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Protection of Vulnerable Groups (Scotland) Act 2007

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Protection of Vulnerable Groups (Scotland) Act 2007 is up to date with all changes known to be in force on or before 13 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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SCHEDULE 1SRelevant offences

(introduced by section 32)

1SAn offence falls within this paragraph if it is—

(a)an offence under section 12 (cruelty to children under 16) of the Children and Young Persons (Scotland) Act 1937 (c. 37),

(b)an offence under section 15 (causing or allowing children under 16 to be used for begging or procuring alms) of that Act,

(c)an offence under section 22 (exposing a child under 7 to risk of burning) of that Act,

(d)an offence under section 33 (causing or allowing children under 17 to participate in performances which endanger life or limb) of that Act,

(e)an offence under section 52 (taking, distributing, showing, or publishing etc. any indecent photograph or pseudo-photograph of a child) of the Civic Government (Scotland) Act 1982 (c. 45),

(f)an offence under section 52A (possessing any indecent photograph or pseudo-photograph of a child) of that Act,

F1(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h)an offence under section 3 (intercourse of person in position of trust with child under 16) of [F2the Criminal Law (Consolidation) (Scotland) Act 1995 (c.39)],

[F3(i)an offence under section 5(2) (attempt to have intercourse with a girl under 13) of that Act,

(ia) an offence under section   5(3) (intercourse or attempt to have intercourse with a girl of over 13 and under 16) of that Act, ]

(j)an offence under section 6 (indecent behaviour towards girl between 12 and 16) of that Act,

(k)an offence under section 8 (abduction and unlawful detention of unmarried girl under 18) of that Act,

(l)an offence under section 9 (permitting girl under 16 to use premises for intercourse) of that Act,

(m)an offence under section 10 (causing or encouraging the seduction of, the prostitution of, unlawful intercourse with or the commission of an indecent assault on a girl under 16) of that Act,

(n)an offence under section 12 (allowing child who is 4 or over but under 16 to be in a brothel) of that Act,

(o)an offence under section 13(5)(c) (homosexual acts with a boy under 16) of that Act,

(p)an offence under section 3 (sexual activity of person in position of trust with child) of the Sexual Offences (Amendment) Act 2000 (c. 44),

(q)an offence under section 1 (meeting a child following certain preliminary contact) of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9),

F4(r). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(s)an offence under section 9 (paying for sexual services of a child) of that Act,

(t)an offence under section 10 (causing or inciting provision by child of sexual services or child pornography) of that Act,

(u)an offence under section 11 (controlling a child providing sexual services or involved in pornography) of that Act,

(v)an offence under section 12 (arranging or facilitating provision by child of sexual services or child pornography) of that Act.

[F5(w) an offence under section   20(1) and (2)(a) (sexual assault on a young child (under 13) by penetration of the vagina, anus or mouth by any means) of the Sexual Offences (Scotland) Act 2009 (asp 9) where the conviction is in summary proceedings,

(x)an offence under section 20(1) and (2)(b) to (e) (sexual assault on a young child) of that Act,

(y)an offence under section 21 (causing a young child to participate in a sexual activity) of that Act,

(z)an offence under section 22 (causing a young child to be present during a sexual activity) of that Act,

(za)an offence under section 23 (causing a young child to look at a sexual image) of that Act,

(zb) an offence under section 24 (communicating indecently with a young child etc. ) of that Act,

(zc)an offence under section 25 (sexual exposure to a young child) of that Act,

(zd)an offence under section 26 (voyeurism towards a young child) of that Act,

(ze)an offence under section 28 (having intercourse with an older child) of that Act,

(zf)an offence under section 29 (engaging in penetrative sexual activity with or towards an older child) of that Act,

(zg)an offence under section 30 (engaging in sexual activity with or towards an older child) of that Act,

(zh)an offence under section 31 (causing an older child to participate in a sexual activity) of that Act,

(zi)an offence under section 32 (causing an older child to be present during a sexual activity) of that Act,

(zj)an offence under section 33 (causing an older child to look at a sexual image) of that Act,

(zk) an offence under section 34 (communicating indecently with an older child etc. ) of that Act,

(zl)an offence under section 35 (sexual exposure to an older child) of that Act,

(zm)an offence under section 36 (voyeurism towards an older child) of that Act,

(zn)an offence under section 42 (sexual abuse of trust) of that Act,

(zo)an offence in respect of attempting or conspiring to commit any offence referred to in this paragraph,

(zp)an offence in respect of aiding and abetting, inciting, counselling or procuring any offence referred to in this paragraph,

(zq)an offence in respect of attempting or conspiring to commit any offence listed in paragraphs 9, 10 or 11 of Schedule 1 to the Protection of Vulnerable Groups (Scotland) Act 2007 (Automatic Listing) (Specified Criteria) Order 2010,

(zr)an offence in respect of aiding and abetting, inciting, counselling or procuring any offence listed in paragraphs 9, 10 or 11 of Schedule 1 to the Protection of Vulnerable Groups (Scotland) Act 2007 (Automatic Listing) (Specified Criteria) Order 2010,

[F6(zra)an offence under section 34 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016,

(zrb)an offence under section 37 of that Act in respect of a breach of—

(i)a sexual risk order made under section 122A of the Sexual Offences Act 2003,

(ii)an interim sexual risk order made under section 122E of the Sexual Offences Act 2003,

(iii)a risk of sexual harm order made under section 123 of the Sexual Offences Act 2003, or

(iv)an interim risk of sexual harm order made under section 126 of the Sexual Offences Act 2003,]

(zs)an offence which—

(i)is similar in nature to an offence referred to in this paragraph, and

(ii)was provided for in an enactment which is no longer in force or was an offence at common law which has been abolished by an enactment.]

