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Protection of Vulnerable Groups (Scotland) Act 2007

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SCHEDULE 1SRelevant offences

(introduced by section 32)

1An offence falls within this paragraph if it is—S

(a)an offence under section 12 (cruelty to children under 16) of the Children and Young Persons (Scotland) Act 1937 (c. 37),

(b)an offence under section 15 (causing or allowing children under 16 to be used for begging or procuring alms) of that Act,

(c)an offence under section 22 (exposing a child under 7 to risk of burning) of that Act,

(d)an offence under section 33 (causing or allowing children under 17 to participate in performances which endanger life or limb) of that Act,

(e)an offence under section 52 (taking, distributing, showing, or publishing etc. any indecent photograph or pseudo-photograph of a child) of the Civic Government (Scotland) Act 1982 (c. 45),

(f)an offence under section 52A (possessing any indecent photograph or pseudo-photograph of a child) of that Act,

(g)an offence under section 2 (intercourse with a step-child) of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39),

(h)an offence under section 3 (intercourse of person in position of trust with child under 16) of that Act,

(i)an offence under section 5 (intercourse with girl under 16) of that Act,

(j)an offence under section 6 (indecent behaviour towards girl between 12 and 16) of that Act,

(k)an offence under section 8 (abduction and unlawful detention of unmarried girl under 18) of that Act,

(l)an offence under section 9 (permitting girl under 16 to use premises for intercourse) of that Act,

(m)an offence under section 10 (causing or encouraging the seduction of, the prostitution of, unlawful intercourse with or the commission of an indecent assault on a girl under 16) of that Act,

(n)an offence under section 12 (allowing child who is 4 or over but under 16 to be in a brothel) of that Act,

(o)an offence under section 13(5)(c) (homosexual acts with a boy under 16) of that Act,

(p)an offence under section 3 (sexual activity of person in position of trust with child) of the Sexual Offences (Amendment) Act 2000 (c. 44),

(q)an offence under section 1 (meeting a child following certain preliminary contact) of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9),

(r)an offence under section 7 (breach of risk of sexual harm order or interim risk of sexual harm order) of that Act,

(s)an offence under section 9 (paying for sexual services of a child) of that Act,

(t)an offence under section 10 (causing or inciting provision by child of sexual services or child pornography) of that Act,

(u)an offence under section 11 (controlling a child providing sexual services or involved in pornography) of that Act,

(v)an offence under section 12 (arranging or facilitating provision by child of sexual services or child pornography) of that Act.

2An individual falls within this paragraph if the individual—S

(a)commits an offence under section 4(3) (offering or supplying controlled drugs) of the Misuse of Drugs Act 1971 (c. 38) in relation to a child,

(b)commits an offence under section 1 (incest) of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39) by having sexual intercourse with a child,

(c)commits an offence under section 7 (procuring unlawful intercourse etc.) of that Act in relation to a child,

(d)commits an offence under section 11 (trading in prostitution and brothel-keeping) of that Act in relation to a child,

(e)commits an offence under section 13(6) (procuring commission of homosexual act between males) of that Act by procuring, or attempting to procure, a child to commit a homosexual act,

(f)commits any other offence which caused, or was intended to cause, bodily injury to a child,

(g)commits any other offence by engaging in lewd, indecent or libidinous practice or behaviour towards a child.

SCHEDULE 2SRegulated work with children

(introduced by section 91)

Part 1 SPreliminary

Regulated work with childrenS

1Regulated work with children is work in—S

(a)a position whose normal duties include carrying out an activity mentioned in Part 2,

(b)a position (other than a position mentioned in sub-paragraph (a)) whose normal duties include work in an establishment mentioned in Part 3,

(c)a position mentioned in Part 4, or

(d)a position whose normal duties include the day to day supervision or management of an individual doing regulated work with children by virtue of sub-paragraph (a) or (b).

Exceptions relating to children's employment and workS

2Work which would be regulated work with children by virtue of any of paragraphs 3 to 7 is not, despite those provisions, regulated work with children if—S

(a)the activity concerned is carried out in relation to children aged 16 or 17 in the course of the children's work, or

(b)in the case of the activities referred to in paragraphs 5 and 6, the activity is carried out in relation to children under the age of 16 in the course of the children's employment.

