- Latest available (Revised)
- Original (As enacted)
Protection of Vulnerable Groups (Scotland) Act 2007, Section 39 is up to date with all changes known to be in force on or before 12 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.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(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 F1...
(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 [F2dealt with] by the [F3Disclosure and Barring Service (“DBS”)] , or
(b)subsection (3) applies.
(3)This subsection applies where—
[F4(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 [F5 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)[F6DBS] [F7deals 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 [F8they consider that it would be more appropriate for the individual’s case to be dealt with by [F9DBS]]—
F10(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F11(6)Where—
(a)in pursuance of subsection (5), Ministers do not list an individual in the children’s list under section 14, and
(b) [F12DBS] 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
F1Words 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)
F2Words 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)
F3Words 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.
F4S. 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)
F5Words 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)
F6Word 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.
F7Words 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)
F8Words 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)
F9Word 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.
F10S. 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)
F11S. 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)
F12Word 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
I1S. 39 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: