The Protection of Vulnerable Groups (Scotland) Act 2007 (Commencement No. 4) and the Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 3) Order 2010


(This note is not part of the Order)

This Order brings into force certain provisions of the Protection of Vulnerable Groups (Scotland) Act 2007 (“the 2007 Act”) and the Criminal Justice and Licensing (Scotland) Act 2010 (“the 2010 Act”) on 12th October 2010.

Under section 8(3)(d) of the 2007 Act the Scottish Ministers may specify the relevant functions of any person specified in an order under section 8(2). The persons listed in section 8(2), and any order made under that section, may give the Scottish Ministers prescribed information concerning an individual who is doing or has done regulated work where the person considers that the referral ground in section 2 of the Act has been met. The prescribed information which may be given to the Scottish Ministers is information which the person has obtained in the exercise of relevant functions.

Section 19(3) of the 2007 Act gives the Scottish Ministers the power to specify other persons who may be required to provide information to them under section 19(1) of the 2007 Act.

Section 71 of the 2007 Act allows the Scottish Ministers to determine the form and manner in which applications to join, or to be removed from the Scheme (established under section 44), requests to correct a Scheme record and disclosure requests (including disclosure declarations made in relation to them) must be made. It also allows them to determine whether such applications, requests or declarations can be made in electronic form.

Section 81(2) of the 2007 Act inserts a new section 120ZB into the Police Act 1997 (“the 1997 Act”) which allows the Scottish Ministers to make regulations about registration under the 1997 Act.

Section 108(1) and (4) of the 2010 Act amends section 120ZB of the 1997 Act and the powers to make regulations about registration.