The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010
| Jurisdiction | Scotland |
| Citation | SSI 2010/446 |
| Year | 2010 |
2010 No. 446
Children And Young Persons
Protection Of Vulnerable Adults
The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010
Made 14th December 2010
Coming into force in accordance with article 1(2)
The Scottish Ministers make the following Order in exercise of the powers conferred by sections 87(1), (2) and (3) and 98(1) and (2) of, and paragraph 28 of schedule 2 and paragraph 13 of schedule 3 to, the Protection of Vulnerable Groups (Scotland) Act 20071and all other powers enabling them to do so.
In accordance with section 100(4) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
PART 1
Introduction
Citation and commencement
1.—(1) This Order may be cited as the Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010.
(2) This Order comes into force on the same day as section 92 of the Protection of Vulnerable Groups (Scotland) Act 2007.
Interpretation
2. In this Order—
“the 2006 Act” means the Safeguarding Vulnerable Groups Act 20062;
“the 2007 Act” means the Protection of Vulnerable Groups (Scotland) Act 2007; and
“the SVG (NI) Order 2007” means the Safeguarding Vulnerable Groups (Northern Ireland) Order 20073.
PART 2
Amendment of the 2007 Act
Amendment of the 2007 Act
3. The 2007 Act is amended in accordance with articles 4 to 13.
Amendment of section 10 (organisational referrals etc.) of the 2007 Act
4.—(1) Section 10 (organisational referrals etc.) of the 2007 Act is amended as follows.
(2) In subsection (1)—
(a)
(a) the words from “where” to the end of the subsection become paragraph (a) (with existing paragraphs (a) and (b) being re-numbered as sub-paragraphs (i) and (ii)); and
(b)
(b) at the end of the subsection insert—
“, or
(b)
(b) where information relating to an individual has been given to Ministers by the Independent Safeguarding Authority”.
(3) In subsection (4) after “work” insert “(if any)”.
Amendment of section 18 (police information etc.) of the 2007 Act
5.—(1) Section 18 (police information etc.) of the 2007 Act is amended as follows.
(2) In subsection (1) after “force”, and after “constable” where it appears for the second time, insert “or the Scottish Crime and Drug Enforcement Agency”.
(3) In subsection (2) “for chief constable” where it appears each time substitute “person”.
(4) In subsection (3) after the word “authority” insert “or the Scottish Police Services Authority”.
Amendment of section 38 (police access to lists) of the 2007 Act
6.—(1) Section 38 (police access to lists) is amended as follows.
(2) In subsection (1) after “forces” insert “, the Scottish Police Services Authority and the Scottish Crime and Drug Enforcement Agency”.
(3) In subsection (2) after “forces” insert “, the Scottish Police Services Authority and the Scottish Crime and Drug Enforcement Agency”.
Amendment of section 39 (restrictions on listing in children’s list) of the 2007 Act
7.—(1) Section 39 (restrictions on listing in children’s list) of the 2007 Act is amended as follows.
(2) In subsection (1), the words from “by” to the end of the subsection are repealed.
(3) In subsection (2)(a), for “considered” substitute “dealt with”.
(4) In subsection (3)—
(a)
(a) for paragraph (a) substitute—
“(a)
“(a) the individual’s case has been dealt with in pursuance of relevant corresponding legislation, and”; and
(b)
(b) in paragraph (b), for “by ISA before it made its decision” substitute “before, or when, the individual’s case was last dealt with in pursuance of the relevant corresponding legislation”.
(5) In subsection (4)(b), for “considers” substitute “deals with”.
(6) In subsection (5)—
(a)
(a) after “if” insert “they consider that it would be more appropriate for the individual’s case to be dealt with by ISA.”; and
(b)
(b) paragraphs (a) and (b) are repealed.
(7) After subsection (5) insert—
“6 Where—
(a) in pursuance of subsection (5), Ministers do not list an individual in the children’s list under section 14, and
(b) ISA deals with the individual’s case,
section 30 applies (with any necessary modifications) as if Ministers had listed the individual in the children’s list under section 14.