Part 2 SActivities

Caring for childrenS

3Caring for children (except caring for children which is merely incidental to caring for individuals who are not children).S

Teaching, instructing, training or supervising childrenS

4Teaching, instructing, training or supervising children (except teaching, instructing, or training children which is merely incidental to teaching, instructing, or training individuals who are not children).S

Being in sole charge of childrenS

5Being in sole charge of children.S

Unsupervised contact with childrenS

6Contact with children—S

(a)under arrangements made by a responsible person, but

(b)in the absence of—

(i)a responsible person,

(ii)a person carrying out an activity mentioned in paragraph 3, 4 or 5, or

(iii)an 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—

(a)the child's parent or guardian,

(b)any person aged 18 or over with whom the child lives,

(c)the person in charge of any establishment mentioned in Part 3 in which the child is accommodated, is a patient or receives education (and any person acting on behalf of such a person),

(d)a person who provides day care of children, within the meaning of section 2 of the 2001 Act,

(e)any person holding a position mentioned in Part 4, and

(f)any person holding a position in a children's charity, within the meaning of paragraph 27.

“Family relationship” and “personal relationship” have the meanings given in section 95.

Providing advice or guidance to childrenS

7Providing advice or guidance to a child or to particular children which relates to physical or emotional well-being, education or training (except providing advice or guidance to a child or to particular children which is merely incidental to providing advice or guidance to individuals who are not children).S

Moderating certain interactive communication servicesS

8Moderating a public electronic interactive communication service which is intended for use wholly or mainly by children. A person moderates such a service if, for the purpose of protecting children, the person has any function relating to—S

(a)monitoring the content of matter which forms any part of the service,

(b)removing matter from, or preventing the addition of matter to, the service, or

(c)controlling access to, or use of, the service.

But a person only moderates such a service as mentioned in sub-paragraph (b) or (c) if the person has—

(i)access to the content of the matter, or

(ii)contact with users of the service.

Provision of care home servicesS

9Providing, or working for an organisation which provides, a care home service which is provided exclusively or mainly for children (but only if doing anything permitted or required in connection with the position gives the holder of the position the opportunity to have contact with children).“Care home service” has the same meaning as in the 2001 Act.S

Provision of independent health care servicesS

10Providing, or working for an organisation which provides, an independent health care service which is provided exclusively or mainly for children (but only if doing anything permitted or required in connection with the position gives the holder of the position the opportunity to have contact with children).“Independent health care service” has the same meaning as in the 2001 Act.S

Work on day care premisesS

11Work on any part of day care premises at times when children are being looked after in that part.“Day care premises” means premises at which day care of children, within the meaning of section 2 of the 2001 Act, is provided.S

Part 3 SEstablishments

Children's detention institutionS

12An institution which is exclusively or mainly for the detention of children.“Detention” means detention by virtue of an order of a court or under an enactment.S

Children's hospitalS

13A hospital which is exclusively or mainly for the reception and treatment of children.“Hospital” has the meaning given by section 108(1) (interpretation) of the National Health Service (Scotland) Act 1978 (c. 29).S

Educational institutions etc.S

14A school.S

15A further education institution.“Further education institution” means a body listed under the heading “Institutions formerly eligible for funding by the Scottish Further Education Funding Council” in schedule 2 to the Further and Higher Education (Scotland) Act 2005 (asp 6).S

Ministers may by order amend the definition of “further education institution” so as to include or exclude bodies listed in that schedule.

16A hostel used mainly by pupils attending a school or institution mentioned in paragraph 14 or 15 respectively.S

Children's homeS

17A home which is exclusively or mainly for children and is provided by a council under—S

(a)section 59 (provision by councils of residential and other establishments) of the Social Work (Scotland) Act 1968 (c. 49), or

(b)section 25 (provision of care and support services by local authority) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13).

Part 4 SPositions

Manager of educational institutions etc.S

18Manager, or member of a governing body, body of trustees or other body responsible for the management, of a school, further education institution or hostel mentioned in paragraphs 14 to 16 (but not a member of a council).S

Member of council committeeS

19Member of—S

(a)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,

(b)a sub-committee which discharges any functions of any such committee.

Member of children's panel etc.S

20Member of—S

(a)a children's panel established by section 39(1) of the Children (Scotland) Act 1995 (c. 36),

(b)a Children's Panel Advisory Committee,

(c)a joint advisory committee established under paragraph 8(1) of Schedule 1 to that Act,

(d)a sub-committee which discharges any functions of any committee mentioned in sub-paragraph (b) or (c).

