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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)Ministers must keep—
(a)the children's list, and
(b)the adults' list.
(2)An individual may be listed in—
(a)the children's list,
(b)the adults' list, or
(c)both lists,
only in accordance with this Part.
(3)In this Act, “listed”, in relation to an individual, means included in the children's list or, as the case may be, the adults' list, and references to listing an individual are to be construed accordingly.
Commencement Information
I1S. 1 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
The referral ground—
(a)in relation to an individual who is or has been doing (or has been offered or supplied for) regulated work with children, is that the individual has, whether or not in the course of the individual's work—
(i)harmed a child,
(ii)placed a child at risk of harm,
(iii)engaged in inappropriate conduct involving pornography,
(iv)engaged in inappropriate conduct of a sexual nature involving a child, or
(v)given inappropriate medical treatment to a child,
(b)in relation to an individual who is or has been doing (or has been offered or supplied for) regulated work with adults, is that the individual has, whether or not in the course of the individual's work—
(i)harmed a protected adult,
(ii)placed a protected adult at risk of harm,
(iii)engaged in inappropriate conduct involving pornography,
(iv)engaged in inappropriate conduct of a sexual nature involving a protected adult, or
(v)given inappropriate medical treatment to a protected adult.
Commencement Information
I2S. 2 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
(1)An organisation must give Ministers any prescribed information which it holds in relation to an individual who is or has been doing regulated work if—
(a)it has, on the referral ground—
(i)dismissed the individual, or
(ii)transferred the individual to a position which does not involve that type of regulated work, or
(b)it would or might have dismissed or so transferred the individual on the referral ground if the individual had not—
(i)otherwise stopped doing regulated work, or
(ii)been working for the organisation for a fixed term.
(2)An organisation must give Ministers any prescribed information which it holds in relation to an individual who has been doing regulated work if—
(a)the individual stops doing the regulated work in circumstances not falling within subsection (1),
(b)the organisation subsequently becomes aware of information which it was unaware of when the individual stopped doing regulated work, and
(c)the organisation considers that, if—
(i)it had been aware of that information at that time, and
(ii)the individual had not stopped doing regulated work,
it would or might have dismissed the individual on the referral ground.
(3)In subsections (1) and (2)—
(a)an individual suspended from regulated work is not to be treated as having stopped doing that work, and
(b)the duty to give Ministers information in relation to the temporary transfer of an individual to another position applies only if the organisation subsequently makes a final decision not to permit the individual to resume the type of regulated work from which the individual was transferred.
(4)This section does not apply to personnel suppliers (see sections 4 and 5).
Commencement Information
I3S. 3(1)(2) in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.
I4S. 3(1)(2) in force at 28.2.2011 in so far as not already in force by S.S.I. 2011/157, art. 2(a)
I5S. 3(3)(4) in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
A personnel supplier which carries on an employment agency must give Ministers any prescribed information which it holds in relation to an individual who is or has been doing regulated work if it has, on the referral ground, decided—
(a)not to do any further business with the individual, or
(b)not to—
(i)find the individual further regulated work, or
(ii)offer or supply the individual for such work.
Commencement Information
I6S. 4 in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.
I7S. 4 in force at 28.2.2011 in so far as not already in force by S.S.I. 2011/157, art. 2(a)
A personnel supplier which carries on an employment business must give Ministers any prescribed information which it holds in relation to an individual whom it has offered or supplied for regulated work if—
(a)it has dismissed the individual on the referral ground,
(b)the individual has otherwise stopped doing regulated work in circumstances in which it would or might have dismissed the individual on the referral ground if the individual had not so stopped, or
(c)it has, on the referral ground, decided not to offer or supply the individual for further regulated work.
Commencement Information
I8S. 5 in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.
I9S. 5 in force at 28.2.2011 in so far as not already in force by S.S.I. 2011/157, art. 2(a)
(1)The duties in sections 3 to 5 do not apply where the individual stopped doing the regulated work (or, as the case may be, the organisation's opinion was formed) before the date on which the provisions imposing the duties come into force.
(2)But an organisation may give Ministers any prescribed information which it holds in relation to such an individual if it wishes to do so.
Commencement Information
I10S. 6(1) in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
I11S. 6(2) in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.
I12S. 6(2) in force at 28.2.2011 in so far as not already in force by S.S.I. 2011/157, art. 2(a)
(1)Where a court convicts an individual of a relevant offence, it must give Ministers any prescribed information that it holds in relation to the convicted individual.
(2)Subsection (3) applies where a court—
(a)convicts an individual of an offence (other than a relevant offence), and
(b)is satisfied that it may be appropriate for the individual to be listed in the children's list or in the adults' list (or in both lists).
(3)Where this subsection applies, the court may give Ministers any prescribed information that the court holds in relation to the convicted individual.
(4)This section applies in relation to offences committed before and after this section comes into force.
Commencement Information
I13S. 7(1)(3) in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.
I14S. 7(1)(3) in force at 28.2.2011 in so far as not already in force by S.S.I. 2011/157, art. 2(a)
I15S. 7(2)(4) in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
(1)A person to whom this section applies may give Ministers any prescribed information that the person holds in relation to an individual who is or has been doing regulated work if—
(a)on the basis of information obtained by the person in the exercise of relevant functions, the person considers that the referral ground is met (regardless of whether the conduct to which the information relates occurred before or after this section comes into force), and
(b)prescribed information in relation to the individual has not been given to Ministers under sections 3 to 6 in respect of the conduct to which the information relates.
(2)This section applies to—
The General Teaching Council for Scotland
[F1 Healthcare Improvement Scotland ]
The Registrar of Chiropractors
The registrar of dentists and dental care professionals
The registrar of the General Medical Council
The registrar of the General Optical Council
The Registrar of health professionals
The Registrar of nurses and midwives
The Registrar of Osteopaths
[F2 The registrar of pharmacists ]
F3...
The Scottish Social Services Council
[F4 Social Care and Social Work Improvement Scotland ]
Any other person specified in an order made by Ministers
(3)For the purposes of this section, “relevant functions” means—
(a)in relation to the General Teaching Council for Scotland, such functions as are conferred on it by virtue of the [F5Public Services Reform (General Teaching Council for Scotland) Order 2011],
[F6( aa )in relation to Healthcare Improvement Scotland, such functions as are conferred on it by virtue of the National Health Service (Scotland) Act 1978 (c. 29) and any other enactment,]
(b)in relation to registrars mentioned in subsection (2), such functions as are conferred on them by virtue of any enactment,
(c)in relation to F7... the Scottish Social Services Council, such functions as are conferred on [F8 it ] by virtue of the 2001 Act and any other enactment, F9...
