2024 No. 314
Protection Of Vulnerable Groups

The Protection of Vulnerable Groups (Information for Listing and Vetting) (Scotland) Regulations 2024

Made
Laid before the Scottish Parliament
Coming into force in accordance with regulation 1
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 18(4)(b) and (5)(c) and 49(1)(a) of the Protection of Vulnerable Groups (Scotland) Act 20071 and all other powers enabling them to do so.

Citation and commencement1.

These Regulations may be cited as the Protection of Vulnerable Groups (Information for Listing and Vetting) (Scotland) Regulations 2024 and come into force on the same day as paragraph 5(2) and (13)(a)(i) of schedule 5 (consequential and minor modifications) of the Disclosure Act.

Interpretation2.

In these Regulations—

“the 2003 Act” means the Sexual Offences Act 20032,
“the 2005 Act” means the Protection of Children and Prevention of Sexual Offences (Scotland) Act 20053,
“the 2016 Act” means the Abusive Behaviour and Sexual Harm (Scotland) Act 20164,

“the PVG Act” means the Protection of Vulnerable Groups (Scotland) Act 2007,

“the Disclosure Act” means the Disclosure (Scotland) Act 20205,
“the Sentencing Code” means the code contained in the Sentencing Act 2020 (see section 1 of that Act)6,
“spent” in relation to a conviction means spent for the purpose of the Rehabilitation of Offenders Act 19747.

Information for listing: prescribed civil court orders3.

The civil court orders set out in Part 1 of schedule 1 are prescribed for the purposes of the definition of “relevant matter” in section 18(5) (police information etc.) of the PVG Act8.

Information for listing: prescribed details of every relevant matter4.

The details of a relevant matter set out Part 2 of schedule 1 are prescribed for the purposes of section 18(4)(b) (police information etc.) of the PVG Act9.

Vetting information: prescribed details of every relevant matter5.

The details of a relevant matter set out in schedule 2 are prescribed for the purposes of section 49(1)(a) (vetting information) of the PVG Act10.
NATALIE DON-INNES
Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

SCHEDULE 1Information for listing

Regulations 3 and 4

PART 1Prescribed court orders

1.

A notification order made under section 97(5) of the 2003 Act11.

2.

An interim notification order made under section 100(3) of the 2003 Act12.

3.

A sexual harm prevention order made under—

(a)

section 103A(1) of the 2003 Act13, or

(b)

Chapter 2 of Part 11 of the Sentencing Code14.

4.

An interim sexual harm prevention order made under section 103F(3) of the 2003 Act15.

5.

A sexual harm prevention order made under section 11(2) or 12(1) of the 2016 Act16.

6.

An interim sexual harm prevention order made under section 21(1) of the 2016 Act.

7.

A sexual offences prevention order made under section 104(1) or 105(3) of the 2003 Act17.

8.

An interim sexual offences prevention order made under section 109(3) of the 2003 Act18.

9.

A foreign travel order made under section 114(3) of the 2003 Act19.

10.

A sexual risk order made under section 122A(6) of the 2003 Act20.

11.

An interim sexual risk order made under section 122E(3) of the 2003 Act21.

12.

A sexual risk order made under made under section 27(1) of the 2016 Act.

13.

An interim sexual risk order made under section 31(1) of the 2016 Act.

14.

A risk of sexual harm order made under section 123(4) of the 2003 Act22.

15.

An interim risk of sexual harm order made under section 126(3) of the 2003 Act23.

16.

A risk of sexual harm order made under section 2(6) of the 2005 Act24.

17.

An interim risk of sexual harm order made under section 5(3) of the 2005 Act25.

PART 2Prescribed details of every relevant matter

18.

In the case of a conviction, including a spent conviction—

(a)

the date of the conviction,

(b)

the convicting court,

(c)

the offence,

(d)

the method of disposal for the offence.

19.

In the case of a caution—

(a)

the date of the caution,

(b)

the police force which gave the caution,

(c)

the offence which the person given the caution had admitted.

20.

If a notification order, made under section 97(5) of the 2003 Act, is in effect in respect of the individual—

(a)

the date of that order,

(b)

the notification period applying to the individual by virtue of section 98(1)(b) of that Act26.

21.

If an interim notification order, made under section 100(3) of the 2003 Act, is in effect in respect of the individual—

(a)

the date of that order,

(b)

the period for which that order has effect by virtue of section 100(4) of that Act27.

22.

