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  1. Introductory Text

  2. Part 1 The lists

    1. Duty to keep lists

      1. 1.Duty of Scottish Ministers to keep lists

    2. Referrals

      1. 2.Referral ground

      2. 3.Reference following disciplinary action etc.

      3. 4.Reference by employment agency

      4. 5.Reference by employment business

      5. 6.Reference relating to matters occurring before provisions come into force

      6. 6A.Reference by chief constable

      7. 7.Reference by court

      8. 8.Reference by certain other persons

      9. 9.Failure to refer: offence

    3. Consideration whether to list

      1. 10.Consideration whether to list: organisational referrals etc.

      2. 11.Consideration whether to list: court referrals

      3. 12.Consideration whether to list: vetting information etc.

      4. 13.Consideration whether to list: inquiries

    4. Inclusion in list

      1. 14.Automatic listing

      2. 15.Inclusion in children's list after consideration

      3. 16.Inclusion in adults' list after consideration

    5. Information relevant to listing decisions

      1. 17.Information relevant to listing decisions

      2. 18.Police information etc.

      3. 19.Information held by public bodies etc.

      4. 20.Information held by providers of regulated roles

    6. Appeals against listing

      1. 21.Appeals against inclusion in children's list

      2. 22.Appeals against inclusion in adults' list

      3. 23.Further appeals in relation to inclusion in either list

      4. 24.Appeals in relation to listing: supplementary

    7. Removal from list

      1. 25.Application for removal from list

      2. 26.Determination of application for removal from list

      3. 27.Appeals against refusal to remove individual from list

      4. 28.Late representations

      5. 29.Removal from list

    8. Appeals and removals: information powers

      1. 29A.Appeals and removals: application of sections 18 to 20

    9. Listing: supplementary

      1. 30.Notice of listing etc.

      2. 30A.Notification of health regulatory bodies etc.

      3. 31.Relevant inquiries

      4. 32.Relevant offences etc.

      5. 33.Duty to notify certain changes

    10. Offences relating to regulated roles

      1. 34.Barred individuals not to carry out regulated roles

      2. 35.Organisations not to use barred individuals for regulated roles

      3. 36.Personnel suppliers not to supply barred individuals for regulated roles

      4. 37.Penalties for offences relating to regulated roles

      5. 37A.Offences outside Scotland

    11. General and supplementary

      1. 38.Police access to lists

      2. 39.Restrictions on listing in children's list

      3. 40.Restrictions on listing in adults' list

      4. 41.Protection from actions for damages

      5. 42.Power to regulate procedure etc.

      6. 43.Transfer from 2003 Act list

  3. Part 2 Vetting and disclosure

    1. The Scheme

      1. 44.The Scheme

      2. 45.Participation in Scheme

      3. 45C.Individuals must be scheme members to carry out regulated roles

      4. 45D.Organisations not to use individuals for regulated roles without confirming scheme membership

      5. 45E.Power to require organisations to stop using individuals for regulated roles without scheme membership

      6. 45F.Personnel suppliers not to supply individuals for regulated roles without confirming scheme membership

      7. 45G.Penalties for offences relating to regulated roles by individuals not in Scheme

      8. 45H.Offences outside Scotland

      9. 46.Confirmation of scheme membership

      10. 46A.Notice of barred status

    2. Vetting information

      1. 47.Enquiries about scheme members

      2. 48.Scheme record

      3. 49.Vetting information

      4. 50.Duty to notify certain changes

      5. 51.Correction of inaccurate scheme record

      6. 52ZA.Procedure following correction of inaccurate scheme record

    3. Disclosure

      1. 52.Disclosure of scheme records

      2. 52A.Review of vetting information in scheme record

      3. 53.Disclosure of short scheme records

      4. 54.Provision of confirmation of scheme membership to third parties

      5. 55.Disclosure conditions

      6. 56.Crown work

      7. 57.Disclosure restrictions

      8. 57A.Meaning of “conviction” and “protected conviction”

    4. Removal from scheme

      1. 58.Removal from scheme

      2. 59.Withdrawal from scheme

      3. 59A.Withdrawal from Scheme when under consideration for listing

      4. 60.Notice of removal

      5. 61.Retention of scheme records after removal

    5. Evidence of identity

      1. 62.Evidence of identity

      2. 63.Power to use fingerprints to check applicant's identity

      3. 64.Power to use personal data to check applicant's identity

    6. Offences relating to confirmation of scheme membership

      1. 65.Falsification of confirmation of scheme membership

      2. 66.Unlawful disclosure of confirmation of scheme membership

      3. 67.Unlawful requests for and use of confirmation of scheme membership

      4. 68.Unlawful disclosure etc.: supplementary

      5. 69.Penalties for offences relating to confirmation of scheme membership

    7. Fees, forms and other procedures

      1. 70.Fees

      2. 71.Forms

      3. 72.Procedure

    8. Supplementary

      1. 73.Consideration of suitability

      2. 74.Delegation of vetting and disclosure functions

      3. 75.Sources of information

      4. 76.Police access to scheme information

      5. 77.Disclosure of whether an individual is under consideration for listing

  4. Part 3 Amendment of Part 5 of the Police Act 1997

    1. 78.Information in criminal conviction and record certificates

    2. 79.Form of Part 5 applications

    3. 80.Payment of fee for information from certain police forces

    4. 81.Regulations about registration

  5. Part 4 School care accommodation services

    1. 82.Meaning of “school care accommodation service”

    2. 83.Application of fire safety rules to school care accommodation service

  6. Part 5 Supplementary and general

    1. 84.Guidance

    2. 84A.Guidance for chief constable

    3. 85.Annual report

    4. 86.Transfer of Disclosure Scotland staff etc.