[F10(ca)in relation to Social Care and Social Work Improvement Scotland, such functions as are conferred on it by virtue of the 2010 Act and any other enactment, and]
(d)in relation to a person specified in an order made under subsection (2), such functions as are specified by the order.
Textual Amendments
F1Words in s. 8(2) inserted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 17 para. 36(a)(i); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.
F2Words in s. 8(2) substituted (27.9.2010) by The Pharmacy Order 2010 (S.I. 2010/231), art. 1(5), Sch. 4 para. 16(a); S.I. 2010/1621, art. 2(1), Sch.
F3S. 8(2) entry repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 28(a)(i); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.
F4Words in s. 8(2) inserted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 28(a)(ii); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.
F5Words in s. 8(3)(a) substituted (2.4.2012) by The Public Services Reform (General Teaching Council for Scotland) Order 2011 (S.S.I. 2011/215), Sch. 6 para. 2(2)
F6S. 8(3)(aa) inserted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 17 para. 36(a)(ii); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.
F7Words in s. 8(3)(c) repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 28(b)(i); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.
F8Word in s. 8(3)(c) substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 28(b)(ii); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.
F9Word in s. 8(3) repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 28(b)(iii); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.
F10S. 8(3)(ca) inserted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 28(b)(iv); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.
Commencement Information
I16S. 8(1)(2) in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.
I17S. 8(1)(2) in force at 28.2.2011 in so far as not already in force by S.S.I. 2011/157, art. 2(a)
I18S. 8(3)(a)-(c) in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
I19S. 8(3)(d) in force at 12.10.2010 by S.S.I. 2010/344, art. 2(a)(i)
An organisation which fails, without reasonable excuse, to comply with a duty imposed by any of sections 3 to 5 within 3 months of the date on which the duty arose is guilty of an offence and liable—
(a)on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both,
(b)on a conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine, or to both.
Commencement Information
I20S. 9 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
(1)This section applies
(a)[F11where—]
[F12(i)]prescribed information relating to an individual has been given to Ministers in pursuance of sections 3 to 6 or 8, and
[F12(ii)]they are satisfied that the information was not given for vexatious or frivolous purposes [F13, or
(b)where information relating to an individual has been given to Ministers by the [F14Disclosure and Barring Service]].
(2)Where Ministers are satisfied that the information indicates that it may be appropriate for the individual to be included in the children's list, they must consider listing the individual in that list.
(3)Where Ministers are satisfied that the information indicates that it may be appropriate for the individual to be included in the adults' list, they must consider listing the individual in that list.
(4)For the avoidance of doubt, subsections (2) and (3) apply in relation to an individual regardless of the type of regulated work [F15(if any)] which the individual is or has been doing.
Textual Amendments
F11Words in s. 10(1)(a) renumbered as s. 10(1)(a) (18.4.2010 for specified purposes, coming into force in accordance with art. 1(2)), arts. 1(2), 4(2)(a)
F12S. 10(1)(a)(b) renumbered as s. 10(1)(a)(i)(ii) (18.4.2010 for specified purposes, coming into force in accordance with art. 1(2)) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010 (S.S.I. 2010/446), arts. 1(2), 4(2)(a)
F13S. 10(1)(b) and word inserted (18.4.2010 for specified purposes, coming into force in accordance with art. 1(2)) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010 (S.S.I. 2010/446), arts. 1(2), 4(2)(b)
F14Words in s. 10(1)(b) substituted (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 12(2) (with s. 96); S.S.I. 2021/380, reg. 2, sch.
F15Words in s. 10(4) inserted (18.4.2010 for specified purposes, coming into force in accordance with art. 1(2)) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010 (S.S.I. 2010/446), arts. 1(2), 4(3)
Commencement Information
I21S. 10 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
(1)This section applies where prescribed information relating to an individual has been given to Ministers in pursuance of section 7.
(2)Where the individual has been convicted of a relevant offence, Ministers must consider listing the individual in the children's list.
(3)In any other case, Ministers must consider listing the individual in the children's list where they are satisfied that—
(a)the information indicates that it may be appropriate for the individual to be included in that list, and
(b)the individual does, has done or is likely to do regulated work with children.
(4)Ministers must consider listing the individual in the adults' list where they are satisfied that—
(a)the information indicates that it may be appropriate for the individual to be included in that list, and
(b)the individual does, has done or is likely to do regulated work with adults.
Commencement Information
I22S. 11 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
(1)Ministers must consider listing an individual in the children's list if they are satisfied that—
(a)either—
(i)vetting information about the individual, or
(ii)information received when considering whether to list the individual in the adults' list,
indicates that it may be appropriate for the individual to be included in the children's list, and
(b)the individual does, has done or is likely to do regulated work with children.
(2)Ministers must consider listing an individual in the adults' list if they are satisfied that—
(a)either—
(i)vetting information about the individual, or
(ii)information received when considering whether to list the individual in the children's list,
indicates that it may be appropriate for the individual to be included in the adults' list, and
(b)the individual does, has done or is likely to do regulated work with adults.
Commencement Information
I23S. 12 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
(1)This section applies where—
(a)a relevant inquiry report names an individual who is or has been doing regulated work, and
(b)it appears to Ministers from the report that the person who held the inquiry found that the referral ground was met at a time when the individual was doing regulated work (whether that time was before or after this section comes into force).
(2)Where it appears to Ministers from the report that it may be appropriate for the individual to be included in the children's list, they may consider listing the individual in the children's list.
(3)Where it appears to Ministers from the report that it may be appropriate for the individual to be included in the adults' list, they may consider listing the individual in the adults' list.
(4)For the avoidance of doubt, subsections (2) and (3) apply in relation to an individual regardless of the type of regulated work which the individual was doing.
Modifications etc. (not altering text)
C1S. 13 extended (28.2.2011) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Savings and Transitional Provisions) Order 2010 (S.S.I. 2010/180), arts. 1, 5
Commencement Information
I24S. 13 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
(1)Ministers must list an individual in the children's list where it appears to them that any of the criteria specified for the purposes of this subsection is satisfied in relation to the individual.
(2)Ministers must list an individual in the adults' list where it appears to them that any of the criteria specified for the purposes of this subsection is satisfied in relation to the individual.
(3)It is for Ministers to specify by order criteria for the purposes of subsections (1) and (2).
(4)Criteria which may be so specified include—
(a)that an individual has been convicted of, or cautioned in relation to, an offence of a specified description, including offences under—
(i)the law of England, Wales, Northern Ireland, the Channel Islands or the Isle of Man,
(ii)section 70 of the Army Act 1955 (c. 18),
(iii)section 70 of the Air Force Act 1955 (c. 19),
(iv)section 42 of the Naval Discipline Act 1957 (c. 53),
(v)section 42 of the Armed Forces Act 2006 (c. 52),
(b)that an order of a specified description imposing requirements about an individual's conduct has been made.
