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Protection of Vulnerable Groups (Scotland) Act 2007
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- 2007 asp 14
- Part 1
- Appeals against listing
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 30A inserted by S.I. 2009/1182 Sch. 5 para. 12
- s. 30A(5) words substituted by 2012 c. 7 Sch. 15 para. 56(f)
- s. 30A(6) inserted by 2012 c. 7 Sch. 15 para. 58
Commencement Orders yet to be applied to the Protection of Vulnerable Groups (Scotland) Act 2007:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
- S.S.I. 2007/385 art. 2 Sch. commences (2007 asp 14)
- S.S.I. 2007/564 art. 2 Sch. commences (2007 asp 14)
- S.S.I. 2010/133 art. 2 Sch. commences (2007 asp 14)
- S.S.I. 2010/344 art. 2 commences (2007 asp 14)
- S.S.I. 2011/157 art. 2 commences (2007 asp 14)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2010/1621 art. 1 2 commences (S.I. 2010/231)
- S.I. 2012/1319 art. 2(4) commences (2012 c. 7)
- S.S.I. 2010/321 art. 3 commences (2010 asp 8)
- S.S.I. 2011/122 art. 2 3 commences (2010 asp 8)
Prospective
Appeals against listingS
21Appeals against inclusion in children's listS
(1)An individual listed under section 15 may appeal to the sheriff against Ministers' decision to list the individual in the children's list.
(2)Such an appeal must be lodged—
(a)within 3 months of the date on which the individual was listed, or
(b)by such later date as the sheriff may, on cause shown, allow.
(3)The sheriff must determine an appeal under subsection (1)—
(a)where the sheriff is satisfied by information relating to the individual's conduct that the individual is unsuitable to work with children, by confirming Ministers' decision to list the individual in the children's list, or
(b)where the sheriff is not so satisfied, by directing Ministers to remove the individual from the children's list.
22Appeals against inclusion in adults' listS
(1)An individual listed under section 16 may appeal to the sheriff against Ministers' decision to list the individual in the adults' list.
(2)Such an appeal must be lodged—
(a)within 3 months of the date on which the individual was listed, or
(b)by such later date as the sheriff may, on cause shown, allow.
(3)The sheriff must determine an appeal under subsection (1)—
(a)where the sheriff is satisfied by information relating to the individual's conduct that the individual is unsuitable to work with protected adults, by confirming Ministers' decision to list the individual in the adults' list, or
(b)where the sheriff is not so satisfied, by directing Ministers to remove the individual from the adults' list.
23Further appeals in relation to inclusion in either listS
(1)The sheriff's determination under section 21 or 22 may be appealed to the sheriff principal by—
(a)the individual, or
(b)Ministers.
(2)The sheriff principal's determination of an appeal under subsection (1) may, with the leave of the sheriff principal, be appealed to the Inner House of the Court of Session on a point of law by—
(a)the individual, or
(b)Ministers.
(3)The decision of—
(a)the sheriff principal, or
(b)if leave is granted to appeal to the Inner House, that House,
on any appeal is final.
24Appeals in relation to listing: supplementaryS
(1)No finding of fact on which any conviction is based may be challenged on an appeal under section 21, 22 or 23.
(2)Any court proceedings under section 21, 22 or 23 may take place in private if the court considers it appropriate in all the circumstances.
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