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Protection of Vulnerable Groups (Scotland) Act 2007

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Protection of Vulnerable Groups (Scotland) Act 2007, Section 40 is up to date with all changes known to be in force on or before 22 September 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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40Restrictions on listing in adults' listS

This section has no associated Explanatory Notes

(1)Ministers need not list an individual (nor consider an individual for listing) in the adults' list if the individual is already barred from regulated work with adults F1...

(2)Ministers need not consider an individual for listing in the adults' list if—

(a)they consider that it would be more appropriate for the individual's case to be [F2 dealt with ] by the [F3 Independent Safeguarding Authority ] (“[F3 ISA ]”), or

(b)subsection (3) applies.

(3)This subsection applies where—

[F4(a) the individual’s case has been dealt with in pursuance of relevant corresponding legislation, 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 [F5before, or when, the individual’s case was last dealt with in pursuance of the relevant corresponding legislation].

(4)Where—

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

(b)[F3ISA] [F6 deals with ] the individual's case,

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

(5)Ministers need not list an individual in the adults' list under section 14 if [F7 they consider that it would be more appropriate for the individual’s case to be dealt with by ISA.]

F8(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F9(6)Where—

(a)in pursuance of subsection (5), Ministers do not list an individual in the adults’ list under section 14, and

(b)ISA deals with the individual’s case,

section 30 applies (with any necessary modifications) as if Ministers had listed the individual in the adults’ list under section 14.

(7)In this section “relevant corresponding legislation” means—

(a) Part 7 of the Care Standards Act 2000 (c.14) ,

(b)the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003,

(c) the Safeguarding Vulnerable Groups Act 2006 (c.47) ,

(d)the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007.]

Textual Amendments

F1Words in s. 40(1) repealed (18.4.2010 for specified purposes, coming into force in accordance with art. 1(2)) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010 (S.S.I. 2010/446), arts. 1(2), 8(2)

F2Words in s. 40(2)(a) substituted (18.4.2010 for specified purposes, coming into force in accordance with art. 1(2)) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010 (S.S.I. 2010/446), arts. 1(2), 8(3)

F3Words in s. 40 substituted (12.11.2009) by Policing and Crime Act 2009 (c. 26), ss. 81(2)(3)(n), 116(5)(a)

F4S. 40(3)(a) substituted (18.4.2010 for specified purposes, coming into force in accordance with art. 1(2)) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010 (S.S.I. 2010/446), arts. 1(2), 8(4)(a)

F5Words in s. 40(3)(b) substituted (18.4.2010 for specified purposes, coming into force in accordance with art. 1(2)) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010 (S.S.I. 2010/446), arts. 1(2), 8(4)(b)

F6Words in s. 40(4)(b) substituted (18.4.2010 for specified purposes, coming into force in accordance with art. 1(2)) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010 (S.S.I. 2010/446), arts. 1(2), 8(5)

F7Words in s. 40(5) inserted (18.4.2010 for specified purposes, coming into force in accordance with art. 1(2)) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010 (S.S.I. 2010/446), arts. 1(2), 8(6)(a)

F8S. 40(5)(a)(b) repealed (18.4.2010 for specified purposes, coming into force in accordance with art. 1(2)) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010 (S.S.I. 2010/446), arts. 1(2), 8(6)(b)

F9S. 40(6)(7) inserted (18.4.2010 for specified purposes, coming into force in accordance with art. 1(2)) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010 (S.S.I. 2010/446), arts. 1(2), 8(7)

Commencement Information

I1S. 40 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

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