The Protection of Vulnerable Groups (Scotland) Act 2007 (Referrals by Organisations and Other Bodies) (Prescribed Information) Regulations 2010

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made under sections 3(1) and (2), 4, 5, 6(2) and 8(1) of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14) (“the Act”) and set out the prescribed information for the purposes of sections 3(1) and (2), 4, 5, 6(2) and 8(1) of the Act.

Organisations, personnel suppliers carrying on employment agencies or employment businesses and regulatory bodies making a referral to the Scottish Ministers under any of the relevant sections must provide in that referral any of the prescribed information set out in Schedules 1 and 2, as applicable. Anyone making a referral is only required to provide the prescribed information which it holds (sections 3(1) and (2), 4, 5, 6(2) and 8(1) of the Act) and is not obliged to make enquiries to ascertain any information prescribed under these Regulations.

On receipt of the prescribed information the Scottish Ministers must, under section 10 of the Act, determine whether they are satisfied that the information indicates that it may be appropriate to list the individual in the children’s list, or adults’ list as the case may be. The procedure to be followed by the Scottish Ministers in conducting this consideration is set out in the Protection of Vulnerable Groups (Scotland) Act 2007 (Consideration for Listing) Regulations 2010 (S.S.I. 2010/183).