Textual Amendments

F1Sch. 1 para. 1(g) omitted (28.2.2011 coming into force in accordance with art. 1) by virtue of The Protection of Vulnerable Groups (Scotland) Act 2007 (Relevant Offences) (Modification) Order 2010 (S.S.I. 2010/246), arts. 1, 3

F2Words in Sch. 1 para. 1(h) substituted (28.2.2011 coming into force in accordance with art. 1) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Relevant Offences) (Modification) Order 2010 (S.S.I. 2010/246), arts. 1, 4

F3Sch. 1 para. 1(i)(ia) substituted for Sch. 1 para. 1(i) (28.2.2011 coming into force in accordance with art. 1) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Relevant Offences) (Modification) Order 2010 (S.S.I. 2010/246), arts. 1, 5

F5Sch. 1 para. 1(w)(zs) inserted (28.2.2011 coming into force in accordance with art. 1) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Relevant Offences) (Modification) Order 2010 (S.S.I. 2010/246), arts. 1, 6

Commencement Information

I1Sch. 1 para. 1 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

2SAn individual falls within this paragraph if the individual—

[F7(za)commits an offence of culpable homicide in relation to a child,]

(a)commits an offence under section 4(3) (offering or supplying controlled drugs) of the Misuse of Drugs Act 1971 (c. 38) in relation to a child,

[F8(aa)commits an offence under section 170 (penalty for fraudulent evasion of duty etc.) of the Customs and Excise Management Act 1979 (c.2) in relation to goods prohibited to be imported under section 42 (indecent or obscene articles) of the Customs Consolidation Act 1876 (c.36), if the prohibited goods included indecent photographs of persons under 16,]

(b)commits an offence under section 1 (incest) of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39) by having sexual intercourse with a child,

[F9(ba)commits an offence under section 2 (intercourse with a step-child) of that Act in relation to a child,]

(c)commits an offence under section 7 (procuring unlawful intercourse etc.) of that Act in relation to a child,

(d)commits an offence under section 11 (trading in prostitution and brothel-keeping) of that Act in relation to a child,

(e)commits an offence under section 13(6) (procuring commission of homosexual act between males) of that Act by procuring, or attempting to procure, a child to commit a homosexual act,

[F10(ea)commits an offence under section 83 (offence of ill treatment and wilful neglect) of the Adults with Incapacity (Scotland) Act 2000 (asp 4) in relation to a child,

(eb)commits an offence under section 311(1) and (2)(a) (non‑consensual sexual acts) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) in relation to a child where the conviction is in summary proceedings,

(ec)commits an offence under section 311(1) and 2(b) (non‑consensual sexual acts) of that Act in relation to a child,

(ed)commits an offence under section 313 (persons providing core services: sexual offences) of that Act in relation to a child,

(ee)commits an offence under section 315 (ill treatment and wilful neglect of mentally disordered person) of that Act in relation to a child,

(ef)commits an offence under section 4 (trafficking people for exploitation) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c.19) in relation to a child,

(eg)commits an offence under section 1 (offence of female genital mutilation) of the Prohibition of Female Genital Mutilation (Scotland) Act 2005 (asp 8) in relation to a child,

(eh)commits an offence under section 3 (aiding and abetting female genital mutilation) of that Act in relation to a child,

(ei)commits an offence under section 3(1) and 2(a) (sexual assault by penetration of the vagina, anus or mouth by any means) of the Sexual Offences (Scotland) Act 2009 (asp 9) in relation to a child where the conviction is in summary proceedings,

(ej)commits an offence under section 3(1) and (2)(b) to (e) (sexual assault) of that Act in relation to a child,

(ek)commits an offence under section 4 (sexual coercion) of that Act in relation to a child,

(el)commits an offence under section 5 (coercing a person into being present during a sexual activity) of that Act in relation to a child,

(em)commits an offence under section 6 (coercing a person into looking at a sexual image) of that Act in relation to a child,

(en)commits an offence under section 7 (communicating indecently etc.) of that Act in relation to a child,

(eo)commits an offence under section 8 (sexual exposure) of that Act in relation to a child,

(ep)commits an offence under section 9 (voyeurism) of that Act in relation to a child,

(eq)commits an offence under section 11 (administering a substance for sexual purposes) of that Act in relation to a child,

(er)commits an offence under section 46 (sexual abuse of trust of a mentally disordered person) of that Act in relation to a child.]

(f)commits any other offence which caused, or was intended to cause, bodily injury to a child,

(g)commits any other offence by engaging in lewd, indecent or libidinous practice or behaviour towards a child.

[F11(h)commits an offence in respect of attempting or conspiring to commit any offence referred to in this paragraph,

(i)commits an offence in respect of aiding and abetting, inciting, counselling or procuring any offence referred to in this paragraph, other than an offence referred to in sub-paragraph (eh),

(j)commits an offence in respect of attempting or conspiring to commit any offence listed in paragraphs 1, 2, 3, 5, 6, 7 or 8 of Schedule 1 to the Protection of Vulnerable Groups (Scotland) Act 2007 (Automatic Listing) (Specified Criteria) Order 2010 in relation to a child,

(k)commits an offence in respect of aiding and abetting, inciting, counselling or procuring any offence listed in paragraphs 1, 2, 3, 5, 6, 7 or 8 of Schedule 1 to the Protection of Vulnerable Groups (Scotland) Act 2007 (Automatic Listing) (Specified Criteria) Order 2010 in relation to a child,

(l)commits an offence in relation to a child which—

(i)is similar in nature to an offence referred to in this paragraph, and

(ii)was provided for in an enactment which is no longer in force or was an offence at common law which has been abolished by an enactment.]

[F12SCHEDULE 2SRegulated roles with children

(introduced by section 91(2))

Textual Amendments

F12Sch. 2 substituted (30.9.2024 but only for the purposes of making certain regulations, otherwise prosp.) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 3 (with s. 96) (as amended by 2024 asp 5, s. 38(3), sch. para. 19(2); S.S.I. 2024/21, reg. 2(j)(ii) (with reg. 3)); S.S.I. 2024/242, reg. 2, sch.

PART 1SPreliminary

Regulated roles with childrenS

1(1)A regulated role with children is a role of any description which—S

(a)involves the carrying out of one or more activities mentioned in Part 2 of this schedule, and

(b)satisfies the conditions mentioned in sub-paragraph (2).

(2)The conditions are—

(a)the activities are carried out—

(i)as a necessary part of the role, and

(ii)in Scotland, and

(b)in the case of—

(i)activities mentioned in paragraph 21 of Part 2 of this schedule, the carrying out of the activities gives the individual carrying them out, when doing anything permitted or required in connection with the carrying out of the activities, the opportunity to have unsupervised contact with children,

(ii)other activities mentioned in Part 2 of this schedule, the carrying out of the activities gives the individual carrying them out, when doing anything permitted or required in connection with the carrying out of the activities, the opportunity to have contact with children.

(3)A role—

(a)the normal duties of which include the day-to-day supervision or management of an individual carrying out a regulated role by virtue of sub-paragraph (1), or

(b)which involves training or studying in Scotland to carry out one or more activities mentioned in Part 2 of this schedule and which gives the individual undertaking the training or study, when doing anything permitted or required in connection with undertaking the training or study, the opportunity to have contact with children,

is to be treated as a regulated role with children for the purposes of sub-paragraph (1).

(4)For the purposes of sub-paragraph (2)(a)(ii), where—

(a)an activity is carried out outside the United Kingdom, the Channel Islands and the Isle of Man by an individual who is ordinarily resident in the United Kingdom,

(b)the activity is carried out for—

(i)an organisation with a place of business in Scotland, or

(ii)a personnel supplier with a place of business in Scotland, and

(c)the organisation's or personnel supplier's functions in relation to the carrying out of the activity by the individual are principally exercised at that place of business,

the activity is to be treated as if it were carried out in Scotland.

(5)For the purposes of sub-paragraph (3)(b), where—

(a)training or study is undertaken outside the United Kingdom, the Channel Islands and the Isle of Man by an individual who is ordinarily resident in the United Kingdom,

(b)the person with principal responsibility for the provision of the training or course of study is—

(i)an organisation with a place of business in Scotland, or

(ii)a personnel supplier with a place of business in Scotland, and

(c)the organisation's or personnel supplier's functions in relation to the undertaking of the training or study by the individual are principally exercised at that place of business,

the training or study is to be treated as if it were undertaken in Scotland.

Exceptions to regulated roles with childrenS

2(1)A role which would be a regulated role with children by virtue of the carrying out of an activity mentioned in any of the paragraphs of Part 2 of this schedule is not, despite any of those provisions, a regulated role with children if—S

(a)the activity is carried out in relation to children in the course of the children's work (whether paid or unpaid work),

(b)the activity is carried out in the course of a family relationship, or

(c)the activity is carried out for an individual (“A”)—

(i)in the course of a personal relationship,

(ii)for no commercial consideration, and

(iii)for the benefit of A, a member of A's family or A's friend.

(2)In sub-paragraph (1)(b)—

(a)a family relationship does not include a relationship between a child and a foster carer in relation to the child,

(b)a family relationship includes a relationship between two persons who—

(i)live in the same household, and

(ii)treat each other as though they were members of the same family.

(3)In sub-paragraph (1)(c)—

(a)a personal relationship is a relationship between or among friends, and

(b)benefit” does not include commercial benefit.

(4)For the purposes of sub-paragraphs (1)(c) and (3)(a), a friend of a member of an individual's family is to be regarded as being the individual's friend.

(5)Ministers may prescribe circumstances in which an activity is or is not to be treated for the purposes of this paragraph as being done in the course of a family or personal relationship.

Definitions in relation to contact with childrenS

3(1)In paragraph 1(2)(b)—S

  • “contact with children”—

    (a)

    means, in relation to an activity, contact that is more than incidental to the carrying out of the activity, and

    (b)

    includes physical contact with children, written or verbal communication with children, and exercising power or influence over children,

  • unsupervised contact with children” means contact with children in the absence of—

    (a)

    a responsible person,

    (b)

    a person carrying out an activity mentioned in paragraph 4, 8 or 12 of Part 2 of this schedule, or

    (c)

    an individual who, in relation to a child, has agreed to supervise the contact under arrangements made by the child's parent or guardian or any person aged 18 or over with whom the child lives in the course of a family or personal relationship,

  • responsible person” means, in relation to a child, any of the following persons—

    (a)

    the child's parent or guardian,

    (b)

    any person aged 18 or over with whom the child lives,

    (c)

    the person in charge of any of the following establishments in which the child is accommodated, is a patient or receives education (and any person acting on behalf of such a person)—

    (i)

    secure accommodation for children,

    (ii)

    a hospital which is used exclusively or mainly for the reception and treatment of children,

    (iii)

    an educational institution,

    (iv)

    a hostel,

    (v)

    a residential care setting,

    (d)

    a person who provides day care of children (within the meaning of schedule 12 of the Public Services Reform (Scotland) Act 2010),

    (e)

    any person holding a position mentioned in sub-paragraph (2),

  • “family relationship” and “personal relationship” are to be construed in accordance with paragraph 2(2) to (4).

(2)The positions referred to in paragraph (e) of the definition of “responsible person” in sub-paragraph (1) are—

(a)a manager or member of a governing body, body of trustees or other body responsible for the management of an educational institution or a hostel (other than a member of a council),

(b)a member of—

(i)a committee (including joint committee) of a council which is concerned with the provision of education, accommodation, social services or health care services to children,

(ii)a sub-committee which discharges any functions of any such committee,

(c)a member of—

(i)the Children's Panel,

(ii)the Safeguarders Panel,

(iii)Children's Hearings Scotland,

(iv)staff of Children's Hearings Scotland,

(v)an area support team,

(vi)the Scottish Children's Reporter Administration,

(vii)staff of the Scottish Children's Reporter Administration,

(d)the National Convener of Children's Hearings Scotland,

(e)the Principal Reporter,

(f)the chief social work officer of a council,

(g)the Chief Education Officer of an education authority,

(h)the Commissioner for Children and Young People in Scotland,

(i)a member of staff of the Commissioner for Children and Young People in Scotland,

(j)the Registrar of Independent Schools in Scotland,

(k)a foster carer,

(l)a charity trustee of a children's charity,

(m)a person holding another position in a children's charity.

(3)In paragraph 1(3), “contact with children”—

(a)means, in relation to training or study, contact that is more than incidental to the undertaking of the training or study, and

(b)includes physical contact with children, written or verbal communication with children, and exercising power or influence over children.

(4)For the purpose of paragraph (b) of the definitions of “contact with children” in each of sub-paragraphs (1) and (3), “exercising power or influence over children” means—

(a)assisting, facilitating, permitting or impeding progress towards a desirable objective or outcome for a particular child,

(b)making decisions of an operational or strategic nature that could have an impact on a number of children, or

(c)persuading or putting pressure on a particular child to behave or act in a certain manner for the financial gain or personal gratification of a person other than the child.

PART 2SActivities

Child protectionS

4SActing as a foster carer in relation to the child.

5SMaking decisions in relation to a child's care arrangements where a council has facilitated the child's care arrangements.

6SHaving responsibility for the safety and welfare of a child, other than acting as a foster carer in relation to the child.

7SHaving the ability to directly influence decisions about the safety or welfare of a child, other than in the capacity of an elected representative or as the holder of a judicial office.

Education and trainingS

8STeaching, instructing or delivering training to children.

9SHaving the ability to directly influence the operational delivery of education services for children, other than in the capacity of an elected representative or as the holder of a judicial office.