Chief social work officerS

21Chief social work officer of a council.S

Chief education officerS

22Chief education officer (however called) of a council.S

Commissioner for Children and Young People in ScotlandS

23Commissioner for Children and Young People in Scotland.S

24Member of that Commissioner's staff.S

Registrar of Independent Schools in ScotlandS

25Registrar of Independent Schools in Scotland.S

FosteringS

26Foster carer.S

Charity trusteeS

27Charity trustee of a children's charity.“Children's charity” means a charity whose—S

(a)workers normally include individuals doing regulated work with children (other than work which is regulated work with children by virtue only of this paragraph), or

(b)main purpose is to provide benefits for children.

An individual works for a charity if the individual works under any arrangements made by the charity (other than arrangements made for purposes which are incidental to the purposes for which the charity is established).

Part 5 SGeneral

Power to amend scheduleS

28Ministers may by order modify this schedule as they think appropriate.S

29An order under paragraph 28 may disapply or otherwise modify the application of sections 34 to 37 in relation to particular kinds of regulated work with children.S

SCHEDULE 3SRegulated work with adults

(introduced by section 91)

Part 1 SPreliminary

Regulated work with adultsS

1Regulated work with adults is work in—S

(a)a position whose normal duties include carrying out an activity mentioned in Part 2,

(b)a position (other than a position mentioned in paragraph (a)) whose normal duties include work in an establishment mentioned in Part 3,

(c)a position mentioned in Part 4, or

(d)a position whose normal duties include the day to day supervision or management of an individual doing regulated work with adults by virtue of sub-paragraph (a) or (b).

Part 2 SActivities

Caring for adultsS

2Caring for protected adults (except caring for protected adults under the age of 18 which is merely incidental to caring for children generally).S

Teaching, instructing, training and supervising adultsS

3Teaching, instructing, training or supervising protected adults (except teaching, instructing, training or supervising protected adults which is merely incidental to teaching, instructing, training or supervising individuals who are not protected adults).S

Being in sole charge of adultsS

4Being in sole charge of protected adults (except being in sole charge of protected adults which is merely incidental to being in sole charge of individuals who are not protected adults).S

Providing assistance, advice or guidance to adultsS

5Providing assistance, advice or guidance to a protected adult or particular protected adults which relates to physical or emotional well-being, education or training (except providing assistance, advice or guidance to a protected adult or protected adults which is merely incidental to providing assistance, advice or guidance to individuals who are not protected adults).S

Provision of care home servicesS

6Providing, or working for an organisation which provides, a care home service but only if doing anything permitted or required in connection with the position gives the holder of the position the opportunity to have contact with protected adults (other than contact with protected adults who are under the age of 18 which is merely incidental to contact with children generally).“Care home service” has the same meaning as in the 2001 Act.S

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

7Inspecting adult care services (including inspecting any premises used for the purposes of providing such services) in pursuance of section 25 of the 2001 Act.S

  • An “adult care service” is—

    (a)

    a support service,

    (b)

    an adult placement service,

    (c)

    a care home service,

    (d)

    a housing support service, or

    (e)

    an independent health care service which provides services of the type prescribed under section 94(1)(b),

    not provided mainly or exclusively to children.

  • “Support service”, “adult placement service”, “care home service”, “housing support service”, and “independent health care service” have the same meanings as in the 2001 Act.

Part 3 SEstablishments

Care homeS

8A care home.“Care home” means accommodation occupied mainly or exclusively by individuals aged 16 or over which is provided by an organisation carrying on a care home service (within the meaning of the 2001 Act).S

Residential establishment or accommodationS

9A residential establishment or accommodation occupied exclusively or mainly by individuals aged 16 or over which is provided by, or the provision of which is secured by, a council under—S

(a)the Social Work (Scotland) Act 1968 (c. 49), or

(b)section 25 (provision of care and support services by local authority) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13).

Part 4 SPositions

Member of council committeeS

10Member of a committee (including joint committee) of a council which is concerned with the provision of education, accommodation, social services or health care services to protected adults. Any reference to a committee includes a reference to any sub-committee which discharges any functions of that committee.S

Chief social work officerS

11Chief social work officer of a council.S

Charity trusteeS

12Charity trustee of a charity whose—S

(a)workers normally include individuals doing regulated work with adults (other than work that is regulated work with adults by virtue only of this paragraph), or

(b)main purpose is the relief of those in need by reason of vulnerability.

An individual works for a charity if the individual works under any arrangements made by the charity (other than arrangements made for purposes which are incidental to the purposes for which the charity is established).

