Protection of Vulnerable Groups (Scotland) Act 2007

Fees, forms and other proceduresS

70FeesS

(1)Ministers may charge such fee as may be prescribed—

(a)in respect of applications to join, or to be removed from, the Scheme [F1or to renew membership of the Scheme],

(b)in respect of [F2requests for confirmations of scheme membership under section 54], and

(c)otherwise in respect of the performance of their functions under this Part.

(2)Regulations may, in particular, provide for—

(a)different fees in different circumstances,

(b)annual or other recurring fees in respect of participation in the Scheme,

(c)reduction, waiver or refund of fees in prescribed circumstances.

[F3(d)the manner in which fees are to be paid.]

(3)Before prescribing fees under this section, Ministers must have regard to—

(a)the circumstances in which those fees are payable, and

(b)the desirability of maintaining an appropriate balance among—

(i)the quality of the performance of their vetting, barring and disclosure functions,

(ii)the cost of that performance, and

(iii)the fees paid to them in respect of that performance.

(4)Where regulations provide for a fee to be charged in respect of—

(a)an application to join, or to be removed from, the Scheme [F4or to renew membership of the Scheme,], or

(b)a [F5request for confirmation of scheme membership under section 54],

Ministers need not consider the application or request unless the fee is paid [F6in the manner provided for in the regulations].

Textual Amendments

F1Words in s. 70(1)(a) inserted (30.9.2024 for specified purposes) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(41)(a)(i) (with s. 96); S.S.I. 2024/242, reg. 2, sch.

F2Words in s. 70(1)(b) substituted (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(41)(a)(ii) (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.

F3S. 70(2)(d) inserted (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(41)(b) (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.

F4Words in s. 70(4)(a) inserted (30.9.2024 for specified purposes) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(41)(c)(i) (with s. 96); S.S.I. 2024/242, reg. 2, sch.

F5Words in s. 70(4)(b) substituted (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(41)(c)(ii) (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.

F6Words in s. 70(4) inserted (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(41)(c)(iii) (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.

Modifications etc. (not altering text)

Commencement Information

I1S. 70(1)-(3) in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.

I2S. 70(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)

I3S. 70(4) in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

71FormsS

(1)It is for Ministers to determine the form and manner in which—

(a)applications to join, or to be removed from, the Scheme,

(b)requests to correct a scheme record, and

[F7(c)requests for confirmation of scheme membership under section 54 (including a statement under subsection (3) of that section),]

must be made.

(2)Ministers may, in particular, determine that any such application, request or [F8statement] may be made in electronic form.

(3)Ministers need not consider any such application, request or [F9statement] unless it is made in the form and manner determined by them (or in a form and manner as close to that as circumstances permit).

Textual Amendments

Commencement Information

I4S. 71 in force at 12.10.2010 by S.S.I. 2010/344, art. 2(a)(iii)

72ProcedureS

(1)Ministers may, by regulations, make such further provision about the administration of the Scheme as they think fit.

(2)Regulations may, in particular—

(a)prescribe further procedure relating to applications to join, or to be removed from, the Scheme [F10or to renew membership of the Scheme],

(b)prescribe circumstances in which scheme members are to be removed from the Scheme,

F11(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F12(d)prescribe further procedure for making requests for confirmations of scheme membership under section 54 and making such confirmations available in pursuance of such requests.]

Textual Amendments

F10Words in s. 72(2)(a) inserted (30.9.2024 for specified purposes) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(43)(a) (with s. 96); S.S.I. 2024/242, reg. 2, sch.

F11S. 72(2)(c) repealed (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(43)(b) (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.

F12S. 72(2)(d) substituted (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(43)(c) (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.

Commencement Information

I5S. 72 in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.

I6S. 72 in force at 28.2.2011 in so far as not already in force by S.S.I. 2011/157, art. 2(a)