The Protection of Children (Scotland) Act 2003 (Commencement No. 1) Amendment Order 2004

Explanatory Note

(This note is not part of the Order)

This Order amends the Protection of Children (Scotland) Act 2003 (Commencement No. 1) Order 2004 to defer commencement of the offence provision in section 11(3)(a) of the 2003 Act.

Article 2(1) brings into force on 10th January 2005 all the provisions of the Protection of Children (Scotland) Act 2003 (“the 2003 Act”) so far as not yet in force with the exception firstly of the offence provision in section 11(3)(a) of the 2003 Act where an organisation offers work in a child care position to, or procures such work for, an individual who is disqualified from working with children within the meaning of section 17 of the 2003 Act and secondly of the offence provision in section 11(3)(b) of the 2003 Act where an organisation fails to remove an individual who is disqualified from working with children within the meaning of section 17 of the 2003 Act from a child care position.

Article 2(2) brings into force on 11th April 2005 the offence provision in section 11(3)(a) of the 2003 Act.

Sections 21 (provision on orders and regulations) and 22 (the short title and commencement) of the 2003 Act came into force on Royal Assent.

The provisions in section 24 of the Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5) which amended section 10 of the 2003 Act (references of individuals to the Scottish Ministers for inclusion in the list of those disqualified from working with children) were brought into force on 4th October 2004 by S.S.I. 2004/405 (c.28).