Part 5 SGeneral

Power to amend scheduleS

13Ministers may by order modify this schedule as they think appropriate.S

14An order under paragraph 13 may disapply or otherwise modify the application of sections 34 to 37 in relation to particular kinds of regulated work with adults.S

SCHEDULE 4SMinor and consequential amendments and repeals

(introduced by section 88)

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

1The Teaching Council (Scotland) Act 1965 is amended as follows.S

2In section 6—S

(a)in subsection (2C), for the words from “included” to “(asp 5)” substitute “ listed in the children's list kept under section 1(1)(a) of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14) ”,

(b)in subsection (2D), for “included (otherwise than provisionally)” substitute “ listed ”.

3In section 10B(1)(b)—S

(a)paragraphs (i) to (iii), and

(b)the word “and” which follows those paragraphs,

are repealed.

4In section 11(8), for the words from “such” to “but” substitute “ who has applied to be registered ”.S

Education (Scotland) Act 1980 (c. 44)S

5The Education (Scotland) Act 1980 is amended as follows.S

6In section 98A—S

(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);.

7In section 99(1A)—S

(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 ”.

8In section 135(1)—S

(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)S

9The Foster Children (Scotland) Act 1984 is amended as follows.S

10In section 7, after subsection (2) insert—S

(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))..

11In section 15, after subsection (2) insert—S

(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..

12In section 21, before the definition of “care home service” insert—S

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

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

13The 1995 Act is amended as follows.S

14In section 106(1)—S

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

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

15In section 110(1)(a), the words “, the proposal to make a reference was made” are repealed.S

16Section 111(3) is repealed.S

17In section 116, for subsection (2) substitute—S

(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..

18In section 118—S

(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,

(c)in subsection (7)—

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

(ii)paragraph (b),

are repealed.

19In section 121A(1), the words “(other than an appeal under section 106(1)(db) or (dc))” are repealed.S

20In section 173(2), the words “or (cb)” are repealed.S

21In section 175—S

(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, ”,

(c)in subsection (9), the words “or (cb)” are repealed.

22Section 181(4) is repealed.S

23In section 186—S

(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.

24In section 187(1), the words “or (cb)” are repealed.S

25In section 189—S

(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.

26In 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.S

Police Act 1997 (c. 50)S

27Part 5 of the 1997 Act is amended as follows.S

28In section 113A, after subsection (5) insert—S

(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))..

29After section 113B insert—S

113CASuitability information relating to children

(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.

113CBSuitability information relating to protected adults

(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.

113CCSuitability information: supplementary

(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..

30Sections 113C to 113F are repealed.S

31In section 114—S

(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).,

(c)in subsection (3), for “Sections 113A(3) to (6) and 113C to 113F” substitute “ Section 113A(3) to (6) ”.

32In section 116—S

(a)in subsection (2), for “a Minister of the Crown, or a person nominated by 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).,

(c)in subsection (3), for “113C to 113F” substitute “ 113CA to 113CC ”.

33In section 117, after subsection (2) insert—S

(3)An application under this section may, in particular, request a review of any information contained in a certificate by virtue of section 113B(4).

(4)The Scottish Ministers, on receiving such a request, must ask the chief officer of the relevant police force who provided that information to reconsider whether the chief officer still thinks that the information concerned might be relevant for the purpose in respect of which it was requested..

34In section 118—S

(a)in subsection (2A)(a), for “United Kingdom Passport Agency” substitute “ Identity and Passport Service ”,

(b)after subsection (2A) insert—

(2B)The Scottish Ministers may require an applicant to have fingerprints taken under subsection (2) only if they are not satisfied by other evidence provided under subsection (1) as to the applicant's identity.,

(c)for subsection (3) substitute—

(3)The Scottish Ministers must arrange the destruction of any fingerprints taken in pursuance of subsection (2) as soon as reasonably practicable after they have been used for the purpose mentioned in subsection (1)..

35In section 119A(2), the words from “; and” to the end of the subsection are repealed.S

36In section 120(5)(b) for the words from “countersign” to “113B” substitute S

“(i)countersign applications under section 113A or 113B; or

(ii)make declarations in relation to disclosure requests made under section 52 or 53 of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14),.

37In section 120A—S

(a)in subsection (3)(b), for “included in any list mentioned in section 113C(3) or 113D(3)” substitute “ barred from regulated work with children or adults (within the meaning of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14)) ”,

(b)in subsection (4)(b)(iii), after “applications” insert “ , or the making of declarations, ”.