If a sexual harm prevention order, made under section 103A(1) of the 2003 Act or Chapter 2 of Part 11 of the Sentencing Code, is in effect in respect of the individual—

(a)

the prohibitions and requirements described in that order,

(b)

the date of that order,

(c)

the period for which each of the prohibitions and requirements described in that order have effect by virtue of—

(i)

section 103C(2) or, as the case may be, 103D(1) of the 2003 Act28, or

(ii)

section 347(2) or, as the case may be, 348(1) of the Sentencing Code29,

(d)

details as to whether that order has been varied or renewed under section 103E(5) of the 2003 Act30 or, as the case may be, section 350(6) of the Sentencing Code31.

23.

If an interim sexual harm prevention order, made under section 103F(3) of the 2003 Act, is in effect in respect of the individual—

(a)

the prohibitions and requirements described in that order,

(b)

the date of that order,

(c)

the period for which that order has effect by virtue of section 103F(4) of that Act,

(d)

details as to whether that order has been varied or renewed under section 103F(5) of that Act.

24.

If a sexual harm prevention order, made under section 11(2) or 12(1) of the 2016 Act, is in effect in respect of the individual—

(a)

the prohibitions and requirements contained in that order,

(b)

the date of that order,

(c)

the period for which each of the prohibitions and requirements contained in that order has effect by virtue of section 16(3) or, as the case may be, 17(1) of that Act,

(d)

details as to whether that order has been varied or renewed under section 20(1) of that Act.

25.

If an interim sexual harm prevention order, made under section 21(1) of the 2016 Act, is in effect in respect of the individual—

(a)

the prohibitions and requirements contained in that order,

(b)

the date of that order,

(c)

the period for which each of the prohibitions and requirements contained in that order has effect by virtue of section 21(5) of that Act,

(d)

details as to whether that order has been varied or renewed under section 21(10) of that Act.

26.

If a sexual offences prevention order, made under section 104(1) or 105(3) of the 2003 Act, is in effect in respect of the individual—

(a)

the prohibitions and requirements described in that order,

(b)

the date of that order,

(c)

the period for which that order has effect by virtue of section 107(1)(b) of that Act32,

(d)

details as to whether that order has been varied or renewed under section 108(4) of that Act33.

27.

If an interim sexual offences prevention order, made under section 109(3) of the 2003 Act, is in effect in respect of the individual—

(a)

the prohibitions and requirements described in that order,

(b)

the date of that order,

(c)

the period for which that order has effect by virtue of section 109(4) of that Act34,

(d)

details as to whether that order has been varied or renewed under section 109(6) of that Act35.

28.

If a foreign travel order, made under section 114(3) of the 2003 Act, is in effect in respect of the individual—

(a)

the prohibitions specified in that order,

(b)

the date of that order,

(c)

the period for which that order has effect by virtue of section 117(1) of that Act36,

(d)

details as to whether that order has been varied or renewed under section 118(3) of that Act37.

29.

If a sexual risk order, made under section 122A(6) of the 2003 Act, is in effect in respect of the individual—

(a)

the prohibitions and requirements described in that order,

(b)

the date of that order,

(c)

the period for which that order, or each of the prohibitions and requirements described in that order, have effect by virtue of section 122A(8) or, as the case may be, 122C(1) of that Act38,

(d)

details as to whether that order has been varied or renewed under section 122D(4) of that Act39.

30.

If an interim sexual risk order, made under section 122E(3) of the 2003 Act, is in effect in respect of the individual—

(a)

the prohibitions and requirements described in that order,

(b)

the date of that order,

(c)

the period for which that order has effect by virtue of section 122E(4) of that Act,

(d)

details as to whether that order has been varied or renewed under section 122E(5) of that Act.

31.

If a sexual risk order, made under section 27(1) of the 2016 Act, is in effect in respect of the individual—

(a)

the prohibitions and requirements contained in that order,

(b)

the date of that order,

(c)

the period for which each of the prohibitions and requirements contained in that order has effect by virtue of section 28(3) or, as the case may be, 29(1) of that Act,

(d)

details as to whether that order has been varied or renewed under section 30(1) of that Act.

32.

If an interim sexual risk order, made under section 31(1) of the 2016 Act, is in effect in respect of the individual—

(a)

the prohibitions and requirements contained in that order,

(b)

the date of that order,

(c)

the period for which each of the prohibitions and requirements contained in that order has effect by virtue of section 31(5) of that Act,

(d)

details as to whether that order has been varied or renewed under section 31(9) of that Act.

33.

If a risk of sexual harm order, made under section 123(4) of the 2003 Act, is in effect in respect of the individual—

(a)

the prohibitions described in that order,

(b)

the date of that order,

(c)

the period for which that order has effect by virtue of section 123(5)(b) of that Act40,

(d)

details as to whether that order has been varied or renewed under section 125(3) of that Act41.