Commencement Information
I25S. 14(1)(2) in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
I26S. 14(3)(4) in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.
I27S. 14(3)(4) in force at 28.2.2011 in so far as not already in force by S.S.I. 2011/157, art. 2(a)
Ministers must list an individual in the children's list if, after considering whether to do so, they are satisfied by information relating to the individual's conduct that the individual is unsuitable to work with children.
Commencement Information
I28S. 15 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
Ministers must list an individual in the adults' list if, after considering whether to do so, they are satisfied by information relating to the individual's conduct that the individual is unsuitable to work with protected adults.
Commencement Information
I29S. 16 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
(1)Ministers must, before making a decision under section 15 or 16—
(a)give the individual whom they are considering whether to list an opportunity to make representations as to why the individual should not be listed, and
(b)consider any such representations.
(2)Ministers may, when deciding whether to list an individual, also consider—
(a)any information which caused them to consider listing the individual,
(b)any information relating to the individual which they obtain—
(i)in pursuance of a requirement made under any of sections 18 to 20, or
(ii)by performing their functions in relation to the Scheme, and
(c)any other information which they think relevant.
(3)An individual who is given an opportunity to make representations under subsection (1) must be given the opportunity to make representations in relation to all of the information on which Ministers intend to rely in deciding whether to list the individual.
(4)The opportunity to make representations under subsection (1) does not include the opportunity to make representations that any relevant finding of fact was wrongly made.
(5)A relevant finding of fact is a finding of fact—
(a)made in legal proceedings,
(b)made in a relevant inquiry report (other than a report relating to an inquiry of the type mentioned in sub-paragraph (ii) of section 31(2)(a)),
(c)made in proceedings before one of the following bodies or any of its committees—
(i)[F16the General Pharmaceutical Council],
(ii)the General Chiropractic Council,
(iii)the General Dental Council,
(iv)the General Medical Council,
(v)the General Optical Council,
(vi)the General Osteopathic Council,
(vii)the General Teaching Council for Scotland,
(viii)[F17 the Health and Care Professions Council ],
(ix)the Nursing and Midwifery Council,
F18(x). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(xi)the Scottish Social Services Council, F19...
[F20(xii)Social Care and Social Work Improvement Scotland, or]
(d)made by any other person, or in any other circumstance, specified by order made by Ministers.
(6)Subsections (1) and (3) do not apply if Ministers do not know and cannot reasonably ascertain the individual's whereabouts.
Textual Amendments
F16Words in s. 17(5)(c)(i) substituted (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 12(3) (with s. 96); S.S.I. 2021/380, reg. 2, sch.
F17Words in s. 17(5)(c)(viii) substituted (1.8.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 56(f); S.I. 2012/1319, art. 2(4)
F18S. 17(5)(c)(x) repealed (1.10.2010 for specified purposes) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 29(a); S.S.I. 2010/321, art. 3, Sch.
F19Word in s. 17(5)(c) repealed (1.10.2010 for specified purposes) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 29(b); S.S.I. 2010/321, art. 3, Sch.
F20S. 17(5)(c)(xii) added (1.10.2010 for specified purposes) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 29(c); S.S.I. 2010/321, art. 3, Sch.
Commencement Information
I30S. 17(1)-(4)(5)(a)-(c)(6) in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
I31S. 17(5)(d) in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.
I32S. 17(5)(d) in force at 28.2.2011 in so far as not already in force by S.S.I. 2011/157, art. 2(a)
(1)Ministers may, for the purpose of enabling or assisting them to decide whether to list an individual, require the chief constable F21... to provide them with any information relating to the individual which the chief constable F22... thinks might be relevant in relation to the type of regulated work concerned.
(2)[F23The chief constable] must not provide information to Ministers under subsection (1) if the [F24 chief constable ] thinks that disclosing it to the individual to whom it relates would be contrary to the interests of the prevention or detection of crime.
(3)Ministers must pay the [F25 Scottish Police Authority ] such fee as Ministers think appropriate for information provided under subsection (1).
(4)Ministers may, for the purpose of enabling or assisting them to decide whether to list an individual, require—
(a)any person who holds records of convictions, cautions or other information for the use of police forces generally to provide them with any information relating to the individual which the record holder thinks might be relevant in relation to the type of regulated work concerned,
(b)any person who holds such records to provide them with the information referred to in section 113A(3)(a) of the 1997 Act (prescribed details of every relevant matter relating to the individual which is recorded in central records).
Textual Amendments
F21Words in s. 18(1) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 36(2)(a)(i); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F22Words in s. 18(1) repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 36(2)(a)(ii); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F23Words in s. 18(2) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 36(2)(b)(i); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F24Words in s. 18(2) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 36(2)(b)(ii); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F25Words in s. 18(3) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 36(2)(c); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
Commencement Information
I33S. 18 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
(1)Ministers may, for the purpose of enabling or assisting Ministers to decide whether to list an individual, require—
(a)any person who holds vetting information of a type prescribed under section 49(1)(d) to provide them with any such vetting information relating to the individual,
(b)any of the persons set out in subsection (3) to provide them with any information held by the person which Ministers think might be relevant.
(2)Information provided under subsection (1)(b) may, in particular, be information which relates to—
(a)the regulated work concerned, or
(b)the protection of children or protected adults in general, or of any child or protected adult in particular.
(3)The persons who may be required to provide information under subsection (1)(b) are—
Councils
The General Teaching Council for Scotland
Health Boards and Special Health Boards
[F26An integration joint board established by order under section 9 of the Public Bodies (Joint Working) (Scotland) Act 2014]
[F27 Healthcare Improvement Scotland ]
Her Majesty's Chief Inspector of Prisons for Scotland
Her Majesty's Inspectors of Schools
The Registrar of Chiropractors
The registrar of dentists and dental care professionals
The registrar of the General Medical Council
The registrar of the General Optical Council
The Registrar of health professionals
The Registrar of Independent Schools in Scotland
The Registrar of nurses and midwives
The Registrar of Osteopaths
[F28 The registrar of pharmacists ]
F29...
The Scottish Social Services Council
[F30 Social Care and Social Work Improvement Scotland ]
F31...
Any other person specified in an order made by Ministers
Textual Amendments
F26Words in s. 19(3) inserted (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 12(4) (with s. 96); S.S.I. 2021/380, reg. 2, sch.
F27Words in s. 19(3) inserted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 17 para. 36(b); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.