10SHolding power or influence over a child for the purpose of—

(a)an activity in which the child is taking part or seeking to take part in,

(b)arranging the future recruitment, training or employment of the child.

11SProviding advice or guidance to children in relation to career development or education.

ChildcareS

12SBeing in charge of or caring for children, other than acting as a foster carer.

Care, health and accommodation servicesS

13SPractising as a registered medical practitioner.

14SPractising as a registered nurse, midwife or health visitor.

15SPractising as a chiropractor pursuant to registration with the General Chiropractic Council.

16SPractising as a dentist pursuant to registration with the General Dental Council.

17SPractising as an optician pursuant to registration with the General Optical Council.

18SPractising as an osteopath pursuant to registration with the General Osteopathic Council.

19SPractising as a pharmacist pursuant to registration with the General Pharmaceutical Council.

20SBeing engaged in the provision of a domestic service (including cleaning, preparing food, acting as a caretaker of premises or carrying out maintenance of premises) that is provided for children in an educational institution, hospital, day care premises, hospice, hostel, residential care setting or secure accommodation for children.

21SCarrying out an activity in an educational institution, hospital, nursery, day care premises, hospice, residential care setting or secure accommodation for children.

22SProviding a care home service or an independent healthcare service which is provided exclusively or mainly for children.

23SBeing engaged by or on behalf of a child with an illness or disability to provide personal care services.

24SProviding counselling, therapy or advice or guidance in relation to health or wellbeing to children, other than where such counselling, therapy, advice or guidance is provided in a prison by a prisoner to another prisoner.

25SHaving the ability to directly influence the operational delivery of medical or care services for children, other than in the capacity of an elected representative or as the holder of a judicial office.

Leisure activitiesS

26SProviding cultural, leisure, social or recreational activities for children.

Sports activitiesS

27SCoaching children in relation to sports or physical activity.

Religious activitiesS

28SProviding religious activities or services for children.

MiscellaneousS

29SDriving or escorting children in connection with transport services provided exclusively or mainly for children.

30SHolding a position of responsibility in an organisation which has as one of its main purposes the provision of benefits for or to children (regardless of whether the organisation has an additional purpose of providing benefits for or to another group of persons).

InterpretationS

31SIn this schedule—

  • care home service” has the same meaning as in paragraph 2 of schedule 12 of the Public Services Reform (Scotland) Act 2010,

  • children's charity” means a charity whose—

    (a)

    main purpose is to provide benefits for children, and

    (b)

    principal means of delivery of those benefits is by its staff carrying out regulated roles with children,

  • day care premises” means premises at which day care of children (within the meaning of schedule 12 of the Public Services Reform (Scotland) Act 2010) is provided,

  • educational institution” means a school or further education institution,

  • elected representative” means—

    (a)

    a member of the House of Commons,

    (b)

    a member of the Scottish Parliament,

  • further education institution” means a body listed under the heading “Institutions formerly eligible for funding by the Scottish Further Education Funding Council” in schedule 2 of the Further and Higher Education (Scotland) Act 2005 or a college of further education which is assigned to a regional strategic body by order made under section 7C(1) of that Act,

  • hospital” has the meaning given in section 108(1) of the National Health Service (Scotland) Act 1978,

  • hostel” means a hostel used mainly by pupils attending an educational institution,

  • independent health care service” has the same meaning as in section 10F of the National Health Service (Scotland) Act 1978,

  • judicial office” means—

    (a)

    the office of judge of any court,

    (b)

    the office of member of any tribunal,

    (c)

    any other office, or appointment, consisting of functions of a judicial nature,

  • prison” means a prison or young offenders institution that is under the general superintendence of the Scottish Ministers under the Prisons (Scotland) Act 1989 and includes any contracted out prison within the meaning of section 106(4) of the Criminal Justice and Public Order Act 1994,

  • prisoner” means a person committed to prison for trial, safe custody, punishment or otherwise,

  • residential care setting” means a home that—

    (a)

    is provided exclusively or mainly for children, and

    (b)

    is—

    (i)

    provided by a council in exercise of its functions under section 59 (provision by councils of residential and other establishments) of the Social Work (Scotland) Act 1968 or section 25 (provision of care and support services by councils) of the Mental Health (Care and Treatment) (Scotland) Act 2003, or

    (ii)

    provided or secured by a person to whom such a function is delegated by a council in pursuance of an integration scheme under section 1 or 2 (integration schemes) of the Public Bodies (Joint Working) (Scotland) Act 2014,

  • secure accommodation for children” means accommodation provided in a residential establishment, approved in accordance with regulations made under section 78(2) of the Public Services Reform (Scotland) Act 2010, for the purpose of restricting the liberty of children.

32SMinisters may by regulations amend the definition of “further education institution” in paragraph 31 so as to include or exclude bodies listed in schedule 2 of the Further and Higher Education (Scotland) Act 2005.

PART 3SGeneral

Power to amend scheduleS

33SMinisters may by regulations modify this schedule as they think appropriate.

34SRegulations under paragraph 33 may disapply or otherwise modify the application of sections 34 to 37 and sections 45C to 45G in relation to particular kinds of regulated roles with children.]

[F13SCHEDULE 3SRegulated roles with adults

(introduced by section 91(3))

Textual Amendments

F13Sch. 3 substituted (30.9.2024 but only for the purposes of making certain regulations, otherwise prosp.) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 4 (with s. 96) (as amended by 2024 asp 5, s. 38(3), sch. para. 19(3); S.S.I. 2024/21, reg. 2(j)(ii) (with reg. 3)); S.S.I. 2024/242, reg. 2, sch.

PART 1SPreliminary

Regulated roles with adultsS

1(1)A regulated role with adults is a role of any description which—S

(a)involves the carrying out of one or more activities mentioned in Part 2 of this schedule, and

(b)satisfies the conditions mentioned in sub-paragraph (2).

(2)The conditions are—

(a)the activities are carried out—

(i)as a necessary part of the role, and

(ii)in Scotland, and

(b)the carrying out of the activities gives the individual carrying them out, when doing anything permitted or required in connection with the carrying out of the activities, the opportunity to have contact with protected adults.

(3)A role—

(a)the normal duties of which include the day-to-day supervision or management of an individual carrying out a regulated role by virtue of sub-paragraph (1), or

(b)which involves training or studying in Scotland to carry out one or more activities mentioned in Part 2 of this schedule and which gives the individual undertaking the training or study, when doing anything permitted or required in connection with undertaking the training or study, the opportunity to have contact with protected adults,

is to be treated as a regulated role with adults for the purposes of sub-paragraph (1).