38Section 121 is repealed.S

39In section 122—S

(a)in subsection (3)—

(i)after “113B” insert “ , or make a disclosure under section 52 or 53 of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), ”,

(ii)after “application” insert “ or, as the case may be, made the declaration in relation to the disclosure request ”,

(iii)after “countersigned”, where it appears in paragraph (b), insert “ or, as the case may be, made the declaration ”,

(b)in subsection (4)(b)—

(i)the words after “person” become sub-paragraph (i), and

(ii)after that new sub-paragraph insert ; or

(ii)has made or is likely to make a declaration in relation to a disclosure request made under section 52 or 53 of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14).

40Before section 123 insert—S

122BDelegation of functions of Scottish Ministers

(1)The Scottish 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)relating to the publishing or revising of a code of practice;

(c)relating to the laying of a code of practice before the Scottish Parliament;

(d)relating to the determination of an appropriate fee under section 113B(5A) or 119(3); or

(e)under section 125A.

(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 119..

41In section 126(1), after the definition of “Minister of the Crown” insert—S

office-holder in the Scottish Administration” has the same meaning as in the Scotland Act 1998 (c. 46);.

Protection of Children (Scotland) Act 2003 (asp 5)S

42The whole Act (other than sections 13 and 16) is repealed.S

Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5)S

43Section 24(1) of the Criminal Procedure (Amendment) (Scotland) Act 2004 is repealed.S

Charities and Trustee Investment (Scotland) Act 2005 (asp 10)S

44Paragraph 15 of schedule 4 to the Charities and Trustee Investment (Scotland) Act 2005 is repealed.S

Inquiries Act 2005 (c. 12)S

45Part 2 of Schedule 2 to the Inquiries Act 2005 is repealed.S

Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10)S

46The following provisions of the Police, Public Order and Criminal Justice (Scotland) Act 2006 are repealed—S

(a)section 3(2)(d),

(b)section 3(8), and

(c)paragraph 14(2) of schedule 1.

SCHEDULE 5SIndex

(introduced by section 97(6))

ExpressionInterpretation provision
the 1995 Actsection 97(1)
the 1997 Actsection 97(1)
the 2001 Actsection 97(1)
the adults' listsection 1(1)(b)
barred from regulated worksection 92
care servicesection 97(1)
charitysection 97(1)
charity trusteessection 97(1)
chief constablesection 97(1)
chief officer of a relevant police forcesection 97(5)
childsection 97(1)
the children's listsection 1(1)(a)
community care servicesection 94(4)
competent application for removal from the listsection 25(3)
conductsection 97(1)
councilsection 97(1)
direct paymentsection 94(4)
disciplinary proceedingssection 97(1)
disclosure conditionsection 55
disclosure declarationsection 97(1)
disclosure informationsection 68(4)
disclosure recordsection 97(1)
disclosure requestsection 97(1)
employment (and related words)section 97(1)
employment agencysection 97(1)
employment businesssection 97(1)
exempted questionsection 68(5)
foster carersection 96(1)
harmsection 93(1)
Health Boardsection 97(1)
Her Majesty's Inspectors of Schoolssection 97(1)
Independent Barring Board, IBBsection 97(1)
legal proceedingssection 97(1)
listed, listing (and related words)section 1
Ministerssection 97(1)
new vetting informationsection 47(4)
organisationsection 97(1)
permitted purposesection 67(3)
personal data holdersection 64(2)
personnel suppliersection 97(1)
placed at risk of harmsection 93(2)
police authoritysection 97(1)
police forcesection 97(1)
prescribedsection 97(1)
protected adultsection 94
referral groundsection 2
registrar of dentists and dental care professionalssection 97(1)
Registrar of health professionalssection 97(1)
Registrar of nurses and midwivessection 97(1)
registrar of pharmaceutical chemistssection 97(1)
regulated worksection 91(1)
regulated work with adultssection 91(3)
regulated work with childrensection 91(2)
relevant finding of factsection 17(5)
relevant functionssection 8(3)
relevant inquirysection 31(2)
relevant inquiry reportsection 31(3)
relevant offencesection 32
relevant police forcesection 97(5)
relevant regulatory bodysection 30(7)
Schemesection 44
scheme membersection 45(2)
scheme recordsection 48
schoolsection 97(1)
short scheme recordsection 53(3)
social work inspectorsection 97(1)
Special Health Boardsection 97(1)
staff transfer ordersection 86(1)
statement of scheme membershipsection 46(2)
type of regulated worksection 91(4)
vetting informationsection 49(1)
work, worker, workingsection 95

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