is amended as follows....
2.In section 6— (a) in subsection (2C), for the words...
3.In section 10B(1)(b)— (a) paragraphs (i) to (iii), and
4.In section 11(8), for the words from “such” to “but”...
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...
7.In section 99(1A)— (a) in paragraph (g)(ii), for “disqualified from...
8.In section 135(1)— (a) after the definition of “attendance order”...
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—
11.In section 15, after subsection (2) insert—
12.In section 21, before the definition of “care home service”...
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,...
15.In section 110(1)(a), the words “, the proposal to make...
16.Section 111(3) is repealed.
17.In section 116, for subsection (2) substitute—
18.In section 118— (a) in subsection (4), for the words...
19.In section 121A(1), the words “(other than an appeal under...
20.In section 173(2), the words “or (cb)” are repealed.
21.In section 175— (a) in subsection (2)—
22.Section 181(4) is repealed.
23.In section 186— (a) the words “or (cb)”, where they...
24.In section 187(1), the words “or (cb)” are repealed.
25.In section 189— (a) subsection (2A) is repealed,
26.In section 193A(1), the words “(other than by way of...
Police Act 1997 (c. 50)
27.Part 5 of the 1997 Act is amended as follows....
28.In section 113A, after subsection (5) insert—
29.After section 113B insert— Suitability information relating to children (1) In such cases as are prescribed, an enhanced criminal...
30.Sections 113C to 113F are repealed.
31.In section 114— (a) in subsection (2), for “a Minister...
32.In section 116— (a) in subsection (2), for “a Minister...
33.In section 117, after subsection (2) insert—
34.In section 118— (a) in subsection (2A)(a), for “United Kingdom...
35.In section 119A(2), the words from “; and” to the...
36.In section 120(5)(b) for the words from “countersign” to “113B”...
37.In section 120A— (a) in subsection (3)(b), for “included in...
38.Section 121 is repealed.
39.In section 122— (a) in subsection (3)—
40.Before section 123 insert— Delegation of functions of Scottish Ministers...
41.In section 126(1), after the definition of “Minister of the...
Protection of Children (Scotland) Act 2003 (asp 5)
42.The whole Act (other than sections 13 and 16) is...
Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5)
43.Section 24(1) of the Criminal Procedure (Amendment) (Scotland) Act 2004...
Charities and Trustee Investment (Scotland) Act 2005 (asp 10)
44.Paragraph 15 of schedule 4 to the Charities and Trustee...
Inquiries Act 2005 (c. 12)
45.Part 2 of Schedule 2 to the Inquiries Act 2005...
Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10)
46.The following provisions of the Police, Public Order and Criminal...