(4)For the purposes of sub-paragraph (2)(a)(ii), where—

(a)an activity is carried out outside the United Kingdom, the Channel Islands and the Isle of Man by an individual who is ordinarily resident in the United Kingdom,

(b)the activity is carried out for—

(i)an organisation with a place of business in Scotland, or

(ii)a personnel supplier with a place of business in Scotland, and

(c)the organisation's or personnel supplier's functions in relation to the carrying out of the activity by the individual are principally exercised at that place of business,

the activity is to be treated as if it were carried out in Scotland.

(5)For the purposes of sub-paragraph (3)(b), where—

(a)training or study is undertaken outside the United Kingdom, the Channel Islands and the Isle of Man by an individual who is ordinarily resident in the United Kingdom,

(b)the person with principal responsibility for the provision of the training or course of study is—

(i)an organisation with a place of business in Scotland, or

(ii)a personnel supplier with a place of business in Scotland, and

(c)the organisation's or personnel supplier's functions in relation to the undertaking of the training or study by the individual are principally exercised at that place of business,

the training or study is to be treated as if it were undertaken in Scotland.

Exceptions to regulated roles with adultsS

2(1)A role which would be a regulated role with adults by virtue of the carrying out of an activity mentioned in any of the paragraphs of Part 2 of this schedule is not, despite any of those provisions, a regulated role with adults if—S

(a)the activity is carried out in the course of a family relationship, or

(b)the activity is carried out for an individual (“A”)—

(i)in the course of a personal relationship,

(ii)for no commercial consideration, and

(iii)for the benefit of A, a member of A's family or A's friend.

(2)In sub-paragraph (1)(a) a family relationship includes a relationship between two persons who—

(a)live in the same household, and

(b)treat each other as though they were members of the same family.

(3)In sub-paragraph (1)(b)—

(a)a personal relationship is a relationship between or among friends, and

(b)benefit” does not include commercial benefit.

(4)For the purposes of sub-paragraphs (1)(b) and (3)(a), a friend of a member of an individual's family is to be regarded as being the individual's friend.

(5)Ministers may prescribe circumstances in which an activity is or is not to be treated for the purposes of this paragraph as being done in the course of a family or personal relationship.

Definition of contact with protected adultsS

3(1)In paragraph 1(2)(b) “contact with protected adults”—S

(a)means, in relation to an activity, contact that is more than incidental to the carrying out of the activity, and

(b)includes physical contact with protected adults, written or verbal communication with protected adults, and exercising power or influence over protected adults.

(2)In paragraph 1(3)(b) “contact with protected adults”—

(a)means, in relation to training or study, contact that is more than incidental to the undertaking of the training or study, and

(b)includes physical contact with protected adults, written or verbal communication with protected adults, and exercising power or influence over protected adults.

(3)For the purpose of paragraph (b) of the definitions of “contact with protected adults” in each of sub-paragraphs (1) and (2), “exercising power or influence over protected adults” means—

(a)assisting, facilitating, permitting or impeding progress towards a desirable objective or outcome for a particular protected adult,

(b)making decisions of an operational or strategic nature that could have an impact on a number of protected adults, or

(c)persuading or putting pressure on a particular protected adult to behave or act in a certain manner for the financial gain or personal gratification of a person other than the protected adult.

PART 2SActivities

Education, training and guidanceS

4STeaching, instructing, training or supervising protected adults.

5SProviding advice or guidance to a protected adult in relation to education, training or employability.

Care, health and accommodation servicesS

6SPractising as a registered medical practitioner.

7SPractising as a registered nurse, midwife or health visitor.

8SPractising as a chiropractor pursuant to registration with the General Chiropractic Council.

9SPractising as a dentist pursuant to registration with the General Dental Council.

10SPractising as an optician pursuant to registration with the General Optical Council.

11SPractising as an osteopath pursuant to registration with the General Osteopathic Council.

12SPractising as a pharmacist pursuant to registration with the General Pharmaceutical Council.

13SBeing engaged in the provision of a domestic service (including cleaning, preparing food, acting as a caretaker of premises or carrying out maintenance of premises) that is provided for protected adults in a hospital, hospice, care home, day care centre or adult placement setting.

14SBeing in charge of protected adults.

15SBeing engaged by or on behalf of a protected adult to support the protected adult to live independently, including providing personal care services, food preparation or recreational services.

16SProviding support to a protected adult under a shared lives scheme.

17SProviding counselling, therapy or advice or guidance in relation to health or wellbeing to protected adults, other than where such counselling, therapy, advice or guidance is provided in a prison by a prisoner to another prisoner.

18SHaving the ability to directly influence the operational delivery of medical or care services for protected adults, other than in the capacity of an elected representative or as the holder of a judicial office.

Leisure activitiesS

19SProviding cultural, leisure, social or recreational activities for protected adults.

Sports activitiesS

20SCoaching protected adults in relation to sports or physical activity.

Religious activitiesS

21SProviding religious activities or services for protected adults.

MiscellaneousS

22SDriving or escorting protected adults in connection with transport services provided exclusively or mainly for use by protected adults.

23SHolding a position of responsibility in an organisation whose main purpose is to provide benefits for or to protected adults (regardless of whether the organisation has an additional purpose of providing benefits for or to another group of persons).

InterpretationS

24SIn this schedule—

  • adult placement setting” means a residential establishment or accommodation occupied exclusively or mainly by individuals aged 18 or over which is—

    (a)

    provided by a council in exercise of its functions under section 59 (provision by councils of residential and other establishments) of the Social Work (Scotland) Act 1968 or section 25 (provision of care and support services by councils) of the Mental Health (Care and Treatment) (Scotland) Act 2003, or

    (b)

    provided or secured by a person to whom such a function is delegated by a council in pursuance of an integration scheme under section 1 or 2 (integration schemes) of the Public Bodies (Joint Working) (Scotland) Act 2014,

  • care home” means accommodation occupied exclusively or mainly by individuals aged 18 or over which is provided by an organisation carrying on a care home service (within the meaning of schedule 12 of the Public Services Reform (Scotland) Act 2010),

  • elected representative” means—

    (a)

    a member of the House of Commons,

    (b)

    a member of the Scottish Parliament,

  • hospital” has the meaning given in section 108(1) of the National Health Service (Scotland) Act 1978,

