Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14)

Part 2SVetting and disclosure

Modifications etc. (not altering text)

C1Pt. 2 modified (28.2.2011) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Consequential Provisions) Order 2010 (S.I. 2010/2660), arts. 1, 22

C2Pt. 2 modified (28.2.2011) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Consequential Provisions) Order 2010 (S.I. 2010/2660), arts. 1, 21

The SchemeS

44The SchemeS

Ministers are to administer a scheme (“the Scheme”) under which information about individuals who [F1carry out, or wish to carry out, regulated roles] with children or protected adults is—

(a)collated, and

(b)disclosed,

in accordance with this Part.

Textual Amendments

F1Words in s. 44 substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(28) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

Commencement Information

I1S. 44 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 4)

[F245Participation in SchemeS

(1)An individual aged 16 or over may apply to Ministers—

(a)to join the Scheme and become a member of the Scheme (a “scheme member”), or

(b)if the individual is an existing scheme member, to renew that membership.

(2)An individual may participate in the Scheme in relation to—

(a)regulated roles with children,

(b)regulated roles with adults, or

(c)both types of regulated role.

(3)Ministers must allow an individual to participate in the Scheme in relation to a type of regulated role if the individual is—

(a)not barred from that type of regulated role, and

(b)aged 16 or over.]

Textual Amendments

F2S. 45 substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), ss. 70, 97 (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

Commencement Information

I2S. 45 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

[F345CIndividuals must be scheme members to carry out regulated rolesS

(1)It is an offence for an individual to carry out, or to agree to carry out, any type of regulated role unless the individual participates in the Scheme in relation to that type of regulated role.

(2)For the purposes of subsection (1), an individual is not to be treated as having agreed to carry out a regulated role if the individual's agreement is subject to the individual's participating in the Scheme in relation to that type of role.

(3)It is a defence for an individual charged with an offence under subsection (1)—

(a)to prove that the individual did not know, and could not reasonably be expected to have known, that the role concerned was a regulated role, and

(b)where the individual participated in the Scheme in relation to the type of regulated role concerned and the individual's membership of the Scheme in relation to that type of regulated role was not renewed, to prove that the individual did not know, and could not reasonably be expected to have known, that the individual's membership of the Scheme had not been renewed.

(4)Subsection (1) does not apply to an individual who is—

(a)barred from the type of regulated role concerned (but see section 34),

(b)aged under 16.]

Textual Amendments

F3Ss. 45C-45G inserted (30.9.2024 for specified purposes, 1.4.2025 for specified purposes) by Disclosure (Scotland) Act 2020 (asp 13), ss. 73(2), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch. (with reg. 12)

[F345DOrganisations not to use individuals for regulated roles without confirming scheme membershipS

(1)It is an offence for an organisation to offer any type of regulated role to an individual unless the organisation has received a Level 2 disclosure in pursuance of a request under section 18(1)(a) of the Disclosure (Scotland) Act 2020 containing a statement confirming that the individual participates in the Scheme in relation to that type of regulated role.

(2)For the purposes of subsection (1), an organisation is not to be treated as having offered a regulated role to an individual if the offer is subject to the organisation receiving a Level 2 disclosure as mentioned in subsection (1).

(3)Subsection (1) does not apply in relation to an individual who is—

(a)barred from the type of regulated role concerned (but see section 35),

(b)aged under 16.]

Textual Amendments

[F345EPower to require organisations to stop using individuals for regulated roles without scheme membershipS

(1)Ministers may by regulations—

(a)prohibit an organisation from permitting an individual to carry out a regulated role,

(b)require an organisation to remove an individual from a regulated role,

where the individual does not participate in the Scheme in relation to that type of regulated role.

(2)Regulations under subsection (1) may in particular—

(a)impose prohibitions or requirements—

(i)in relation to particular types of organisations,

(ii)in relation to particular kinds of regulated roles,

(b)otherwise limit the purposes 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.

(3)An organisation which fails to comply with regulations made under subsection (1) commits an offence.

