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Protection of Vulnerable Groups (Scotland) Act 2007

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This is the original version (as it was originally enacted).

30Notice of listing etc.

This section has no associated Explanatory Notes

(1)Subsection (2) applies where—

(a)an individual has been listed under section 14, 15 or 16,

(b)Ministers become aware that an individual has otherwise been barred from doing regulated work with children or adults, or

(c)Ministers are considering whether to list an individual by virtue of sections 10 to 13.

(2)Where this subsection applies, Ministers must notify the persons specified in subsection (3) of the fact—

(a)that the individual has been barred from doing regulated work with children or adults, or, as the case may be

(b)that they are considering whether to list the individual.

(3)Those persons are—

(a)the individual concerned,

(b)where—

(i)the individual has been barred from regulated work with children, or

(ii)Ministers are considering whether to list the individual in the children’s list,

any organisation for which they know the individual is doing regulated work with children,

(c)where—

(i)the individual has been barred from regulated work with adults, or

(ii)Ministers are considering whether to list the individual in the adults' list,

any organisation for which they know the individual is doing regulated work with adults, and

(d)any relevant regulatory body whom Ministers think it would be appropriate to notify of that fact.

(4)Where, after considering whether to list an individual, Ministers decide not to do so, they must give notice of that fact to—

(a)the individual,

(b)where Ministers have decided not to include the individual in the children’s list, any organisation for which they know the individual is doing regulated work with children,

(c)where Ministers have decided not to include the individual in the adults' list, any organisation for which they know the individual is doing regulated work with adults, and

(d)any relevant regulatory body to whom Ministers gave notice under subsection (2) of the fact that they were considering whether to list the individual.

(5)A notice given under subsection (2) or (4) may include—

(a)such details as Ministers think appropriate—

(i)where the individual has been barred (by being listed or otherwise), about the circumstances in which the individual was barred,

(ii)where they have decided not to list an individual, about the circumstances in which the individual was considered for listing, and

(b)any other information about the individual which Ministers think appropriate.

(6)Where Ministers remove an individual from a list under section 29, they must give notice of that fact to—

(a)the individual, and

(b)any relevant regulatory body whom they think it would be appropriate to notify of that fact (having regard to the period for which the individual has been listed).

(7)The following persons are “relevant regulatory bodies”—

  • The General Teaching Council for Scotland

  • The Scottish Commission for the Regulation of Care

  • The Scottish Social Services Council

  • Any other person specified in an order made by Ministers

(8)A notice which this section requires to be given to an individual may be given—

(a)by delivering it to the individual,

(b)by leaving it at the individual’s usual or last known place of abode, or

(c)by sending it by post to the individual at that place.

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