  • judicial office” means—

    (a)

    the office of judge of any court,

    (b)

    the office of member of any tribunal,

    (c)

    any other office, or appointment, consisting of functions of a judicial nature,

  • prison” means a prison or young offenders institution that is under the general superintendence of the Scottish Ministers under the Prisons (Scotland) Act 1989 and includes any contracted out prison within the meaning of section 106(4) of the Criminal Justice and Public Order Act 1994,

  • prisoner” means a person committed to prison for trial, safe custody, punishment or otherwise,

  • shared lives agreement” means an agreement entered into between a person carrying on a shared lives scheme and an individual for the provision, by that individual, of personal care to a protected adult together with, where necessary, accommodation in the individual's home,

  • shared lives carer” means an individual who, under the terms of a shared lives agreement, provides, or intends to provide, personal care for protected adults together with, where necessary, accommodation in the individual's home,

  • shared lives scheme” means a scheme carried on (whether or not for profit) by a local authority or other person for the purposes of—

    (a)

    recruiting and training shared lives carers,

    (b)

    making arrangements for the placing of protected adults with shared lives carers, and

    (c)

    supporting and monitoring placements.

PART 3SGeneral

Power to amend scheduleS

25SMinisters may by regulations modify this schedule as they think appropriate.

26SRegulations under paragraph 25 may disapply or otherwise modify the application of sections 34 to 37 and sections 45C to 45G in relation to particular kinds of regulated roles with adults.]

SCHEDULE 4SMinor and consequential amendments and repeals

(introduced by section 88)

Teaching Council (Scotland) Act 1965 (c. 19)S

F141S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F152S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15Sch. 4 para. 2 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), 21

Commencement Information

I3Sch. 4 para. 2 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

F163S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F174S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Education (Scotland) Act 1980 (c. 44)S

5SThe Education (Scotland) Act 1980 is amended as follows.

Commencement Information

I4Sch. 4 para. 5 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

6SIn section 98A—

(a)in subsection (5)(a)(ii), for “disqualified from working with children” substitute “ barred from regulated work with children ”,

(b)in subsection (6), for the definition of “disqualified from working with children” substitute—

barred from regulated work with children” shall be construed in accordance with the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14);.

Commencement Information

I5Sch. 4 para. 6 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

7SIn section 99(1A)—

(a)in paragraph (g)(ii), for “disqualified from working with children” substitute “ barred from regulated work with children ”,

(b)in paragraph (h)(ii), for “disqualified from working with children” substitute “ barred from regulated work with children ”.

Commencement Information

I6Sch. 4 para. 7 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

8SIn section 135(1)—

(a)after the definition of “attendance order” insert—

barred from regulated work with children” has the meaning given by section 98A(6) of this Act;,

(b)the definition of “disqualified from working with children” is repealed.

Commencement Information

I7Sch. 4 para. 8 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

Foster Children (Scotland) Act 1984 (c. 56)S

9SThe Foster Children (Scotland) Act 1984 is amended as follows.

Commencement Information

I8Sch. 4 para. 9 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

10SIn section 7, after subsection (2) insert—

(3)A person who lives in the same premises as a barred person shall not maintain a foster child.

(4)In subsection (3) (and in section 15(2A)), “barred person” means a person who is barred from regulated work with children (within the meaning of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14))..

Commencement Information

I9Sch. 4 para. 10 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

11SIn section 15, after subsection (2) insert—

(2A)A person shall not be guilty of an offence under subsection (1)(c) above in relation to a contravention of section 7(3) if the person proves that he did not know, and had no reasonable ground for believing, that any other person living in the premises in which the person lives was a barred person..

Commencement Information

I10Sch. 4 para. 11 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

12SIn section 21, before the definition of “care home service” insert—

barred person” has the meaning given by section 7(4);.

Commencement Information

I11Sch. 4 para. 12 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

Criminal Procedure (Scotland) Act 1995 (c. 46)S

13SThe 1995 Act is amended as follows.

Commencement Information

I12Sch. 4 para. 13 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 5(1))

14SIn section 106(1)—

(a)paragraphs (db) and (dc) are repealed,

(b)in paragraph (f), sub-paragraphs (ii) and (iii) are repealed.

Commencement Information

I13Sch. 4 para. 14 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 5(1))

15SIn section 110(1)(a), the words “, the proposal to make a reference was made” are repealed.

Commencement Information

I14Sch. 4 para. 15 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 5(1))

16SSection 111(3) is repealed.

Commencement Information

I15Sch. 4 para. 16 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 5(1))

17SIn section 116, for subsection (2) substitute—

(2)A person who has appealed against both conviction and sentence (or, as the case may be, against both conviction and a decision mentioned in section 106(1)(bb) or both conviction and disposal and order) may abandon the appeal in so far as it is against conviction and may proceed with it against sentence (or, as the case may be, decision, disposal or order) alone..

Commencement Information

I16Sch. 4 para. 17 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 5(1))

18SIn section 118—

(a)in subsection (4), for the words “106(1)(ba), (bb), (c), (d), (da), (dc), (e) or (f)” substitute “ 106(1)(ba), (bb), (c), (d), (da), (e) or (f) ”,

(b)subsection (4AA) is repealed,

(c)in subsection (7)—

(i)the words “or, as the case may be,” at the end of paragraph (a), and

(ii)paragraph (b),

are repealed.

Commencement Information

I17Sch. 4 para. 18 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 5(1))

19SIn section 121A(1), the words “(other than an appeal under section 106(1)(db) or (dc))” are repealed.

Commencement Information

I18Sch. 4 para. 19 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 5(1))

20SIn section 173(2), the words “or (cb)” are repealed.

Commencement Information

I19Sch. 4 para. 20 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 5(1))

21SIn section 175—

(a)in subsection (2)—

(i)paragraph (cb)(but not the word “or” which appears immediately after that paragraph) is repealed,

(ii)in paragraph (d), sub-paragraphs (ii) and (iii) are repealed,

(b)in subsection (8), for the words from “under” to the end of paragraph (c) substitute “ against both conviction and sentence may abandon the appeal in so far as it is against conviction and may proceed with it against sentence alone, ”,

(c)in subsection (9), the words “or (cb)” are repealed.

Commencement Information

I20Sch. 4 para. 21 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 5(1))

22SSection 181(4) is repealed.

Commencement Information

I21Sch. 4 para. 22 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 5(1))

23SIn section 186—

(a)the words “or (cb)”, where they appear in subsections (1), (2), (9) and (10), are repealed,

(b)in subsection (2)(a)—

(i)at the end of sub-paragraph (i) insert “ or ”,

(ii)sub-paragraph (iii)(and the word “or” which immediately precedes it) are repealed.