7 In this section “relevant corresponding legislation” means—
(a) the Protection of Children Act 1999 (c.14),
(b) the Criminal Justice and Court Services Act 2000 (c.43),
(c) sections 142 to 144 of the Education Act 2002 (c.32),
(e) the Safeguarding Vulnerable Groups Act 2006 (c.47),
(f) regulations made under Article 70(1) and (2)(e) or 88A(1) and (2)(b) of the Education and Libraries (Northern Ireland) Order 1986,
Amendment of section 40 (restrictions on listing in adults’ list) of the 2007 Act
8.—(1) Section 40 (restrictions on listing in adults’ list) of the 2007 Act is amended as follows.
(2) In subsection (1), the words from “by” to the end of the subsection are repealed.
(3) In subsection (2)(a), for “considered” substitute “dealt with”.
(4) In subsection (3)—
(a)
(a) for paragraph (a) substitute—
“(a)
“(a) the individual’s case has been dealt with in pursuance of relevant corresponding legislation, and”; and
(b)
(b) in paragraph (b), for “by ISA before it made its decision” substitute “before, or when, the individual’s case was last dealt with in pursuance of the relevant corresponding legislation”.
(5) In subsection (4)(b), for “considers” substitute “deals with”.
(6) In subsection (5)—
(a)
(a) after “if” insert “they consider that it would be more appropriate for the individual’s case to be dealt with by ISA.”; and
(b)
(b) paragraphs (a) and (b) are repealed.
(7) After subsection (5) insert—
“6 Where—
(a) in pursuance of subsection (5), Ministers do not list an individual in the adults’ list under section 14, and
(b) ISA deals with the individual’s case,
section 30 applies (with any necessary modifications) as if Ministers had listed the individual in the adults’ list under section 14.
7 In this section “relevant corresponding legislation” means—
(a) Part 7 of the Care Standards Act 2000 (c.14),
(c) the Safeguarding Vulnerable Groups Act 2006 (c.47),
Amendment of section 41 (proceedings from actions for damages) of the 2007 Act
9. In section 41(1)(c) and (2)(b) of the 2007 Act, after the words “18 to 20” insert in each place “(or of any other power or duty to provide information to Ministers in relation to their functions under this Part)”.
Amendment of section 75 (sources of information) of the 2007 Act
10.—(1) Section 75 (sources of information) of the 2007 Act is amended as follows.
(2) In subsection (2) after “chief constable” insert “or the Scottish Crime and Drug Enforcement Agency”.
(3) In subsection (3) for “chief constable” where it appears each time substitute “person”.
(4) In subsection (4) after “authority” insert “or the Scottish Police Services Authority”.
(5) In subsection (5) after “63(4)” insert “(or in pursuance of any other power or duty to provide information to Ministers in relation to their functions under this Part)”.
Amendment of section 76 (police access to scheme information) of the 2007 Act
11.—(1) Section 76 (police access to scheme information) is amended as follows.
(2) In subsection (1) for “and the Scottish Police Services Authority” where it appears first substitute “, the Scottish Police Services Authority and the Scottish Crime and Drug Enforcement Agency”;
(3) In subsection (1)(c) for “ or the Scottish Police Services Authority” substitute “, the Scottish Police Services Authority or the Scottish Crime and Drug Enforcement Agency”; and
(4) In subsection (2) for “and the Scottish Police Services Authority” substitute “, the Scottish Police Services Authority and the Scottish Crime and Drug Enforcement Agency”.
Modification of schedule 2 (regulated work with children) to the 2007 Act
12. In paragraph 1 of schedule 2 (regulated work with children) to the 2007 Act for “work” where it appears for the second time substitute “work done in Scotland”.
Modification of schedule 3 (regulated work with adults) to the 2007 Act
13. In paragraph 1 of schedule 3 (regulated work with adults) to the 2007 Act for “work” where it appears for the second time substitute “work done in Scotland”.
PART 3
Provision of Information by Ministers and Double Barring
Provision of information by Ministers to the Independent Safeguarding Authority, the Secretary of State and the Department of Justice in Northern Ireland
14.—(1) Ministers may provide to a person specified in paragraph (2) (for the purposes specified in paragraph (2) in relation to such...
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