Protection of Vulnerable Groups (Scotland) Act 2007

49 Vetting information S

(1) Vetting information, in relation to a scheme member, is—

[F1 (a) the information referred to in section 113A(3)(a) of the 1997 Act (prescribed details of every relevant matter relating to the scheme member which is recorded in central records),]

[F1 (a) the prescribed details of every relevant matter relating to the scheme member that is recorded in central records,]

(b) if the scheme member is subject to notification requirements under Part 2 of the Sexual Offences Act 2003 (c. 42), information about those requirements,

[F2 (c) information which—

(i) the chief officer of a relevant police force reasonably believes to be relevant in relation to the type of regulated work in relation to which the scheme member participates in the Scheme, and

(ii) in the chief officer’s opinion, ought to be included in the scheme member’s scheme record, and]

(d) such other information as may be prescribed.

[F3 (1A) Section 33 of the Disclosure (Scotland) Act 2020 (Level 2 disclosure: considering relevance and whether to include certain information) applies for the purposes of subsection (1)(c) of this section as it applies for the purposes of the sections mentioned in subsection (1) of that section, but as if—

(a) references to a person considering whether a conviction, children's hearing outcome or other information is relevant for the purpose of a Level 2 disclosure were references to the chief constable considering whether information is relevant to the type of regulated role in relation to which the scheme member participates in the Scheme,

(b) references to a person considering whether a conviction, children's hearing outcome or other information ought to be included in a Level 2 disclosure were references to the chief constable considering whether information ought to be included in the scheme member's scheme record,

(c) references to a conviction or children's hearing outcome were omitted, and

(d) references to other information were references to information mentioned in subsection (1)(c) of this section.]

[F4 (1A) For the avoidance of doubt, information such as is mentioned in subsection (1)(c) may include information with respect to relevant behaviour (within the meaning of section 5(1)(a) of the Age of Criminal Responsibility (Scotland) Act 2019).]

(2) Regulations prescribing information for the purposes of subsection (1)(d) may require persons holding information of the type prescribed to disclose it to Ministers for the purposes of this Act.

[F5 (3) In subsection (1)(a), “central records” and “relevant matter” have the same meanings as in section 18(5).]

Textual Amendments

F1 S. 49(1)(a) substituted (30.9.2024 for specified purposes) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 5(3)(a) (with s. 96); S.S.I. 2024/242, reg. 2, sch.

F2 S. 49(1)(c) substituted (10.9.2015) by The Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 Remedial Order 2015 (S.S.I. 2015/330), arts. 1(2), 4(3) (with arts. 5-10) which S.S.I. is revoked ands. 49(1)(c) substituted (8.2.2016) by The Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 Remedial (No. 2) Order 2015 (S.S.I. 2015/423), arts. 1(2), 4(3) (with arts. 5-10)

F3 S. 49(1A) inserted (30.9.2024 for specified purposes) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 5(3)(b) (with s. 96); S.S.I. 2024/242, reg. 2, sch.

F4 S. 49(1A) inserted (30.11.2020) by Age of Criminal Responsibility (Scotland) Act 2019 (asp 7), ss. 10(3), 84(2); S.S.I. 2020/369, reg. 2, sch.

F5 S. 49(3) inserted (30.9.2024 for specified purposes) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 5(3)(c) (with s. 96); S.S.I. 2024/242, reg. 2, sch.

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

Commencement Information

I1 S. 49(1)(a)-(c) (2) in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

I2 S. 49(1)(d) in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.

I3 S. 49(1)(d) in force at 28.2.2011 in so far as not already in force by S.S.I. 2011/157, art. 2(a)