F28Words in s. 19(3) substituted (27.9.2010) by The Pharmacy Order 2010 (S.I. 2010/231), art. 1(5), Sch. 4 para. 16(b); S.I. 2010/1621, art. 2(1), Sch.
F29S. 19(3) entry repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 30(a); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.
F30Words in s. 19(3) inserted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 30(b); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.
F31S. 19(3) entry repealed (1.4.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011 (S.S.I. 2011/211), art. 1, Sch. 1 para. 19(a)
Commencement Information
I34S. 19(1)(2) in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
I35S. 19(3) in force at 12.10.2010 by S.S.I. 2010/344, art. 2(a)(ii)
(1)Ministers may require a person falling within subsection (2) to provide them with any information held by the person which Ministers think might be relevant for the purpose of enabling or assisting them to decide whether to list an individual.
(2)A person falls within this subsection if—
(a)the individual is doing, or has done, regulated work for the person,
(b)the individual has been offered regulated work by the person (whether or not the individual subsequently did the work),
(c)it is an employment agency which has offered or supplied, or made arrangements with a view to offering or supplying, the individual to another person for regulated work (whether or not the arrangements are still in place), or
(d)it is an employment business which employs or has employed the individual to do regulated work for another person.
(3)A person who fails, without reasonable excuse, to comply with a requirement made under subsection (1) is guilty of an offence and liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.
Commencement Information
I36S. 20 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
(1)An individual listed under section 15 may appeal to the sheriff against Ministers' decision to list the individual in the children's list.
(2)Such an appeal must be lodged—
(a)within 3 months of the date on which the individual was listed, or
(b)by such later date as the sheriff may, on cause shown, allow.
(3)The sheriff must determine an appeal under subsection (1)—
(a)where the sheriff is satisfied by information relating to the individual's conduct that the individual is unsuitable to work with children, by confirming Ministers' decision to list the individual in the children's list, or
(b)where the sheriff is not so satisfied, by directing Ministers to remove the individual from the children's list.
Commencement Information
I37S. 21 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
(1)An individual listed under section 16 may appeal to the sheriff against Ministers' decision to list the individual in the adults' list.
(2)Such an appeal must be lodged—
(a)within 3 months of the date on which the individual was listed, or
(b)by such later date as the sheriff may, on cause shown, allow.
(3)The sheriff must determine an appeal under subsection (1)—
(a)where the sheriff is satisfied by information relating to the individual's conduct that the individual is unsuitable to work with protected adults, by confirming Ministers' decision to list the individual in the adults' list, or
(b)where the sheriff is not so satisfied, by directing Ministers to remove the individual from the adults' list.
Commencement Information
I38S. 22 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
(1)The sheriff's determination under section 21 or 22 may be appealed to the sheriff principal by—
(a)the individual, or
(b)Ministers.
(2)The sheriff principal's determination of an appeal under subsection (1) may, with the leave of the sheriff principal, be appealed to the Inner House of the Court of Session on a point of law by—
(a)the individual, or
(b)Ministers.
(3)The decision of—
(a)the sheriff principal, or
(b)if leave is granted to appeal to the Inner House, that House,
on any appeal is final.
Commencement Information
I39S. 23 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
(1)No finding of fact on which any conviction is based may be challenged on an appeal under section 21, 22 or 23.
(2)Any court proceedings under section 21, 22 or 23 may take place in private if the court considers it appropriate in all the circumstances.
Commencement Information
I40S. 24 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
(1)A listed individual may apply to Ministers for removal from—
(a)the children's list, or
(b)the adults' list.
(2)References in this section to “the list” are to be read as references to the list from which the individual has applied for removal.
(3)An application for removal from the list is competent only if—
(a)it is made after the end of such period as may be prescribed (beginning on such date as may be prescribed), or
[F32(b)Ministers are satisfied that there has been a relevant change in the applicant's circumstances since the applicant—
(i)was listed, or
(ii)last made an application for removal from the list under this section.]
(4)A period may not be prescribed under subsection (3)(a) in relation to a particular individual.
[F33(4A)For the purposes of subsection (3)(b), a change in the applicant's circumstances is relevant if it is relevant to the question whether the applicant is no longer unsuitable to carry out regulated roles with children or, as the case may be, regulated roles with adults.]
F34(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F34(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F32S. 25(3)(b) substituted (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), ss. 83(2), 97 (with s. 96); S.S.I. 2021/380, reg. 2, sch.
F33S. 25(4A) inserted (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), ss. 83(3), 97 (with s. 96); S.S.I. 2021/380, reg. 2, sch. (with reg. 4)
F34S. 25(5)(6) repealed (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), ss. 83(4), 97 (with s. 96); S.S.I. 2021/380, reg. 2, sch.
Commencement Information
I41S. 25(1) (2) (3)(b) s. 25(4)-(6) in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
I42S. 25(3)(a) in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.
I43S. 25(3)(a) in force at 28.2.2011 in so far as not already in force by S.S.I. 2011/157, art. 2(a)
(1)Ministers must determine a competent application for removal from the children's list—
(a)where they are satisfied that the applicant is no longer unsuitable to work with children, by removing the individual from the list, or
(b)where they are not so satisfied, by refusing the application.
(2)Ministers must determine a competent application for removal from the adults' list—
(a)where they are satisfied that the applicant is no longer unsuitable to work with protected adults, by removing the individual from the list, or
(b)where they are not so satisfied, by refusing the application.
F35(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F35S. 26(3) repealed (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), ss. 85(2), 97 (with s. 96); S.S.I. 2021/380, reg. 2, sch.
Commencement Information
I44S. 26 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
(1)An individual may appeal to the sheriff against Ministers' decision to refuse an application for removal from the list under section 26.
(2)The sheriff must determine an appeal under subsection (1) in relation to removal from the children's list—
(a)where the sheriff is satisfied that the applicant is no longer unsuitable to work with children, by directing Ministers to remove the individual from the list, or
(b)where the sheriff is not so satisfied, by refusing the application.
(3)The sheriff must determine an appeal under subsection (1) in relation to removal from the adults' list—
(a)where the sheriff is satisfied that the applicant is no longer unsuitable to work with protected adults, by directing Ministers to remove the individual from the list, or
(b)where the sheriff is not so satisfied, by refusing the application.
(4)The sheriff's determination may be appealed to the sheriff principal by—
(a)the individual, or
(b)Ministers.
(5)The sheriff principal's determination of an appeal under subsection (4) may, with the leave of the sheriff principal, be appealed to the Inner House of the Court of Session on a point of law by—
(a)the individual, or
(b)Ministers.