    5. 87.Power to give effect to corresponding legislation in England, Wales and Northern Ireland

    6. 88.Modification of enactments

    7. 89.Offences by bodies corporate etc.

    8. 90.Crown application

  7. Part 6 Interpretation

    1. 91.Regulated roles

    2. 92.Individuals barred from regulated roles

    3. 93.Meaning of “harm”

    4. 94.Meaning of “protected adult”

    5. 95.Meaning of “work”

    6. 96.Fostering

    7. 97.General interpretation

  8. Part 7 Final provisions

    1. 98.Ancillary provision

    2. 99.Saving: disclosure of information

    3. 100.Orders and regulations

    4. 101.Commencement

    5. 102.Short title

    1. SCHEDULE 1

      Relevant offences

      1. 1.An offence falls within this paragraph if it is—

      2. 2.An individual falls within this paragraph if the individual—

    2. SCHEDULE 2

      Regulated roles with children

      1. PART 1 Preliminary

        1. Regulated roles with children

          1. 1.(1) A regulated role with children is a role of...

        2. Exceptions to regulated roles with children

          1. 2.(1) A role which would be a regulated role with...

        3. Definitions in relation to contact with children

          1. 3.(1) In paragraph 1(2)(b)— “contact with children”— means, in relation...

      2. PART 2 Activities

        1. Child protection

          1. 4.Acting as a foster carer in relation to the child....

          2. 5.Making decisions in relation to a child's care arrangements where...

          3. 6.Having responsibility for the safety and welfare of a child,...

          4. 7.Having the ability to directly influence decisions about the safety...

        2. Education and training

          1. 8.Teaching, instructing or delivering training to children.

          2. 9.Having the ability to directly influence the operational delivery of...

          3. 10.Holding power or influence over a child for the purpose...

          4. 11.Providing advice or guidance to children in relation to career...

        3. Childcare

          1. 12.Being in charge of or caring for children, other than...

        4. Care, health and accommodation services

          1. 13.Practising as a registered medical practitioner.

          2. 13A.Practising as an anaesthesia associate or physician associate pursuant to...

          3. 14.Practising as a registered nurse, midwife or health visitor.

          4. 14A.Practising in a profession pursuant to registration with the Health...

          5. 15.Practising as a chiropractor pursuant to registration with the General...

          6. 16.Practising as a dentist or dental care professional pursuant to...

          7. 17.Practising as an optometrist or dispensing optician pursuant to registration...

          8. 18.Practising as an osteopath pursuant to registration with the General...

          9. 19.Practising as a pharmacist or pharmacy technician pursuant to registration...

          10. 20.Being engaged in the provision of a domestic service (including...

          11. 21.Carrying out an activity in an educational institution, hospital, nursery,...

          12. 22.Providing a care home service or an independent healthcare service...

          13. 23.Being engaged by or on behalf of a child with...

          14. 24.Providing counselling, therapy , advice, guidance or advocacy support in...

          15. 25.Having the ability to directly influence the operational delivery of...

        5. Leisure activities

          1. 26.Providing cultural, leisure, social or recreational activities for children.

        6. Sports activities

          1. 27.Coaching children in relation to sports or physical activity.

        7. Religious activities

          1. 28.Providing religious activities or services for children.

        8. Miscellaneous

          1. 29.Driving or escorting children in connection with transport services provided...

          2. 30.Holding a position of responsibility in an organisation which has...

        9. Interpretation

          1. 31.In this schedule— “ care home service ” has the...

          2. 32.Ministers may by regulations amend the definition of “further education...

      3. PART 3 General

        1. Power to amend schedule

          1. 33.Ministers may by regulations modify this schedule as they think...

          2. 34.Regulations under paragraph 33 may disapply or otherwise modify the...

    3. SCHEDULE 3

      Regulated roles with adults

      1. PART 1 Preliminary

        1. Regulated roles with adults

          1. 1.(1) A regulated role with adults is a role of...

        2. Exceptions to regulated roles with adults

          1. 2.(1) A role which would be a regulated role with...

        3. Definition of contact with protected adults

          1. 3.(1) In paragraph 1(2)(b)— “contact with protected adults”— means, in...

      2. PART 2 Activities

        1. Education, training and guidance

          1. 4.Teaching, instructing, training or supervising protected adults.

          2. 5.Providing advice or guidance to a protected adult in relation...

        2. Care, health and accommodation services

          1. 6.Practising as a registered medical practitioner.

          2. 6A.Practising as an anaesthesia associate or physician associate pursuant to...

