Schedule 4: Minor and Consequential Amendments and Repeals
212.This schedule is introduced by section 88. It makes amendments to the Teaching Council (Scotland) Act 1965, the Foster Children (Scotland) Act 1984, the Criminal Procedure Act and Police Act. Importantly, PoCSA is largely repealed.
Teaching Council (Scotland) Act 1965
213.Paragraphs 1, 3 and 4 allow the General Teaching Council for Scotland (GTCS) to investigate convictions and misconduct relating to individuals who have applied to be registered as teachers. They allow the GTCS to regulate trainee teachers in the same way as registered teachers, monitoring and considering their suitability to work as a teacher.
214.Paragraph 2 reflects the replacement of DWCL established by PoCSA with the children's list established by this Act.
Education (Scotland) Act 1980
215.Paragraphs 5 to 8 amend the Education (Scotland) Act 1980 to reflect the replacement of DWCL established by PoCSA with the children's list established by this Act.
Foster Children (Scotland) Act 1984
216.Paragraphs 9 to 12 make consequential amendments to sections 7, 15 and 21 of the Foster Children (Scotland) Act 1984. These make it an offence for a person, who lives in the same premises as a barred person, to foster a child. A defence is provided where the person proves that he or she did not know, or had no reasonable grounds for believing, that any other person in the premises was barred.
Criminal Procedure (Scotland) Act 1995
217.Paragraphs 13 to 26 make amendments to the Criminal Procedure Act consequential upon the repeal of PoCSA (effected by paragraph 42). These provisions in the Criminal Procedure Act were inserted by PoCSA and make provision relating to appeals against a court’s decision to refer an individual to the Scottish Ministers for listing. The Act has changed the court’s powers and duties to make such referrals. In addition the Scottish Ministers are also no longer obliged to list a person who is the subject of a court referral but at most to consider whether it is appropriate to list them. An appeal against any subsequent listing decision is provided for by section 21 or 22 of the Act. Consequently these provisions of the Criminal Procedure Act are no longer required.
Police Act 1997
218.Paragraph 27 identifies the following paragraphs as amending Part 5 of the Police Act. Paragraph 28 allows the Scottish Ministers to withhold a standard or enhanced disclosure certificate under Part 5 if a scheme record disclosure could be obtained. Individuals seeking disclosure to do regulated work should be requesting disclosure records under this Act and not certificates under the Police Act.
219.Paragraphs 29, 30, 31, 32 and 35 make a number of technical changes to Part 5 of the Police Act to allow for information about barred status (in terms of this Act) to be included on enhanced disclosure certificates in the few situations where it would not be appropriate for those individuals to become scheme members, but it is right that, as well as conviction information, the employer receives information about barred status, for example, where somebody is applying to adopt a child.
220.Paragraphs 31 and 32 (and paragraph 41) also make provision for Crown work in the Police Act, mirroring section 56 of this Act.
221.Paragraph 33 makes amendments to section 117 of the Police Act which brings the provision for correcting an inaccurate disclosure in line with provision at section 51 of this Act.
222.Paragraph 34 makes amendments to section 118 of the Police Act which correspond to that made at section 63 of this Act in respect of use of fingerprints and updates the reference to the Identity and Passport Service (as at section 64 of this Act).
223.Paragraphs 36 and 39 make consequential amendments to provision in the Police Act for registered persons. These paragraphs supplement references to countersigning applications for standard or enhanced disclosure with references to making declarations in relation to disclosure requests for scheme record disclosure or short scheme record disclosure.
224.Paragraph 37 is a consequential amendment which updates references to some of the sources of information that will be checked when an assessment is being made about the suitability of an individual to become, or continue to be, a registered person under Part 5 of the Police Act. The existing references which are to the English lists and the DWCL (under PoCSA) are replaced with a reference to being barred under this Act.
225.Paragraphs 38 and 40 make provision for the Scottish Ministers to delegate their functions under Part 5 of the Police Act in the same way as section 74 of this Act makes provision for delegation of vetting and disclosure functions under this Act. Section 122B of the Police Act, exercised together with section 74 of this Act, would enable all types of disclosure to be contracted out to a third party.
Protection of Children (Scotland) Act 2003
226.Paragraph 42 substantively repeals PoCSA.
Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5)
227.Paragraph 43 repeals section 24(1) of the Criminal Procedure (Scotland) Act 2004 which made amendments to section 10 of PoCSA which is to be repealed by paragraph 42.
Charities and Trustee Investment (Scotland) Act 2004 (asp 10)
228.Paragraph 44 repeals paragraph 15 of schedule 4 to the Charities and Trustee Investment (Scotland) Act 2005. That provision made an amendment to paragraph 12 of schedule 2 to PoCSA which is also to be repealed by paragraph 42.
Inquiries Act 2005 (c.12)
229.Paragraph 45 repeals Part 2 of schedule 2 to the Inquiries Act 2005 which makes amendment to a section of PoCSA which is also to be repealed by paragraph 42.
Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10)
230.Paragraph 46 repeals certain provisions of the Police, Public Order and Criminal Justice (Scotland) Act 2006 that would have transferred the Scottish Ministers’ functions under Part 5 of the Police Act (the functions carried out by Disclosure Scotland) to the Scottish Police Services Authority.