34.

If an interim risk of sexual harm order, made under section 126(3) of the 2003 Act, is in effect in respect of the individual—

(a)

the prohibitions described in that order,

(b)

the date of that order,

(c)

the period for which that order has effect by virtue of section 126(4) of that Act42,

(d)

details as to whether that order has been varied or renewed under section 126(5) of that Act43.

35.

If a risk of sexual harm order, made under section 2(6) of the 2005 Act, is in effect in respect of the individual—

(a)

the prohibitions and requirements described in that order,

(b)

the date of that order,

(c)

the period for which that order has effect by virtue of section 2(7)(b) of that Act44,

(d)

details as to whether that order has been varied or renewed under section 4(3) of that Act45.

36.

If an interim risk of sexual harm order, made under section 5(3) of the 2005 Act, is in effect in respect of the individual—

(a)

the prohibitions and requirements described in that order,

(b)

the date of that order,

(c)

the period for which that order has effect by virtue of section 5(5) of that Act46,

(d)

details as to whether that order has been varied or renewed under section 5(6) of that Act47.

SCHEDULE 2Vetting information: prescribed details of every relevant matter

Regulation 5

1.

In the case of a conviction, including a spent conviction—

(a)

the date of the conviction,

(b)

the convicting court,

(c)

the offence,

(d)

the method of disposal for the offence.

2.

In the case of a caution—

(a)

the date of the caution,

(b)

the police force which gave the caution,

(c)

the offence which the person given the caution had admitted.

3.

If a notification order, made under section 97(5) of the 2003 Act48, is in effect in respect of the scheme member—

(a)

the date of that order,

(b)

the notification period applying to the scheme member by virtue of section 98(1)(b) of that Act49.

4.

If an interim notification order, made under section 100(3) of the 2003 Act50, is in effect in respect of the scheme member—

(a)

the date of that order,

(b)

the period for which that order has effect by virtue of section 100(4) of that Act51.

5.

If a sexual harm prevention order, made under section 103A(1) of the 2003 Act52 or Chapter 2 of Part 11 of the Sentencing Code53, is in effect in respect of the scheme member—

(a)

the prohibitions and requirements described in that order,

(b)

the date of that order,

(c)

the period for which each of the prohibitions and requirements described in that order have effect by virtue of—

(i)

section 103C(2) or, as the case may be, 103D(1) of the 2003 Act54, or

(ii)

section 347(2) or, as the case may be, 348(1) of the Sentencing Code55,

(d)

details as to whether that order has been varied or renewed under section 103E(5) of the 2003 Act56 or, as the case may be, section 350(6) of the Sentencing Code57.

6.

If an interim sexual harm prevention order, made under section 103F(3) of the 2003 Act58, is in effect in respect of the scheme member—

(a)

the prohibitions described in that order,

(b)

the date of that order,

(c)

the period for which that order has effect by virtue of section 103F(4) of that Act,

(d)

details as to whether that order has been varied or renewed under section 103F(5) of that Act.

7.

If a sexual harm prevention order, made under section 11(2) or 12(1) of the 2016 Act59, is in effect in respect of the scheme member—

(a)

the prohibitions and requirements contained in that order,

(b)

the date of that order,

(c)

the period for which each of the prohibitions and requirements contained in that order has effect by virtue of section 16(3) or, as the case may be, 17(1) of that Act,

(d)

details as to whether that order has been varied or renewed under section 20(1) of that Act.

8.

If an interim sexual harm prevention order, made under section 21(1) of the 2016 Act, is in effect in respect of the scheme member—

(a)

the prohibitions and requirements contained in that order,

(b)

the date of that order,

(c)

the period for which each of the prohibitions and requirements contained in that order has effect by virtue of section 21(5) of that Act,

(d)

details as to whether that order has been varied or renewed under section 21(10) of that Act.

9.

If a sexual offences prevention order, made under section 104(1) or 105(3) of the 2003 Act60, is in effect in respect of the scheme member—

(a)

the prohibitions and requirements described in that order,

(b)

the date of that order,

(c)

the period for which that order has effect by virtue of section 107(1)(b) of that Act61,

(d)

details as to whether that order has been varied or renewed under section 108(4) of that Act62.

10.

If an interim sexual offences prevention order, made under section 109(3) of the 2003 Act63, is in effect in respect of the scheme member—

(a)

the prohibitions and requirements described in that order,

(b)

the date of that order,

(c)

the period for which that order has effect by virtue of section 109(4) of that Act64,

(d)

details as to whether that order has been varied or renewed under section 109(6) of that Act65.

