Protection of Vulnerable Groups (Scotland) Act 2007

39 Restrictions on listing in children’s list

(1) Ministers need not list an individual (nor consider an individual for listing) in the children’s list if the individual is already barred from regulated work with children by virtue of being included in the children’s barred list maintained under section 2 of the Safeguarding Vulnerable Groups Act 2006 (c. 47) (“the SVG Act”).

(2) Ministers need not consider an individual for listing in the children’s list if—

(a) they consider that it would be more appropriate for the individual’s case to be considered by the Independent Barring Board (“IBB”), or

(b) subsection (3) applies.

(3) This subsection applies where—

(a) IBB has decided, under paragraph 2, 3, 5, 17 or 18 of schedule 3 to the SVG Act, that it is not appropriate to include the individual in the children’s barred list maintained under section 2 of that Act, and

(b) Ministers are satisfied that all information relating to the individual which they consider relevant to their decision whether to consider to list the individual was considered by IBB before it made its decision.

(4) Where—

(a) in pursuance of subsection (2)(a), Ministers do not consider an individual for listing in the children’s list, and

(b) IBB considers the individual’s case,

section 30 applies (with any necessary modifications) as if Ministers are considering to list the individual in the children’s list.

(5) Ministers need not list an individual in the children’s list under section 14 if—

(a) IBB is required, by virtue of paragraph 1 of schedule 3 to the SVG Act, to include the individual in the children’s barred list maintained under section 2 of that Act, and

(b) Ministers consider that it would be more appropriate for the individual to be included in the list maintained under section 2 of that Act than in the children’s list.