          3. 7.Practising as a registered nurse, midwife or health visitor.

          4. 7A.Practising in a profession pursuant to registration with the Health...

          5. 8.Practising as a chiropractor pursuant to registration with the General...

          6. 9.Practising as a dentist or dental care professional pursuant to...

          7. 10.Practising as an optometrist or dispensing optician pursuant to registration...

          8. 11.Practising as an osteopath pursuant to registration with the General...

          9. 12.Practising as a pharmacist or pharmacy technician pursuant to registration...

          10. 13.Being engaged in the provision of a domestic service (including...

          11. 13A.Carrying out an activity in a hospital, hospice, care home,...

          12. 14.Being in charge of protected adults.

          13. 14A.Having responsibility for the safety and welfare of a protected...

          14. 14B.Having the ability to directly influence decisions about the safety...

          15. 15.Being engaged by or on behalf of a protected adult...

          16. 16.Providing support to a protected adult under a shared lives...

          17. 17.Providing counselling, therapy , advice, guidance or advocacy support in...

          18. 18.Having the ability to directly influence the operational delivery of...

        3. Leisure activities

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

        4. Sports activities

          1. 20.Coaching protected adults in relation to sports or physical activity....

        5. Religious activities

          1. 21.Providing religious activities or services for protected adults.

        6. Miscellaneous

          1. 22.Driving or escorting protected adults in connection with transport services...

          2. 23.Holding a position of responsibility in an organisation which has...

        7. Interpretation

          1. 24.In this schedule— “ adult placement setting ” means a...

      3. PART 3 General

        1. Power to amend schedule

          1. 25.Ministers may by regulations modify this schedule as they think...

          2. 26.Regulations under paragraph 25 may disapply or otherwise modify the...

    4. SCHEDULE 4

      Minor and consequential amendments and repeals

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

        1. 1.The Teaching Council (Scotland) Act 1965 is amended as follows....

        2. 2.In section 6— (a) in subsection (2C), for the words...

        3. 3.In section 10B(1)(b)— (a) paragraphs (i) to (iii), and

        4. 4.In section 11(8), for the words from “such” to “but”...

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

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

        2. 6.In section 98A— (a) in subsection (5)(a)(ii), for “disqualified from...

        3. 7.In section 99(1A)— (a) in paragraph (g)(ii), for “disqualified from...

        4. 8.In section 135(1)— (a) after the definition of “attendance order”...

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

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

        2. 10.In section 7, after subsection (2) insert—

        3. 11.In section 15, after subsection (2) insert—

        4. 12.In section 21, before the definition of “care home service”...

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

        1. 13.The 1995 Act is amended as follows.

        2. 14.In section 106(1)— (a) paragraphs (db) and (dc) are repealed,...

        3. 15.In section 110(1)(a), the words “, the proposal to make...

        4. 16.Section 111(3) is repealed.

        5. 17.In section 116, for subsection (2) substitute—

        6. 18.In section 118— (a) in subsection (4), for the words...

        7. 19.In section 121A(1), the words “(other than an appeal under...

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

        9. 21.In section 175— (a) in subsection (2)—

        10. 22.Section 181(4) is repealed.

        11. 23.In section 186— (a) the words “or (cb)”, where they...

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

        13. 25.In section 189— (a) subsection (2A) is repealed,

        14. 26.In section 193A(1), the words “(other than by way of...

      5. Police Act 1997 (c. 50)

        1. 27.Part 5 of the 1997 Act is amended as follows....

        2. 28.In section 113A, after subsection (5) insert—

        3. 29.After section 113B insert— Suitability information relating to children (1) In such cases as are prescribed, an enhanced criminal...

        4. 30.Sections 113C to 113F are repealed.

        5. 31.In section 114— (a) in subsection (2), for “a Minister...

        6. 32.In section 116— (a) in subsection (2), for “a Minister...

        7. 33.In section 117, after subsection (2) insert—

        8. 34.In section 118— (a) in subsection (2A)(a), for “United Kingdom...

        9. 35.In section 119A(2), the words from “; and” to the...

        10. 36.In section 120(5)(b) for the words from “countersign” to “113B”...

        11. 37.In section 120A— (a) in subsection (3)(b), for “included in...

        12. 38.Section 121 is repealed.

        13. 39.In section 122— (a) in subsection (3)—

        14. 40.Before section 123 insert— Delegation of functions of Scottish Ministers...

        15. 41.In section 126(1), after the definition of “Minister of the...

      6. Protection of Children (Scotland) Act 2003 (asp 5)

        1. 42.The whole Act (other than sections 13 and 16) is...

      7. Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5)

        1. 43.Section 24(1) of the Criminal Procedure (Amendment) (Scotland) Act 2004...

      8. Charities and Trustee Investment (Scotland) Act 2005 (asp 10)

        1. 44.Paragraph 15 of schedule 4 to the Charities and Trustee...

      9. Inquiries Act 2005 (c. 12)

        1. 45.Part 2 of Schedule 2 to the Inquiries Act 2005...

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

        1. 46.The following provisions of the Police, Public Order and Criminal...

    5. SCHEDULE 5

      Index