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

Part 2 S Vetting and disclosure

Modifications etc. (not altering text)

C1 Pt. 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

C2 Pt. 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 Scheme S

[F1 46A Notice of barred status S

(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

F1 S. 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.