The Protection of Vulnerable Groups (Scotland) Act 2007 (Transitory Provisions in Consequence of the Safeguarding Vulnerable Groups Act 2006) Order 2009

Citation and commencement

1.—(1) This Order may be cited as the Protection of Vulnerable Groups (Scotland) Act 2007 (Transitory Provisions in Consequence of the Safeguarding Vulnerable Groups Act 2006) Order 2009.

(2) This Order comes into force on the same day as the Safeguarding Vulnerable Groups Act 2006 (Transitory Provisions) Order 2009(1).

Interpretation

2.  In this Order–

“the 2006 Act” means the Safeguarding Vulnerable Groups Act 2006(2);

“the IBB” means the Independent Barring Board established under section 1 (Independent Barring Board) of the 2006 Act; and

“the SVG (Transitory Provisions) Order” means the Safeguarding Vulnerable Groups Act 2006 (Transitory Provisions) Order 2009.

Effect of the Order

3.  This Order has effect until the commencement, for all purposes, of all of section 3 (barred persons) of the 2006 Act.

Effect of listing by the IBB – children’s barred list

4.—(1) This article applies where the IBB, in exercise of its functions under the SVG (Transitory Provisions) Order, includes a person (X) in the children’s barred list established and maintained under section 2 (barred lists) of the 2006 Act.

(2) X is to be treated as if included in the list kept under section 1 (duty of Secretary of State to keep list) of the Protection of Children Act 1999(3), and any reference in–

(a) the Protection of Children (Scotland) Act 2003(4),

(b) Part 5 (certificates of criminal records, &c.) of the Police Act 1997(5), or

(c) any subordinate legislation made under Part 5 of the Police Act 1997,

to a person included in the list kept under section 1 of the Protection of Children Act 1999 includes a reference to a person to be treated as if included in that list in accordance with this article.

(3) In section 98A(6) (application for registration of independent school) of the Education (Scotland) Act 1980(6) the reference to section 17 of the Protection of Children (Scotland) Act 2003 is to be construed in accordance with this article.

Effect of listing by the IBB – adults' barred list

5.—(1) This article applies where the IBB in exercise of its functions under the SVG (Transitory Provisions) Order, includes a person (X) in the adults' barred list established and maintained under section 2 of the 2006 Act.

(2) X is to be treated as if included in the list kept under section 81 (duty of Secretary of State to keep list) of the Care Standards Act 2000(7) and any reference in Part 5 of the Police Act 1997 or in any subordinate legislation made under that Part to a person included in the list kept under section 81 of the Care Standards Act 2000 includes a reference to a person as if included in that list in accordance with this article.

ADAM INGRAM

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

14th January 2009