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The Protection of Vulnerable Groups (Scotland) Act 2007 (Consideration for Listing) Regulations 2010

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Citation and commencement

1.  These Regulations may be cited as the Protection of Vulnerable Groups (Scotland) Act 2007 (Consideration for Listing) Regulations 2010 and come into force on the same day as section 1 of the Protection of Vulnerable Groups (Scotland) Act 2007.

Interpretation

2.  In these Regulations—

the Act” means the Protection of Vulnerable Groups (Scotland) Act 2007;

“electronic communication” means an electronic communication as defined in section 15(1) of the Electronic Communications Act 2000(1);

“individual” is the person—

(a)

who is the subject of prescribed information given to Ministers under sections 3(1), 3(2), 4, 5, 6(2), 7(1), 7(3) or 8(1) of the Act;

(b)

to whom vetting information or other information under section 12 of the Act relates; or

(c)

who is named in a relevant inquiry report;

“referring body” means the organisation or person which has given prescribed information to Ministers under sections 3(1), 3(2), 4, 5, 6(2) or 8(1) of the Act; and

“working day” means a day which is not a Saturday, Sunday, a bank holiday in Scotland under the Banking and Financial Dealings Act 1971(2), or a day appointed for public thanksgiving or mourning.

Procedure for consideration under sections 10, 11, 12 or 13 of the Act whether to list

3.—(1) Part 1 of the Schedule applies when Ministers are considering, under section 10, 11, 12, or 13 of the Act, whether to list an individual in the children’s list, in the adults’ list or, where applicable, in both lists.

(2) The procedure set out in Part 2 of the Schedule applies when Ministers are considering, under section 10(2) or (3) of the Act, whether to list an individual in the children’s list, in the adults’ list or, where applicable, in both lists.

(3) The procedure set out in Part 3 of the Schedule applies when Ministers are considering, under section 11(2), (3) or (4) of the Act, whether to list an individual in the children’s list, in the adults’ list or, where applicable, in both lists.

(4) The procedure set out in Part 4 of the Schedule applies when Ministers are considering, under section 12(1) or (2) of the Act, whether to list an individual in the children’s list, in the adults’ list or, where applicable, in both lists.

(5) The procedure set out in Part 5 of the Schedule applies when Ministers are considering, under section 13(2) or (3) of the Act, whether to list an individual in the children’s list, in the adults’ list or, where applicable, in both lists.

(6) The procedure set out in Part 6 of the Schedule applies in relation to the appointment of expert advisers or suitably qualified individuals to prepare reports when Ministers are considering, under section 10, 11, 12, or 13 of the Act, whether to list an individual in the children’s list, in the adults’ list or, where applicable, in both lists.

(7) The procedure set out in Part 7 of the Schedule applies when Ministers have decided whether to list an individual in the children’s list, in the adults’ list or, where applicable, in both lists.

Extension of time

4.—(1) Where these Regulations require or authorise an individual, a referring body or any other person to do something within a specified period, the individual, the referring body or other person may apply to Ministers for further time within which to comply.

(2) On receipt of an application under paragraph (1), Ministers may, on cause shown or otherwise where they consider it reasonable to do so, grant any further period or periods of time as they consider appropriate.

(3) Where Ministers have granted a further period of time, any reference in these Regulations to that period of time is to be construed as a reference to the period of time as so extended.

Manner and time of service of notices

5.—(1) Any notice required to be given by Ministers to an individual under these Regulations must be given in accordance with section 30(8) of the Act.

(2) Any other communication required to be given by Ministers to an individual under these Regulations may be given in accordance with section 30(8) of the Act or may be sent by electronic communication, provided that the individual has consented to the use of electronic communication and has provided Ministers with an email address for the purposes of these Regulations.

(3) Any notice required to be given by Ministers to the referring body or to any organisation or other person under these Regulations must be given in accordance with section 30(8) of the Act.

(4) Any other communication required to be given by Ministers to the referring body or to any organisation or other person under these Regulations may be given in accordance with section 30(8) of the Act or may be sent by electronic communication, provided that the referring body, organisation or person has consented to the use of electronic communication and has provided Ministers with an email address for the purposes of these Regulations.

(5) Where an individual or any organisation, body or other person is required to make any representations or submit any information or comments to Ministers under these Regulations, such representations, information or comments may be sent by electronic communication to an e-mail address specified by Ministers for that purpose.

(6) Where any communication is sent by electronic communication, it is to be treated as received the day after the day of its transmission.

(7) If a period of notice expires on a day which is not a working day, the period of notice is to be treated as expiring on the next working day after that day.

    ADAM INGRAM  

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

5th May 2010

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