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

Explanatory Note

(This note is not part of the Order)

This Order makes amendments in consequence of provisions made by virtue of the Safeguarding Vulnerable Groups Act 2006 (“the 2006 Act”).

The Safeguarding Vulnerable Groups Act 2006 (Transitory Provisions) Order 2009, made under section 64 of the 2006 Act, makes provision for the Independent Barring Board (“the IBB”) to replace the Secretary of State as the body who decides who is barred from working with children and/or vulnerable adults, in advance of the 2006 Act coming into force for all purposes.

During this transitory period persons who would have been referred to the Secretary of State for consideration for inclusion in the list kept under section 1 of the Protection of Children Act 1999 (“the 1999 Act”) or the list kept under section 81 of the Care Standards Act 2000 (“the 2000 Act”), or to be made subject to a direction under section 142 of the Education Act 2002 are to be referred to the IBB for inclusion, or consideration for inclusion, in the appropriate list established and maintained under section 2 (barred lists) of the 2006 Act.

The Safeguarding Vulnerable Groups Act 2006 (Transitory Provisions) Order 2009, provides that people listed by the IBB in either (or both) of the lists kept under section 2 of the 2006 Act, are to be treated, in the law of England and Wales, as if they were listed under section 1 of the 1999 Act and subject to a direction under section 142 of the Education Act 2002 or listed under section 81 of the 2000 Act, as the case may be. That Order will have effect until the commencement for all purposes of section 3 (barred persons) of the 2006 Act.

This Order makes similar consequential provision for Scotland. It provides that persons listed in either of the lists established and maintained under section 2 of the 2006 Act are to be treated, in Scots law, as listed in the list kept under section 1 of the 1999 Act or section 81 of the 2000 Act, as the case may be.

In particular any reference in Part 5 of the Police Act 1997 or section 17 of the Protection of Children (Scotland) Act 2003 to a person included in the list kept under section 1 of the 1999 Act includes a reference to a person to be treated as if included in that list by virtue of this Order. Similarly any reference in Part 5 of the Police Act 1997 to a person included in the list kept under section 81 of the 2000 Act includes a reference to a person to be treated as if included in that list in accordance with this Order.