(6)The Inner House may, in determining an appeal under subsection (5), by order modify the period prescribed for the purposes of section 25(3) in so far as that period is to apply to any further application by the individual concerned for removal from the children's list or, as the case may be, the adults' list.
(7)The decision of—
(a)the sheriff principal, or
(b)if leave is granted to appeal to the Inner House, that House,
on any appeal is final.
(8)Any court proceedings under this section may take place in private if the court considers it appropriate in all the circumstances.
Commencement Information
I45S. 27 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
(1)This section applies where an individual listed under section 15 or 16—
(a)was not, because of section 17(6), given an opportunity to make representations as to why the individual should not be listed, and
(b)subsequently makes representations to Ministers as to why the individual should not have been listed.
[F36(1A)This section also applies where an individual listed under section 15 or 16 (other than one mentioned in subsection (1))—
(a)seeks to make representations to Ministers as to why the individual should not have been listed, and
(b)Ministers consider that it is appropriate in all the circumstances to allow the representations to be made.]
(2)Where this section applies, Ministers must—
(a)consider the individual's representations, and
(b)if satisfied that the individual should not have been listed, remove the individual from the list.
Textual Amendments
F36S. 28(1A) inserted (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), ss. 84(2), 97 (with s. 96); S.S.I. 2021/380, reg. 2, sch.
Commencement Information
I46S. 28 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
(1)Ministers—
(a)must remove an individual from the children's list or adults' list—
(i)if directed to do so by the court, or
(ii)where section 26 or 28 requires them to do so, and
(b)may, at any other time, remove an individual from the children's list or adults' list if.
[F37(i)]they are satisfied that the individual should not have been listed[F38, or
(ii)they are otherwise satisfied that the individual is no longer unsuitable to carry out regulated roles with children or, as the case may be, regulated roles with adults.]
(2)Where Ministers appeal against a direction to remove an individual from the children's list or adults' list, the duty imposed by subsection (1)(a) does not apply until that appeal is finally determined.
Textual Amendments
F37Words in s. 29(1)(b)(i) in s. 29(1)(b) renumbered (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), ss. 84(3)(a), 97 (with s. 96); S.S.I. 2021/380, reg. 2, sch. (with reg. 4)
F38S. 29(1)(b)(ii) and word inserted (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), ss. 84(3)(b), 97 (with s. 96); S.S.I. 2021/380, reg. 2, sch. (with reg. 4)
Commencement Information
I47S. 29 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
Textual Amendments
F39S. 29A and cross-heading inserted (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), ss. 85(3), 97 (with s. 96); S.S.I. 2021/380, reg. 2, sch. (with reg. 4)
(1)Sections 18 to 20 apply—
(a)for any of the purposes specified in subsection (2) as they apply for the purpose of enabling or assisting Ministers to decide whether to list an individual,
(b)with the modifications that are specified in subsection (2) in relation to the purpose.
(2)The purposes (and modifications) are—
(a)enabling or assisting Ministers to consider, in relation to an appeal under section 21, 22 or 23, whether an individual should have been listed (with references to deciding whether to list an individual being read as references to deciding whether the individual should have been listed),
(b)enabling or assisting Ministers to determine under section 26 an application for removal from the children's list or the adults' list (with references to deciding whether to list an individual being read as references to determining whether to remove an individual from the list),
(c)enabling or assisting Ministers to consider, in relation to an appeal under section 27, whether an application for removal from the children's list or the adults' list should have been refused under section 26 (with references to deciding whether to list an individual being read as references to deciding whether an application for removal from the list should have been refused),
(d)enabling or assisting Ministers to decide under section 28 or 29 whether to remove an individual from the children's list or the adults' list (with references to deciding whether to list an individual being read as references to deciding whether an individual should not have been listed or is no longer unsuitable to carry out regulated roles with children or, as the case may be, regulated roles with adults).”. Confirmation of PVG Scheme membership]
(1)Subsection (2) applies where—
(a)an individual has been listed under section 14, 15 or 16,
(b)Ministers become aware that an individual has otherwise been barred from doing regulated work with children or adults, or
(c)Ministers are considering whether to list an individual by virtue of sections 10 to 13.
(2)Where this subsection applies, Ministers must notify the persons specified in subsection (3) of the fact—
(a)that the individual has been barred from doing regulated work with children or adults, or, as the case may be
(b)that they are considering whether to list the individual.
(3)Those persons are—
(a)the individual concerned,
(b)where—
(i)the individual has been barred from regulated work with children, or
(ii)Ministers are considering whether to list the individual in the children's list,
any organisation for which they know the individual is doing regulated work with children,
(c)where—
(i)the individual has been barred from regulated work with adults, or
(ii)Ministers are considering whether to list the individual in the adults' list,
any organisation for which they know the individual is doing regulated work with adults, and
(d)any relevant regulatory body whom Ministers think it would be appropriate to notify of that fact.
(4)Where, after considering whether to list an individual, Ministers decide not to do so, they must give notice of that fact to—
(a)the individual,
(b)where Ministers have decided not to include the individual in the children's list, any organisation for which they know the individual is doing regulated work with children,
(c)where Ministers have decided not to include the individual in the adults' list, any organisation for which they know the individual is doing regulated work with adults, and
(d)any relevant regulatory body to whom Ministers gave notice under subsection (2) of the fact that they were considering whether to list the individual.
(5)A notice given under subsection (2) or (4) may include—
(a)such details as Ministers think appropriate—
(i)where the individual has been barred (by being listed or otherwise), about the circumstances in which the individual was barred,
(ii)where they have decided not to list an individual, about the circumstances in which the individual was considered for listing, and
(b)any other information about the individual which Ministers think appropriate.
(6)Where Ministers remove an individual from a list under section 29, they must give notice of that fact to—
(a)the individual, and
(b)any relevant regulatory body whom they think it would be appropriate to notify of that fact (having regard to the period for which the individual has been listed).
(7)The following persons are “relevant regulatory bodies”—
The General Teaching Council for Scotland
[F40 Healthcare Improvement Scotland ]
F41...
The Scottish Social Services Council
[F42 Social Care and Social Work Improvement Scotland ]
Any other person specified in an order made by Ministers
(8)A notice which this section requires to be given to an individual may be given—
(a)by delivering it to the individual,
(b)by leaving it at the individual's usual or last known place of abode, or
(c)by sending it by post to the individual at that place.
Textual Amendments
F40Words in s. 30(7) inserted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 17 para. 36(c); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.
F41S. 30(7) entry repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 31(a); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.
F42Words in s. 30(7) inserted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 31(b); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.