11.

If a foreign travel order, made under section 114(3) of the 2003 Act66, is in effect in respect of the scheme member—

(a)

the prohibitions specified in that order,

(b)

the date of that order,

(c)

the period for which that order has effect by virtue of section 117(1) of that Act67,

(d)

details as to whether that order has been varied or renewed under section 118(3) of that Act68.

12.

If a sexual risk order, made under section 122A(6) of the 2003 Act69, is in effect in respect of the scheme member—

(a)

the prohibitions and requirements described in that order,

(b)

the date of that order,

(c)

the period for which that order, or each of the prohibitions and requirements described in that order, have effect by virtue of section 122A(8) or, as the case may be, 122C(1) of that Act70,

(d)

details as to whether that order has been varied or renewed under section 122D(4) of that Act71.

13.

If an interim sexual risk order, made under section 122E(3) of the 2003 Act72, is in effect in respect of the scheme member—

(a)

the prohibitions and requirements described in that order,

(b)

the date of that order,

(c)

the period for which that order has effect by virtue of section 122E(4) of that Act,

(d)

details as to whether that order has been varied or renewed under section 122E(5) of that Act.

14.

If a sexual risk order, made under section 27(1) of the 2016 Act, is in effect in respect of the scheme member—

(a)

the prohibitions and requirements contained in that order,

(b)

the date of that order,

(c)

the period for which each of the prohibitions and requirements contained in that order has effect by virtue of section 28(3) or, as the case may be, 29(1) of that Act,

(d)

details as to whether that order has been varied or renewed under section 30(1) of that Act.

15.

If an interim sexual risk order, made under section 31(1) of the 2016 Act, is in effect in respect of the scheme member—

(a)

the prohibitions and requirements contained in that order,

(b)

the date of that order,

(c)

the period for which each of the prohibitions and requirements contained in that order has effect by virtue of section 31(5) of that Act,

(d)

details as to whether that order has been varied or renewed under section 31(9) of that Act.

16.

If a risk of sexual harm order, made under section 123(4) of the 2003 Act73, is in effect in respect of the scheme member—

(a)

the prohibitions described in that order,

(b)

the date of that order,

(c)

the period for which that order has effect by virtue of section 123(5)(b) of that Act74,

(d)

details as to whether that order has been varied or renewed under section 125(3) of that Act75.

17.

If an interim risk of sexual harm order, made under section 126(3) of the 2003 Act76, is in effect in respect of the scheme member—

(a)

the prohibitions described in that order,

(b)

the date of that order,

(c)

the period for which that order has effect by virtue of section 126(4) of that Act77,

(d)

details as to whether that order has been varied or renewed under section 126(5) of that Act78.

18.

If a risk of sexual harm order, made under section 2(6) of the 2005 Act79, is in effect in respect of the scheme member—

(a)

the prohibitions and requirements described in that order,

(b)

the date of that order,

(c)

the period for which that order has effect by virtue of section 2(7)(b) of that Act80,

(d)

details as to whether that order has been varied or renewed under section 4(3) of that Act81.

19.

If an interim risk of sexual harm order, made under section 5(3) of the 2005 Act82, is in effect in respect of the scheme member—

(a)

the prohibitions and requirements described in that order,

(b)

the date of that order,

(c)

the period for which that order has effect by virtue of section 5(5) of that Act83,

(d)

details as to whether that order has been varied or renewed under section 5(6) of that Act84.
EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations make detailed provision in relation to information that can be used for listing and vetting purposes in respect of scheme members under the Protection of Vulnerable Groups (Scotland) Act 2007 (“the PVG Act”).

Section 18(4) of the PVG Act permits the Scottish Ministers to require any person who holds records of convictions, cautions or other information for the use of police forces generally to provide the Scottish Ministers with the prescribed details of every relevant matter relating to an individual that is recorded in those records for the purpose of enabling or assisting the Scottish Ministers to decide whether to list an individual. Section 18(5) of the PVG Act includes a definition of “relevant matter” which includes prescribed civil orders. Regulation 3 and Part 1 of schedule 1 of these Regulations prescribe those civil court orders. Regulation 4 and Part 2 of schedule 1 of these Regulations prescribe the details of every relevant matter, including the prescribed civil court orders, for the purposes of section 18(4).

Section 49(1)(a) of the PVG Act provides that “vetting information”, in relation to a scheme member, includes the prescribed details of every relevant matter relating to the scheme member that is recorded in central records. Regulation 5 and schedule 2 of these Regulations prescribe the details of every relevant matter for the purposes of section 49(1)(a).