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Protection of Vulnerable Groups (Scotland) Act 2007
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- 2007 asp 14
- Part 2
- Fees, forms and other procedures
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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
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.S.I. 2010/321 art. 3 commences (2010 asp 8)
- S.S.I. 2011/122 art. 2 3 commences (2010 asp 8)
Prospective
Fees, forms and other proceduresS
70FeesS
(1)Ministers may charge such fee as may be prescribed—
(a)in respect of applications to join, or to be removed from, the Scheme,
(b)in respect of disclosure requests, and
(c)otherwise in respect of the performance of their functions under this Part.
(2)Regulations may, in particular, provide for—
(a)different fees in different circumstances,
(b)annual or other recurring fees in respect of participation in the Scheme,
(c)reduction, waiver or refund of fees in prescribed circumstances.
(3)Before prescribing fees under this section, Ministers must have regard to—
(a)the circumstances in which those fees are payable, and
(b)the desirability of maintaining an appropriate balance among—
(i)the quality of the performance of their vetting, barring and disclosure functions,
(ii)the cost of that performance, and
(iii)the fees paid to them in respect of that performance.
(4)Where regulations provide for a fee to be charged in respect of—
(a)an application to join, or to be removed from, the Scheme, or
(b)a disclosure request,
Ministers need not consider the application or request unless the fee is paid.
71FormsS
(1)It is for Ministers to determine the form and manner in which—
(a)applications to join, or to be removed from, the Scheme,
(b)requests to correct a scheme record, and
(c)disclosure requests (including disclosure declarations made in relation to them),
must be made.
(2)Ministers may, in particular, determine that any such application, request or declaration may be made in electronic form.
(3)Ministers need not consider any such application, request or declaration 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).
72ProcedureS
(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,
(b)prescribe circumstances in which scheme members are to be removed from the Scheme,
(c)prescribe circumstances in which disclosure condition A (see section 55) is to be treated as being satisfied when a person other than a scheme member makes a disclosure request in respect of that member,
(d)prescribe further procedure relating to making disclosure requests and to disclosing information in pursuance of such requests.
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