Modifications etc. (not altering text)
C2S. 30 modified (28.2.2011) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Savings and Transitional Provisions) Order 2010 (S.S.I. 2010/180), arts. 1, 4(4)
C3S. 30 modified (28.2.2011) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Savings and Transitional Provisions) Order 2010 (S.S.I. 2010/180), arts. 1, 6(4)
Commencement Information
I48S. 30 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
(1)Where section 30(2) applies, Ministers must notify any relevant health regulatory body whom they think it would be appropriate to notify of the fact—
(a)that the individual has been barred from doing regulated work with children or adults, or, as the case may be,
(b)that they are considering whether to list the individual.
(2)Where, after considering whether to list an individual, Ministers decide not to do so, they must give notice of that fact to any relevant health regulatory body to whom they gave notice under subsection (1)(b).
(3)A notice given under subsection (1) or (2) may include—
(a)such details as Ministers think appropriate—
(i)where the individual has been barred (by being listed or otherwise), about the circumstances in which the individual was barred,
(ii)where they have decided not to list an individual, about the circumstances in which the individual was considered for listing, and
(b)any other information about the individual which Ministers think appropriate.
(4)Where Ministers remove an individual from a list under section 29, they must give notice of that fact to any relevant health regulatory body whom they think it would be appropriate to notify of that fact (having regard to the period for which the individual has been listed).
(5)The following are “relevant health regulatory bodies”—
the General Chiropractic Council
the General Dental Council
the General Medical Council
the General Optical Council
the General Osteopathic Council
[F44the Health and Care Professions Council]
the Nursing and Midwifery Council
the Pharmaceutical Society of Northern Ireland
the Royal Pharmaceutical Society of Great Britain.]
[F45(6)The reference in subsection (5) to the Health and Care Professions Council does not include a reference to that body in so far as it has functions relating to F46... social care workers in England ([F47 within the meaning of] section 60 of the Health Act 1999).]
Textual Amendments
F43S. 30A inserted (28.2.2011) by The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (S.I. 2009/1182), art. 1(7), Sch. 5 para. 12 (with arts. 9, 10) (see S.S.I. 2011/157, art. 2)
F44Words in s. 30A(5) substituted (1.8.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 56(f); S.I. 2012/1319, art. 2(4)
F45S. 30A(6) inserted (1.8.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 58; S.I. 2012/1319, art. 2(4)
F46Words in s. 30A(6) omitted (2.12.2019) by virtue of Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 5 para. 36(a); S.I. 2019/1436, reg. 2(s)
F47Words in s. 30A(6) substituted (2.12.2019) by Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 5 para. 36(b); S.I. 2019/1436, reg. 2(s)
(1)This section applies for the purposes of section 13 and 17.
(2)A relevant inquiry is any of the following—
(a)an inquiry held—
(i)by Ministers,
(ii)by the Scottish Parliament (including an inquiry held by a committee or sub-committee of the Parliament),
(b)an inquiry held under the Inquiries Act 2005 (c. 12),
(c)any other inquiry or hearing designated for the purposes of this section by an order made by Ministers.
(3)“Relevant inquiry report” means the report by the person who held the relevant inquiry.
Commencement Information
I49S. 31 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
(1)For the purposes of this Part an individual commits a relevant offence if the individual—
(a)commits an offence which falls within paragraph 1 of schedule 1, or
(b)falls within paragraph 2 of that schedule,
and references to being convicted of, or charged with, a relevant offence are to be construed accordingly.
(2)Ministers may by order modify schedule 1 so as to modify the circumstances in which an individual is to be treated for the purposes of this Part as having committed a relevant offence.
(3)Subsection (4) applies to an individual if—
(a)the individual is charged with an offence,
(b)either—
(i)the individual is acquitted of the charge [F48 by reason of the special defence set out in section 51A of the 1995 Act ], or
(ii)the court makes a finding under section 55(2) of the 1995 Act in respect of the individual, and
(c)the court makes any order mentioned in section 57(2)(a) to (d) of the 1995 Act in relation to the acquittal or finding.
(4)An individual to whom this subsection applies is to be treated, for the purposes of sections 7, 17 and 24, as having been convicted of the offence.
Textual Amendments
F48Words in s. 32(3)(b)(i) substituted (with application in accordance with art. 3 of the commencing S.S.I.) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), Sch. 7 para. 84; S.S.I. 2012/160, art. 3, Sch.
Commencement Information
I50S. 32(1)(3)(4) in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
I51S. 32(2) in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.
I52S. 32(2) in force at 28.2.2011 in so far as not already in force by S.S.I. 2011/157, art. 2(a)
(1)An individual who is listed, or whom Ministers are considering whether to list, must give Ministers notice of—
(a)a change in the individual's name or address,
(b)the issue of a full gender recognition certificate to the individual under section 4 of the Gender Recognition Act 2004 (c. 7), or
(c)any other change in circumstance of a prescribed type.
(2)A notice under subsection (1) must be given within 1 month of the date of the change or issue of the certificate to which it relates.
(3)An individual who fails, without reasonable excuse, to comply with subsection (1) commits an offence.
(4)An individual guilty of an offence under subsection (3) is liable on summary conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding level 5 on the standard scale, or to both.
Commencement Information
I53S. 33 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
(1)It is an offence for an individual to do, or to seek or agree to do, any regulated work from which the individual is barred.
(2)It is a defence for an individual charged with an offence under subsection (1) to prove that the individual did not know, and could not reasonably be expected to have known—
(a)that the individual was barred from that regulated work, or
(b)that the work concerned was regulated work.
Commencement Information
I54S. 34 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
(1)It is an offence for an organisation to offer regulated work to an individual barred from that work.
(2)Ministers may, by regulations, prohibit an organisation from permitting an individual to do, or require an organisation to remove an individual from, regulated work from which the individual is barred.
(3)Regulations may in particular—
(a)impose prohibitions or requirements—
(i)in relation to particular types of organisations only,
(ii)in relation to particular kinds of regulated work only, or
(b)otherwise limit the purpose for which the prohibition or requirement is to apply (or the area in which it is to apply) in such manner as Ministers think appropriate.
(4)An organisation which fails to comply with regulations made under subsection (2) commits an offence.
(5)An organisation commits an offence under subsection (1) if it offers regulated work to a barred individual who is already working for the organisation.
(6)It is a defence for an organisation charged with an offence under subsection (1) or (4) to prove that it did not know, and could not reasonably be expected to have known, that the individual was barred from doing that regulated work.
(7)For the purposes of subsection (1), an organisation is not to be treated as having offered regulated work to an individual if the offer is subject to the organisation being satisfied (by virtue of information disclosed under Part 2 or otherwise) that the individual is suitable to do that work.