Commencement Information

I22Sch. 4 para. 23 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 5(1))

24SIn section 187(1), the words “or (cb)” are repealed.

Commencement Information

I23Sch. 4 para. 24 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 5(1))

25SIn section 189—

(a)subsection (2A) is repealed,

(b)in subsection (7)(b)—

(i)the words “or, as the case may be,” at the end of paragraph (a), and

(ii)paragraph (b),

are repealed.

Commencement Information

I24Sch. 4 para. 25 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 5(1))

26SIn section 193A(1), the words “(other than by way of an appeal under section 175(2)(cb) of this Act against a reference only)” are repealed.

Commencement Information

I25Sch. 4 para. 26 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 5(1))

Police Act 1997 (c. 50)S

27SPart 5 of the 1997 Act is amended as follows.

Commencement Information

I26Sch. 4 para. 27 in force at 11.1.2008 for specified purposes by S.S.I. 2007/564, art. 2, Sch.

I27Sch. 4 para. 27 in force at 28.2.2011 in so far as not already in force by S.S.I. 2011/157, art. 2(a) (with art. 3)

28SIn section 113A, after subsection (5) insert—

(5A)The Scottish Ministers need not issue a criminal record certificate under subsection (1) if the statement accompanying the application states that the purpose for which the certificate is required is the purpose mentioned in disclosure condition C (set out in section 55 of the Protection of Vulnerable Groups (Scotland) Act 2007) (asp 14))..

Commencement Information

I28Sch. 4 para. 28 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 3)

29SAfter section 113B insert—

113CASuitability information relating to children

(1)In such cases as are prescribed, an enhanced criminal record certificate must also include suitability information relating to children.

(2)Suitability information relating to children is—

(a)whether the applicant is barred from regulated work with children;

(b)if the applicant is barred from such activity, such details as are prescribed of the circumstances in which the applicant became barred;

(c)whether the Scottish Ministers are considering whether to list the individual in the children's list;

(d)whether the Independent Barring Board is considering whether to include the applicant in the children's barred list in pursuance of paragraph 3 or 5 of Schedule 3 to the Safeguarding Vulnerable Groups Act 2006.

113CBSuitability information relating to protected adults

(1)In such cases as are prescribed, an enhanced criminal record certificate must also include suitability information relating to protected adults.

(2)Suitability information relating to protected adults is—

(a)whether the applicant is barred from regulated work with adults;

(b)if the applicant is barred from such activity, such details as are prescribed of the circumstances in which the applicant became barred;

(c)whether the Scottish Ministers are considering whether to list the individual in the adults' list;

(d)whether the Independent Barring Board is considering whether to include the applicant in the adults' barred list in pursuance of paragraph 9 or 11 of Schedule 3 to the Safeguarding Vulnerable Groups Act 2006.

113CCSuitability information: supplementary

(1)The Scottish Ministers may by order made by statutory instrument—

(a)amend section 113CA for the purpose of altering the meaning of suitability information relating to children;

(b)amend section 113CB for the purpose of altering the meaning of suitability information relating to protected adults.

(2)Such an order is subject to annulment in pursuance of a resolution of the Scottish Parliament.

(3)Expressions used in sections 113CA and 113CB and in the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14) have the same meaning in those sections as in that Act, except that “prescribed” must be construed in accordance with section 125 of this Act..

Commencement Information

I29Sch. 4 para. 29 in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.

I30Sch. 4 para. 29 in force at 28.2.2011 in so far as not already in force by S.S.I. 2011/157, art. 2(a) (with art. 3)

30SSections 113C to 113F are repealed.

Commencement Information

I31Sch. 4 para. 30 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 3)

31SIn section 114—

(a)in subsection (2), for “a Minister of the Crown” substitute “ a person mentioned in subsection (2A) ”,

(b)after subsection (2) insert—

(2A)Any of the following persons may make a statement for the purposes of subsection (2)—

(a)a Minister of the Crown;

(b)a member of the Scottish Executive;

(c)any other office-holder in the Scottish Administration; or

(d)a nominee of any person mentioned in paragraphs (a) to (c).,

(c)in subsection (3), for “Sections 113A(3) to (6) and 113C to 113F” substitute “ Section 113A(3) to (6) ”.

Commencement Information

I32Sch. 4 para. 31 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 3)

32SIn section 116—

(a)in subsection (2), for “a Minister of the Crown, or a person nominated by a Minister of the Crown,” substitute “ a person mentioned in subsection (2A) ”,

(b)after subsection (2) insert—

(2A)Any of the following persons may make a statement for the purposes of subsection (2)—

(a)a Minister of the Crown;

(b)a member of the Scottish Executive;

(c)any other office-holder in the Scottish Administration; or

(d)a nominee of any person mentioned in paragraphs (a) to (c).,

(c)in subsection (3), for “113C to 113F” substitute “ 113CA to 113CC ”.

Commencement Information

I33Sch. 4 para. 32 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 3)

33SIn section 117, after subsection (2) insert—

(3)An application under this section may, in particular, request a review of any information contained in a certificate by virtue of section 113B(4).

(4)The Scottish Ministers, on receiving such a request, must ask the chief officer of the relevant police force who provided that information to reconsider whether the chief officer still thinks that the information concerned might be relevant for the purpose in respect of which it was requested..

Commencement Information

I34Sch. 4 para. 33 in force at 11.1.2008 by S.S.I. 2007/564, art. 2, Sch.

34SIn section 118—

(a)in subsection (2A)(a), for “United Kingdom Passport Agency” substitute “ Identity and Passport Service ”,

(b)after subsection (2A) insert—

(2B)The Scottish Ministers may require an applicant to have fingerprints taken under subsection (2) only if they are not satisfied by other evidence provided under subsection (1) as to the applicant's identity.,

(c)for subsection (3) substitute—

(3)The Scottish Ministers must arrange the destruction of any fingerprints taken in pursuance of subsection (2) as soon as reasonably practicable after they have been used for the purpose mentioned in subsection (1)..

Commencement Information

I35Sch. 4 para. 34 in force at 11.1.2008 by S.S.I. 2007/564, art. 2, Sch.

35SIn section 119A(2), the words from “; and” to the end of the subsection are repealed.

Commencement Information

I36Sch. 4 para. 35 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 3)

36SIn section 120(5)(b) for the words from “countersign” to “113B” substitute

“(i)countersign applications under section 113A or 113B; or

(ii)make declarations in relation to disclosure requests made under section 52 or 53 of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14),.