(4)It is a defence for an organisation charged with an offence under subsection (3) to prove that it did not know, and could not reasonably be expected to have known, that the individual does not participate in the Scheme in relation to that type of regulated role.]

Textual Amendments

[F345FPersonnel suppliers not to supply individuals for regulated roles without confirming scheme membershipS

(1)Subsection (2) applies where a personnel supplier knows or has reason to believe that an organisation will make arrangements for an individual to carry out a type of regulated role.

(2)Where this subsection applies, it is an offence for the personnel supplier to offer or supply the individual to the organisation in relation to that type of regulated role unless the personnel supplier has received a Level 2 disclosure in pursuance of a request under section 18(1)(a) of the Disclosure (Scotland) Act 2020 containing a statement confirming that the individual participates in the Scheme in relation to that type of regulated role.

(3)Subsection (2) does not apply in relation to an individual who is—

(a)barred from the type of regulated role concerned (but see section 36),

(b)aged under 16.]

Textual Amendments

[F345GPenalties for offences relating to regulated roles by individuals not in SchemeS

A person who commits an offence under section 45C, 45D, 45E or 45F is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both),

(b)on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).]

Textual Amendments

[F4[F545H] Offences outside ScotlandS

(1)This section applies where an offence is committed under section 45C, 45D, 45E or 45F 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

F4S. 45H inserted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), ss. 88(3), 97 (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F5S. 47H renumbered as s. 45H (1.4.2025) by The Disclosure (Scotland) Act 2020 (Incidental, Supplementary and Consequential Provision) Regulations 2025 (S.S.I. 2025/74), reg. 1(1), sch. 1 para. 2(4); S.S.I. 2025/27, reg. 3, sch.)

[F646 Confirmation of scheme membershipS

(1)Ministers must provide a confirmation of scheme membership to each scheme member.

(2)A confirmation of scheme membership is a document which—

(a)specifies the type of regulated role in relation to which the scheme member participates in the Scheme,

(b)confirms that the scheme member is not barred from that type of role,

(c)if Ministers are considering whether to list the member in relation to that type of role—

(i)states that fact, and

(ii)sets out details of any conditions that Ministers have imposed under section 13A(1) or, if no such conditions have been imposed, states that fact, and

(d)contains such other information about the scheme member as may be prescribed.

(3)Ministers need not comply with subsection (1) where, at the same time as the individual applies to join the scheme, the individual makes an application under section 11 of the Disclosure (Scotland) Act 2020 for a Level 2 disclosure where section 17 of that Act applies.]

Textual Amendments

F6S. 46 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), ss. 86(2), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch. (with reg. 14) (as amended by S.S.I. 2025/73, regs. 1, 2(2)); S.S.I. 2025/27, reg. 3(1)(2), sch. (with reg. 11)

Commencement Information

I3S. 46 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

[F746ANotice of barred statusS

(1)Subsection (2) applies where—

(a)an accredited body has countersigned an application for a Level 2 disclosure,

(b)the individual applying for the disclosure seeks to participate in the Scheme,

(c)the purpose of the disclosure is to enable the accredited body (or any person for whom the body acts) to consider the individual's suitability to carry out, or to be offered or supplied for, a type of regulated role, and

(d)Ministers have refused to allow the individual to participate in the Scheme in relation to that type of regulated role because the individual is—

(i)barred from regulated roles with children, or (as the case may be)

(ii)barred from regulated roles with adults.

(2)Where this subsection applies, Ministers must notify the accredited body that they have refused to allow the individual to participate in the Scheme in relation to that type of regulated role because the individual is—

(a)barred from regulated roles with children, or (as the case may be)

(b)barred from regulated roles with adults.

(3)In this section—

“accredited body” has the meaning given in section 46(2) of the Disclosure (Scotland) Act 2020,
“Level 2 disclosure” has the meaning given in section 8 of that Act.]

Textual Amendments

F7S. 46A inserted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), ss. 79, 97 (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.