Commencement Information
I55S. 35(1)(4)-(7) in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
I56S. 35(2)(3) in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.
I57S. 35(2)(3) in force at 28.2.2011 in so far as not already in force by S.S.I. 2011/157, art. 2(a)
(1)A personnel supplier commits an offence if it—
(a)offers or supplies an individual who is barred from doing regulated work to an organisation, and
(b)knows or has reason to believe that the organisation will make arrangements for the individual to do regulated work from which the individual is barred.
(2)It is a defence for a personnel supplier charged with an offence under subsection (1) to prove that it did not know, and could not reasonably be expected to have known, that the individual was barred from doing the regulated work.
Commencement Information
I58S. 36 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
A person guilty of an offence under section 34, 35 or 36 is liable—
(a)on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both,
(b)on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine, or to both.
Commencement Information
I59S. 37 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
(1)This section applies where an offence is committed under section 34, 35 or 36 outside Scotland.
(2)The person committing the offence may be prosecuted, tried and punished for the offence—
(a)in a sheriff court district in which the person is apprehended or in custody, or
(b)in a sheriff court district determined by the Lord Advocate,
as if the offence had been committed in that district.
(3)The offence is, for all purposes incidental to or consequential on the trial and punishment, deemed to have been committed in that district.]
Textual Amendments
F49S. 37A inserted (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), ss. 88(2), 97 (with s. 96); S.S.I. 2021/380, reg. 2, sch.
(1)Ministers must make available to [F50the chief constable]—
(a)the name of each individual included in the children's list,
(b)the name of each individual included in the adults' list, and
(c)any other information contained in those lists which Ministers consider should be disclosed for any purpose mentioned in subsection (2).
(2)Information disclosed under subsection (1) may be used by [F51constables of the Police Service of Scotland] only for the [F52law enforcement purposes within the meaning of section 31 of the Data Protection Act 2018.]
Textual Amendments
F50Words in s. 38(1) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 36(3)(a); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F51Words in s. 38(2) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 36(3)(b); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F52Words in s. 38(2) substituted (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 12(5) (with s. 96); S.S.I. 2021/380, reg. 2, sch.
Commencement Information
I60S. 38 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
(1)Ministers need not list an individual (nor consider an individual for listing) in the children's list if the individual is already barred from regulated work with children F53...
(2)Ministers need not consider an individual for listing in the children's list if—
(a)they consider that it would be more appropriate for the individual's case to be [F54dealt with] by the [F55Disclosure and Barring Service (“DBS”)] , or
(b)subsection (3) applies.
(3)This subsection applies where—
[F56(a)the individual’s case has been dealt with in pursuance of relevant corresponding legislation, and]
(b)Ministers are satisfied that all information relating to the individual which they consider relevant to their decision whether to consider to list the individual was considered [F57 before, or when, the individual’s case was last dealt with in pursuance of the relevant corresponding legislation ].
(4)Where—
(a)in pursuance of subsection (2)(a), Ministers do not consider an individual for listing in the children's list, and
(b)[F58DBS] [F59deals with] the individual's case,
section 30 applies (with any necessary modifications) as if Ministers are considering to list the individual in the children's list.
(5)Ministers need not list an individual in the children's list under section 14 if [F60they consider that it would be more appropriate for the individual’s case to be dealt with by [F61DBS]]—
F62(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F62(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F63(6)Where—
(a)in pursuance of subsection (5), Ministers do not list an individual in the children’s list under section 14, and
(b) [F64DBS] deals with the individual’s case,
section 30 applies (with any necessary modifications) as if Ministers had listed the individual in the children’s list under section 14.
(7)In this section “relevant corresponding legislation” means—
(a) the Protection of Children Act 1999 (c.14) ,
(b) the Criminal Justice and Court Services Act 2000 (c.43) ,
(c) sections 142 to 144 of the Education Act 2002 (c.32) ,
(d)the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003,
(e) the Safeguarding Vulnerable Groups Act 2006 (c.47) ,
(f) regulations made under Article 70(1) and (2)(e) or 88A(1) and (2)(b) of the Education and Libraries (Northern Ireland) Order 1986,
(g)the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007.]
Textual Amendments
F53Words in s. 39(1) repealed (18.4.2010 for specified purposes, coming into force in accordance with art. 1(2)) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010 (S.S.I. 2010/446), arts. 1(2), 7(2)
F54Words in s. 39(2)(a) substituted (18.4.2010 for specified purposes, coming into force in accordance with art. 1(2)) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010 (S.S.I. 2010/446), arts. 1(2), 7(3)
F55Words in s. 39(2)(a) substituted (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 12(6)(a) (with s. 96); S.S.I. 2021/380, reg. 2, sch.
F56S. 39(3)(a) substituted (18.4.2010 for specified purposes, coming into force in accordance with art. 1(2)) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010 (S.S.I. 2010/446), arts. 1(2), 7(4)(a)
F57Words in s. 39(3)(b) substituted (18.4.2010 for specified purposes, coming into force in accordance with art. 1(2)) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010 (S.S.I. 2010/446), arts. 1(2), 7(4)(b)
F58Word in s. 39(4)(b) substituted (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 12(6)(b) (with s. 96); S.S.I. 2021/380, reg. 2, sch.
F59Words in s. 39(4)(b) substituted (18.4.2010 for specified purposes, coming into force in accordance with art. 1(2)) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010 (S.S.I. 2010/446), arts. 1(2), 7(5)
F60Words in s. 39(5) inserted (18.4.2010 for specified purposes, coming into force in accordance with art. 1(2)) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010 (S.S.I. 2010/446), arts. 1(2), 7(6)(a)
F61Word in s. 39(5) substituted (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 12(6)(b) (with s. 96); S.S.I. 2021/380, reg. 2, sch.
F62S. 39(5)(a)(b) repealed (18.4.2010 for specified purposes, coming into force in accordance with art. 1(2)) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010 (S.S.I. 2010/446), arts. 1(2), 7(6)(b)
F63S. 39(6)(7) inserted (18.4.2010 for specified purposes, coming into force in accordance with art. 1(2)) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010 (S.S.I. 2010/446), arts. 1(2), 7(7)
F64Word in s. 39(6)(b) substituted (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 12(6)(b) (with s. 96); S.S.I. 2021/380, reg. 2, sch.
Commencement Information
I61S. 39 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
(1)Ministers need not list an individual (nor consider an individual for listing) in the adults' list if the individual is already barred from regulated work with adults F65...
(2)Ministers need not consider an individual for listing in the adults' list if—
(a)they consider that it would be more appropriate for the individual's case to be [F66dealt with] by the [F67Disclosure and Barring Service (“DBS”)], or
(b)subsection (3) applies.
