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The Protection of Vulnerable Groups (Scotland) Act 2007 (Commencement No. 5, Savings, Transitional and Consequential Provisions) and the Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 7, Savings and Transitional Provisions) Order 2011

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Citation and interpretation

1.—(1) This Order may be cited as the Protection of Vulnerable Groups (Scotland) Act 2007 (Commencement No. 5, Savings, Transitional and Consequential Provisions) and the Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 7, Savings and Transitional Provisions) Order 2011.

(2) In this Order—

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

“the 2010 Act” means the Criminal Justice and Licensing (Scotland) Act 2010; and

“the appointed day” means 28th February 2011.

Provisions coming into force on the appointed day

2.  The following provisions come into force on the appointed day—

(a)the provisions of the 2007 Act, in so far as not already in force, other than section 78(1); and

(b)section 108 (amendments of Part 5 of Police Act 1997(1)) of the 2010 Act, in so far as not already in force.

Savings and Transitional Provisions

3.  Despite the coming into force of sections 78(2), (3) and (4) and 91 of, and paragraphs 27 to 32, 35 and 41 of schedule 4 to, the 2007 Act and of section 108(2) of the 2010 Act, any application for a criminal record certificate under section 113A or an enhanced criminal record certificate under section 113B of the Police Act 1997 which has been received by Ministers on or before 27th February 2011 are to continue to be processed by Ministers in accordance with the law in force immediately before the appointed day.

4.  Despite the coming into force of sections 44 and 81 of, and paragraphs 36, 37 and 39 of schedule 4 to, the 2007 Act, any applications or any other matters which are being processed under the Police Act 1997 (Criminal Records) (Registration) (Scotland) Regulations 2006(2) on 27th February 2011 are to continue to be processed by Ministers in accordance with the law in force immediately before the appointed day.

5.—(1) Despite the coming into force of paragraphs 13 to 26 of schedule 4 to the 2007 Act, sections 106(1), 110(1)(a), 111(3), 116(2), 118, 121A(1), 173(2), 175, 181(4), 186, 187(1), 189 and 193A(1) of the Criminal Procedure (Scotland) Act 1995(3) continue to apply as they had effect immediately before the appointed day so far as necessary for the purposes of the Protection of Vulnerable Groups (Scotland) Act 2007 (Savings and Transitional Provisions) Order 2010(4).

(2) Despite the coming into force of paragraphs 43, 44 and 45 of schedule 4 to the 2007 Act, the provisions of the Protection of Children (Scotland) Act 2003(5) (as amended by section 24(1) of the Criminal Procedure (Amendment) (Scotland) Act 2004(6), by paragraph 15 of schedule 4 to the Charities and Trustee Investment (Scotland) Act 2005(7) and by Part 2 of Schedule 2 to the Inquiries Act 2005(8)) continue to apply as they had effect immediately before the appointed day so far as necessary for the purposes of the Protection of Vulnerable Groups (Scotland) Act 2007 (Savings and Transitional Provisions) Order 2010.

Consequential Amendments

6.—(1) In regulation 1(1) of—

(a)the Police Act 1997 (Criminal Records) (Scotland) Regulations 2010(9); and

(b)the Police Act 1997 (Criminal Records) (Registration) (Scotland) Regulations 2010(10),

for “section 78” substitute “section 44”.

(2) In article 1 of the Police Act 1997 (Alteration of the Meaning of Suitability Information relating to Children and Protected Adults) (Scotland) Order 2010(11), for “section 78” substitute “section 44”.

ADAM INGRAM

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

24th February 2011

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