Commencement Information

I37Sch. 4 para. 36 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 4)

37SIn section 120A—

(a)in subsection (3)(b), for “included in any list mentioned in section 113C(3) or 113D(3)” substitute “ barred from regulated work with children or adults (within the meaning of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14)) ”,

(b)in subsection (4)(b)(iii), after “applications” insert “ , or the making of declarations, ”.

Commencement Information

I38Sch. 4 para. 37 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 4)

38SSection 121 is repealed.

Commencement Information

I39Sch. 4 para. 38 in force at 11.1.2008 by S.S.I. 2007/564, art. 2, Sch.

39SIn section 122—

(a)in subsection (3)—

(i)after “113B” insert “ , or make a disclosure under section 52 or 53 of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), ”,

(ii)after “application” insert “ or, as the case may be, made the declaration in relation to the disclosure request ”,

(iii)after “countersigned”, where it appears in paragraph (b), insert “ or, as the case may be, made the declaration ”,

(b)in subsection (4)(b)—

(i)the words after “person” become sub-paragraph (i), and

(ii)after that new sub-paragraph insert ; or

(ii)has made or is likely to make a declaration in relation to a disclosure request made under section 52 or 53 of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14).

Commencement Information

I40Sch. 4 para. 39 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 4)

40SBefore section 123 insert—

122BDelegation of functions of Scottish Ministers

(1)The Scottish Ministers may, to such extent and subject to such conditions as they think appropriate, delegate any of their functions under this Part (other than excepted functions) to such person as they may determine.

(2)An excepted function is a function—

(a)relating to the making of regulations or orders;

(b)relating to the publishing or revising of a code of practice;

(c)relating to the laying of a code of practice before the Scottish Parliament;

(d)relating to the determination of an appropriate fee under section 113B(5A) or 119(3); or

(e)under section 125A.

(3)A delegation under subsection (1) may be varied or revoked at any time.

(4)No proceedings are competent against a person performing functions delegated under this section by reason of an inaccuracy in the information made available or provided to the person in accordance with section 119..

Commencement Information

I41Sch. 4 para. 40 in force at 11.1.2008 by S.S.I. 2007/564, art. 2, Sch.

41SIn section 126(1), after the definition of “Minister of the Crown” insert—

office-holder in the Scottish Administration” has the same meaning as in the Scotland Act 1998 (c. 46);.

Commencement Information

I42Sch. 4 para. 41 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 3)

Protection of Children (Scotland) Act 2003 (asp 5)S

42SThe whole Act (other than sections 13 and 16) is repealed.

Commencement Information

I43Sch. 4 para. 42 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5)S

43SSection 24(1) of the Criminal Procedure (Amendment) (Scotland) Act 2004 is repealed.

Commencement Information

I44Sch. 4 para. 43 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 5(2))

Charities and Trustee Investment (Scotland) Act 2005 (asp 10)S

44SParagraph 15 of schedule 4 to the Charities and Trustee Investment (Scotland) Act 2005 is repealed.

Commencement Information

I45Sch. 4 para. 44 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 5(2))

Inquiries Act 2005 (c. 12)S

45SPart 2 of Schedule 2 to the Inquiries Act 2005 is repealed.

Commencement Information

I46Sch. 4 para. 45 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 5(2))

Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10)S

46SThe following provisions of the Police, Public Order and Criminal Justice (Scotland) Act 2006 are repealed—

(a)section 3(2)(d),

(b)section 3(8), and

(c)paragraph 14(2) of schedule 1.

Commencement Information

I47Sch. 4 para. 46 in force at 11.1.2008 by S.S.I. 2007/564, art. 2, Sch.

SCHEDULE 5SIndex

(introduced by section 97(6))

Commencement Information

I48Sch. 5 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

ExpressionInterpretation provision
the 1995 Actsection 97(1)
the 1997 Actsection 97(1)
the 2001 Actsection 97(1)
the adults' listsection 1(1)(b)
barred from regulated worksection 92
care servicesection 97(1)
charitysection 97(1)
charity trusteessection 97(1)
chief constablesection 97(1)
chief officer of a relevant police forcesection 97(5)
childsection 97(1)
the children's listsection 1(1)(a)
community care servicesection 94(4)
competent application for removal from the listsection 25(3)
conductsection 97(1)
[F18conviction, convicted (other than in section 14) section 97(1)]
councilsection 97(1)
direct paymentsection 94(4)
disciplinary proceedingssection 97(1)
[F19Disclosure and Barring Service, DBS section 97(1)]
[F20disclosure condition][F20section 55]
[F20disclosure declaration][F20section 97(1)]
[F20disclosure information][F20section 68(4)]
[F20disclosure record][F20section 97(1)]
[F20disclosure request][F20section 97(1)]
employment (and related words)section 97(1)
employment agencysection 97(1)
employment businesssection 97(1)
exempted questionsection 68(5)
foster carersection 96(1)
harmsection 93(1)
Health Boardsection 97(1)
Her Majesty's Inspectors of Schoolssection 97(1)
F21. . .F21. . .
legal proceedingssection 97(1)
listed, listing (and related words)section 1
Ministerssection 97(1)
new vetting informationsection 47(4)
organisationsection 97(1)
permitted purposesection 67(3)
personal data holdersection 64(2)
personnel suppliersection 97(1)
placed at risk of harmsection 93(2)
police authoritysection 97(1)
police forcesection 97(1)
prescribedsection 97(1)
protected adultsection 94
referral groundsection 2
registrar of dentists and dental care professionalssection 97(1)
Registrar of health professionalssection 97(1)
Registrar of nurses and midwivessection 97(1)
[F22 registrar of pharmacists ]section 97(1)
regulated worksection 91(1)
regulated work with adultssection 91(3)
regulated work with childrensection 91(2)
relevant finding of factsection 17(5)
relevant functionssection 8(3)
relevant inquirysection 31(2)
relevant inquiry reportsection 31(3)
relevant offencesection 32
relevant police forcesection 97(5)
relevant regulatory bodysection 30(7)
Schemesection 44
scheme membersection 45(2)
scheme recordsection 48
schoolsection 97(1)
[F20short scheme record][F20section 53(3)]
F23. . .F23. . .
Special Health Boardsection 97(1)
staff transfer ordersection 86(1)
statement of scheme membershipsection 46(2)
type of regulated worksection 91(4)
vetting informationsection 49(1)
work, worker, workingsection 95

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