(3)This subsection applies where—
[F68(a) the individual’s case has been dealt with in pursuance of relevant corresponding legislation, and ]
(b)Ministers are satisfied that all information relating to the individual which they consider relevant to their decision whether to consider to list the individual was considered [F69before, or when, the individual’s case was last dealt with in pursuance of the relevant corresponding legislation].
(4)Where—
(a)in pursuance of subsection (2)(a), Ministers do not consider an individual for listing in the adults' list, and
(b)[F70DBS] [F71deals with] the individual's case,
section 30 applies (with any necessary modifications) as if Ministers are considering to list the individual in the adults' list.
(5)Ministers need not list an individual in the adults' list under section 14 if [F72they consider that it would be more appropriate for the individual’s case to be dealt with by [F73DBS].]
F74(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F74(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F75(6)Where—
(a)in pursuance of subsection (5), Ministers do not list an individual in the adults’ list under section 14, and
(b)[F76DBS] deals with the individual’s case,
section 30 applies (with any necessary modifications) as if Ministers had listed the individual in the adults’ list under section 14.
(7)In this section “relevant corresponding legislation” means—
(a) Part 7 of the Care Standards Act 2000 (c.14) ,
(b)the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003,
(c) the Safeguarding Vulnerable Groups Act 2006 (c.47) ,
(d)the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007.]
Textual Amendments
F65Words in s. 40(1) repealed (18.4.2010 for specified purposes, coming into force in accordance with art. 1(2)) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010 (S.S.I. 2010/446), arts. 1(2), 8(2)
F66Words in s. 40(2)(a) substituted (18.4.2010 for specified purposes, coming into force in accordance with art. 1(2)) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010 (S.S.I. 2010/446), arts. 1(2), 8(3)
F67Words in s. 40(2)(a) substituted (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 12(7)(a) (with s. 96); S.S.I. 2021/380, reg. 2, sch.
F68S. 40(3)(a) substituted (18.4.2010 for specified purposes, coming into force in accordance with art. 1(2)) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010 (S.S.I. 2010/446), arts. 1(2), 8(4)(a)
F69Words in s. 40(3)(b) substituted (18.4.2010 for specified purposes, coming into force in accordance with art. 1(2)) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010 (S.S.I. 2010/446), arts. 1(2), 8(4)(b)
F70Word in s. 40(4)(b) substituted (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 12(7)(b) (with s. 96); S.S.I. 2021/380, reg. 2, sch.
F71Words in s. 40(4)(b) substituted (18.4.2010 for specified purposes, coming into force in accordance with art. 1(2)) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010 (S.S.I. 2010/446), arts. 1(2), 8(5)
F72Words in s. 40(5) inserted (18.4.2010 for specified purposes, coming into force in accordance with art. 1(2)) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010 (S.S.I. 2010/446), arts. 1(2), 8(6)(a)
F73Word in s. 40(5) substituted (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 12(7)(b) (with s. 96); S.S.I. 2021/380, reg. 2, sch.
F74S. 40(5)(a)(b) repealed (18.4.2010 for specified purposes, coming into force in accordance with art. 1(2)) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010 (S.S.I. 2010/446), arts. 1(2), 8(6)(b)
F75S. 40(6)(7) inserted (18.4.2010 for specified purposes, coming into force in accordance with art. 1(2)) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010 (S.S.I. 2010/446), arts. 1(2), 8(7)
F76Word in s. 40(6)(b) substituted (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 12(7)(b) (with s. 96); S.S.I. 2021/380, reg. 2, sch.
Commencement Information
I62S. 40 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
(1)No proceedings are competent in respect of any loss or damage incurred by any person because of—
(a)the fact that an individual is or is not listed,
(b)the fact that Ministers have or have not considered whether to list an individual,
(c)the provision of information in pursuance of any of sections 3 to 8 and 18 to 20 [F77(or of any other power or duty to provide information to Ministers in relation to their functions under this Part)].
(2)Subsection (1)(c) does not apply if the provider of the information—
(a)knew, or was reckless as to whether, it was untrue or misleading in a material respect, and
(b)provided it—
(i)in purported compliance with any of sections 3 to 8 and 18 to 20[F78(or of any other power or duty to provide information to Ministers in relation to their functions under this Part)], or
(ii)in other circumstances in which the provider knew, or could reasonably be expected to have known, that it would be used by Ministers, or provided to them for use, in connection with the performance of their functions under this Part.
Textual Amendments
F77Words in s. 41(1)(c) inserted (18.4.2010 coming into force in accordance with art. 1(2)) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010 (S.S.I. 2010/446), arts. 1(2), 9
F78A
Commencement Information
I63S. 41 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
(1)Ministers may, by regulations, make further provision about—
(a)the information about listed individuals which is to be included in the children's list and adults' list,
(b)the maintenance of those lists, and
(c)the procedure which is to be followed in relation to any decision which Ministers are authorised or required to take under this Part.
(2)The regulations may, in particular, make provision in relation to the time within which anything has to be done.
Commencement Information
I64S. 42(1)(a)(b) in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
I65S. 42(1)(c)(2) in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.
I66S. 42(1)(c)(2) in force at 28.2.2011 in so far as not already in force by S.S.I. 2011/157, art. 2(a)
(1)Ministers must list in the children's list each individual who was included (otherwise than provisionally) in the list kept under section 1 of the Protection of Children (Scotland) Act 2003 (asp 5) (“the 2003 Act”) immediately before that section was repealed.
(2)Ministers must give notice of listing under subsection (1) to each individual listed under that subsection.
(3)An individual who is listed under subsection (1) is to be treated for the purposes of this Act as having been so listed—
(a)under the provision of this Part which most closely corresponds to the provision in the 2003 Act under which the individual was included in the list kept under section 1 of that Act, and
(b)on the day on which the individual was included in the list kept under section 1 of the 2003 Act.
(4)The provisions of this Part are accordingly to apply in relation to such an individual with any necessary modifications.
(5)Section 29(1)(b) is not to be read as requiring or authorising Ministers to remove such an individual from the children's list where it appears to them that the individual—
(a)would not have been listed under the provision of this Part which most closely corresponds to the provision in the 2003 Act under which the individual was included in the list kept under section 1 of the 2003 Act, but
(b)should have been included in the list kept under the 2003 Act under the provision of that Act which corresponds most closely with the provision of this Part under which the individual is to be treated as having been listed.
(6)A notice required by subsection (2) may be given—
(a)by delivering it to the listed individual,
(b)by leaving it at the listed individual's usual or last known place of abode, or
(c)by sending it by post to the listed individual at that place.
Commencement Information
I67S. 43 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
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