SCHEDULE 5Consequential and minor modifications

PART 3Other consequential and minor modifications

Protection of Vulnerable Groups (Scotland) Act 2007

I112

1

The PVG Act is amended as follows.

2

In section 10(1)(b) (consideration whether to list: organisational referrals etc.), for “Independent Safeguarding Authority” substitute “ Disclosure and Barring Service ”.

3

In section 17(5)(c)(i) (information relevant to listing decisions), for “the Council of the Pharmaceutical Society of Great Britain” substitute “ the General Pharmaceutical Council ”.

4

In section 19(3) (information held by public bodies etc.), after the entry in the list for Health Boards and Special Health Boards insert— “ An integration joint board established by order under section 9 of the Public Bodies (Joint Working) (Scotland) Act 2014 ”.

5

In section 38(2) (police access to lists), for the words from “purpose of” to the end of that subsection substitute “ law enforcement purposes within the meaning of section 31 of the Data Protection Act 2018. ”.

6

In section 39 (restrictions on listing in children's list)—

a

in subsection (2)(a), for “Independent Safeguarding Authority (“ISA”)” substitute “ Disclosure and Barring Service (“DBS”) ”,

b

in each of subsections (4)(b), (5) and (6)(b), for “ISA” substitute “ DBS ”.

7

In section 40 (restrictions on listing in adults' list)—

a

in subsection (2)(a), for “Independent Safeguarding Authority (“ISA”)” substitute “ Disclosure and Barring Service (“DBS”) ”,

b

in each of subsections (4)(b), (5) and (6)(b), for “ISA” substitute “ DBS ”.

8

In section 76(2) (police access to scheme information), for the words from “the purpose” to the end of that subsection insert

—

a

the performance of the chief constable's functions under this Part, or

b

the law enforcement purposes within the meaning of section 31 of the Data Protection Act 2018

9

In section 96 (fostering)—

a

in subsection (1)(a) the words “(“the 1995 Act”)” are repealed,

b

in each of subsections (1)(b) and (2)(a) for “1995 Act” substitute “ Children (Scotland) Act 1995 ”,

c

in subsection (8), in the definition of “parental responsibilities” and “parental rights”, for “1995 Act” substitute “ Children (Scotland) Act 1995 ”.

10

In section 97(1) (general interpretation)—

a

after the definition of “disciplinary proceedings”, insert—

“Disclosure and Barring Service” and “DBS” mean the body established by section 87(1) of the Protection of Freedoms Act 2012,

b

the definition of “Independent Safeguarding Authority” (and “ISA”) is repealed,

c

for the definition of “police force” substitute—

“police force” has the same meaning as in section 69 of the Disclosure (Scotland) Act 2020,

11

In schedule 5 (index)—

a

at the appropriate place insert—

Disclosure and Barring Service, DBS

section 97(1)

b

the entry relating to “Independent Safeguarding Authority, ISA” is repealed.