Protection of Vulnerable Groups (Scotland) Act 2007

[F1Offences relating to confirmation of scheme membership]S

Textual Amendments

65[F2Falsification of confirmation of scheme membership]S

(1)It is an offence for a person, with intent to deceive, to—

(a)make a document which purports to be a [F3confirmation of scheme membership made available under section 54],

(b)alter [F4such a confirmation],

(c)use, or allow another person to use, [F5such a confirmation] in a way which suggests that it relates to an individual other than the scheme member in respect of whom it was [F6made available].

(2)It is an offence for a person to knowingly make a false or misleading declaration or other statement for the purposes of—

(a)obtaining, or enabling another person to obtain, a [F7confirmation of scheme membership under section 54], or

(b)satisfying Ministers that an individual who is [F8carrying out a regulated role] is not doing so.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I1S. 65 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

66[F9Unlawful disclosure of confirmation of scheme membership]S

(1)A person to whom [F10a confirmation of scheme membership is made available under section 54] commits an offence if the person discloses it to any other person.

(2)A person does not commit an offence under subsection (1) by disclosing the [F11confirmation of scheme membership]—

(a)to any of the person's employees,

(b)where the person is not an individual, to any member or officer of the person, or

(c)where the [F12confirmation of scheme membership was made available] for the purpose of enabling or assisting another person to consider a scheme member's suitability to [F13carry out, or to be offered or supplied for, a regulated role]—

(i)to that other person,

(ii)to any of that other person's employees, or

(iii)where that other person is not an individual, to any member or officer of that other person.

(3)An individual to whom [F14a confirmation of scheme membership] is disclosed lawfully by virtue of subsection (2)(a) or (b) or (4)(a) commits an offence if the individual discloses it to any other person.

(4)An individual does not commit an offence under subsection (3) by disclosing the [F15confirmation of scheme membership], in the course of the individual's duties—

(a)to any other individual who is a member, officer or employee of the person to whom the [F16confirmation of scheme membership was made available under section 54], or

(b)where the [F17confirmation of scheme membership was made available] for the purpose of enabling or assisting another person to consider a scheme member's suitability to [F18carry out, or to be offered or supplied for, a regulated role]—

(i)to that other person,

(ii)to any of that other person's employees, or

(iii)where that other person is not an individual, to any member or officer of that other person.

(5)A person to whom [F19a confirmation of scheme membership made available under section 54] is disclosed lawfully by virtue of subsection (2)(c)(i) or (4)(b)(i) commits an offence if the person discloses it to any other person.

(6)A person does not commit an offence under subsection (5) by disclosing the [F20confirmation of scheme membership]—

(a)to any of the person's employees, or

(b)where the person is not an individual, to any member or officer of the person.

(7)An individual to whom [F21a confirmation of scheme membership made available under section 54] is disclosed lawfully by virtue of subsection (2)(c)(ii) or (iii), (4)(b)(ii) or (iii) or (6) commits an offence if the person discloses it to any other person.

(8)An individual does not commit an offence under subsection (7) by disclosing the [F22confirmation of scheme membership], in the course of the individual's duties, to any other individual who is a member, officer or employee of the person for whose purposes the [F23confirmation of scheme membership was made available under section 54].

(9)A person to whom [F24a confirmation of scheme membership made available under section 54] is disclosed unlawfully commits an offence if the person discloses it to any other person.

Textual Amendments

Commencement Information

I2S. 66 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

67[F25Unlawful requests for and use of confirmation of scheme membership]S

(1)It is an offence to request provision of, or to otherwise seek sight of, a [F26confirmation of scheme membership under section 54] for a purpose other than the permitted purpose.

(2)It is an offence to use [F27a confirmation of scheme membership made available under section 54] for a purpose other than the permitted purpose.

(3)The permitted purpose is to enable or assist a person (“Z”) to consider the suitability of the individual to whom the [F28confirmation of scheme membership] relates—

[F29(a)to carry out, or to be offered or supplied for, the type of regulated role to which the confirmation of scheme membership relates,]

(b)to [F30carry out that type of regulated role] in prescribed circumstances for any person other than Z in pursuance of arrangements under which services are provided to Z.

F31(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I3S. 67(1)(2)(3)(a)(4) in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

I4S. 67(3)(b) in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.

I5S. 67(3)(b) in force at 28.2.2011 in so far as not already in force by S.S.I. 2011/157, art. 2(a)

68Unlawful disclosure etc.: supplementaryS

(1)Nothing in section 66 prevents disclosure of [F32a confirmation of scheme membership made available under section 54]—

(a)by the scheme member to whom the [F33confirmation of scheme membership] relates,

(b)by any other person with the consent of the scheme member to whom the [F34confirmation of scheme membership] relates,

(c)to an office-holder in the Scottish Administration or a government department,

(d)to a person appointed to any office by virtue of any enactment,

(e)in accordance with any obligation to provide information imposed by virtue of any enactment,

(f)for the purposes of answering a prescribed type of exempted question, or

(g)for some other prescribed purpose.

(2)Nothing in subsections (2), (4), (6) or (8) of section 66 makes lawful any disclosure of [F35a confirmation of scheme membership made available under section 54] otherwise than for the purpose of enabling or assisting the person in relation to whom the [F36confirmation of scheme membership was made available under section 54] to consider the suitability of the scheme member concerned to [F37carry out, or to be offered or supplied for, the type of regulated role] concerned.

(3)Nothing in section 67 prevents use of [F38a confirmation of scheme membership made available under section 54] for a purpose other than the permitted purpose—

(a)by the scheme member to whom the [F39confirmation of scheme membership] relates,

(b)by any other person with the consent of the scheme member to whom the [F40confirmation of scheme membership] relates,

(c)by an office-holder in the Scottish Administration or a government department,

(d)by a person appointed to any office by virtue of any enactment,

(e)in accordance with any obligation to provide information imposed by virtue of any enactment,

(f)in order to answer a prescribed type of exempted question, or

(g)in any other prescribed circumstances.

[F41(4)In sections 66 and 67(2) and in this section, references to a confirmation of scheme membership include references to any information contained in a confirmation of scheme membership.]

(5)“Exempted question”, where used in subsections (1)(f) and (3)(f), means a question in relation to which section 4(2)(a) or (b) of the Rehabilitation of Offenders Act 1974 (c. 53) has been excluded by order made under section 4(4) of that Act.

Textual Amendments

Commencement Information

I6S. 68 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

69[F42Penalties for offences relating to confirmation of scheme membership]S

A person guilty of an offence under section 65, 66 or 67 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.

Textual Amendments

Commencement Information

I7S. 69 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)