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

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PART 6APPOINTMENT OF EXPERT ADVISERS OR SUITABLY QUALIFIED INDIVIDUALS TO PROVIDE REPORTS TO MINISTERS

Notification of further procedure

16.—(1) During the consideration procedure under Parts 2, 3, 4 and 5 of this Schedule, Ministers may, if they consider it appropriate, appoint—

(a)an expert adviser to prepare a report to Ministers on such matters within the expert’s area of expertise as Ministers consider appropriate for the purpose of assisting Ministers in their assessment of the individual’s unsuitability to work with children, protected adults or, where applicable, both groups; or

(b)one or more such suitably qualified individuals as Ministers consider appropriate to prepare a report to Ministers providing an assessment of the individual’s unsuitability to work with children, protected adults or, where applicable, both groups.

(2) Where Ministers decide to appoint an expert adviser or suitably qualified individuals under sub-paragraph (1)(a) or (b) or both, they must notify the individual of that decision.

(3) For the avoidance of doubt, Ministers may decide to make appointments under either or both of sub-paragraphs (1)(a) and (b) and may do so at the same time or at different times during the consideration procedure.

Report by expert adviser

17.—(1) Where Ministers appoint an expert adviser under paragraph 16(1)(a) they must give to that person all relevant information, which they have obtained in carrying out their functions under the Act or these Regulations and which is reasonably required by the expert adviser, and such information may include—

(a)where the consideration procedure is under—

(i)Part 2 of this Schedule, a copy of the prescribed information given to Ministers under sections 3(1), 3(2), 4, 5, 6(2) or 8(1) of the Act;

(ii)Part 3 of this Schedule, a copy of the prescribed information given to Ministers under section 7(1) or (3) of the Act;

(iii)Part 4 of this Schedule, details of any vetting information relating to the individual or any information received when Ministers were considering whether to list the individual;

(iv)Part 5 of this Schedule, a copy of the relevant inquiry report or relevant sections from that report;

(b)details of any vetting information relating to the individual (or where sub-paragraph (1)(a)(iii) applies, any other vetting information);

(c)details of any information relating to the individual which Ministers obtain by performing their functions in relation to the Scheme;

(d)details of any information relating to the individual which Ministers obtain in pursuance of a requirement made under section 18, 19 or 20 of the Act; and

(e)details of any representations, comments and information received by Ministers under these Regulations.

(2) The person appointed under paragraph 16(1)(a) must provide their report to Ministers, in such manner and within such time as Ministers may specify.

Assessment by suitably qualified individuals

18.—(1) Where Ministers appoint one or more suitably qualified individuals to assess the individual’s unsuitability to work with children, protected adults or, where applicable, both groups under paragraph 16(1)(b), they must give to that person or persons all information upon which Ministers intend to rely when making their decision whether to list the individual in the children’s list, in the adults’ list or, where applicable, in both lists and such information may include—

(a)where the consideration procedure is under—

(i)Part 2 of this Schedule, a copy of the prescribed information given to Ministers under sections 3(1), 3(2), 4, 5, 6(2) or 8(1) of the Act;

(ii)Part 3 of this Schedule, a copy of the prescribed information given to Ministers under section 7(1) or (3) of the Act;

(iii)Part 4 of this Schedule, details of any vetting information relating to the individual or any information received when Ministers were considering whether to list the individual;

(iv)Part 5 of this Schedule, a copy of the relevant inquiry report or relevant sections from that report;

(b)details of any vetting information relating to the individual (or where sub‑paragraph(1)(a)(iii) applies, any other vetting information);

(c)details of any information relating to the individual which Ministers obtain by performing their functions in relation to the Scheme;

(d)details of any information relating to the individual which Ministers obtain in pursuance of a requirement made under section 18, 19 or 20 of the Act;

(e)details of all representations, comments and information received by Ministers under these Regulations;

(f)a copy of any report provided to Ministers under paragraph 17(2).

(2) The person or persons appointed under paragraph 16(1)(b) must review the information supplied to them under sub-paragraph (1) and, based on that information, provide to Ministers a report containing their assessment as to the individual’s unsuitability to work with children, protected adults or, where applicable, both groups, in such manner and within such time as Ministers may specify.

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