The Protection of Vulnerable Groups (Scotland) Act 2007 (Commencement No. 2) Order 2007

Explanatory Note

(This note is not part of the Order)

This Order brings into force certain provisions of the Protection of Vulnerable Groups (Scotland) Act 2007 (“the Act”).

Article 2(1) brings into force, on 11 January 2008, the provisions listed in the Schedule to the Order.

The commencement of sections 79 and 80 provides for repeals of, and amendments to provisions within Part 5 of the Police Act 1997 (“the 1997 Act”).

Section 79 amends sections 112(1)(a), 113A(1)(a), 113B(1)(a), 114(1)(a), 116(1)(a), 117(1) and 120(2) of the 1997 Act and inserts a new section 125A into it. The changes enable the Scottish Ministers to determine the form of applications under Part 5 of the 1997 Act administratively, rather than requiring forms to be prescribed in regulations.

Section 80 inserts a new subsection (5A) into section 113B of the 1997 Act. This new subsection enables the Scottish Ministers to prescribe the bodies to which fees are payable for information provided by a body listed in section 113B(10)(j) to (m) of the 1997 Act.

Section 87 enables the Scottish Ministers by Order, to make such provision as they consider appropriate in consequence of, or for the purpose of giving full effect to the Safeguarding Vulnerable Groups Act (c.47) or legislation which forms part of the law of Northern Ireland which Ministers consider corresponds to provision made by virtue of the Act, or which affects the operation of any provision made by virtue of the Act.

Section 88 and Schedule 4, paragraphs 27, 33, 34, 38, 40 and 46 make some consequential amendments and repeals to the 1997 Act and the Police, Public Order and Criminal Justice (Scotland) Act 2006.