Legalize / United Kingdom / Scotland / Act of the Scottish Parliament

Protection of Vulnerable Groups (Scotland) Act 2007

Type Act of the Scottish Parliament

Publication 2007-04-18

Last updated 2026-03-01

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

Part 1 — The lists

Duty to keep lists

Duty of Scottish Ministers to keep lists

1

(1) Ministers must keep—

(a) the children's list, and

(b) the adults' list.

(2) An individual may be listed in—

(a) the children's list,

(b) the adults' list, or

only in accordance with this Part.

(3) In this Act, “listed”, in relation to an individual, means included in the children's list or, as the case may be, the adults' list, and references to listing an individual are to be construed accordingly.

Referrals

Regulated work

2

The referral ground—

(a) in relation to an individual who is or has been carrying out (or has been offered or supplied for) a regulated role with children, is that the individual has, whether or not in the course of the individual carrying out that role—

(i) harmed a child,

(ii) placed a child at risk of harm,

(iii) engaged in inappropriate conduct involving pornography,

(iv) engaged in inappropriate conduct of a sexual nature involving a child, or

(v) given inappropriate medical treatment to a child,

(b) in relation to an individual who is or has been carrying out (or has been offered or supplied for) a regulated role with adults, is that the individual has, whether or not in the course of the individual carrying out that role—

(i) harmed a protected adult,

(ii) placed a protected adult at risk of harm,

(iii) engaged in inappropriate conduct involving pornography,

(iv) engaged in inappropriate conduct of a sexual nature involving a protected adult, or

(v) given inappropriate medical treatment to a protected adult.

Reference following disciplinary action etc.

3

(1) An organisation must give Ministers any prescribed information which it holds in relation to an individual who is or has been carrying out a regulated role if—

(a) it has, on the referral ground—

(i) dismissed the individual, or

(ii) transferred the individual to a position which does not involve that type of regulated role, or

(b) it would or might have dismissed or so transferred the individual on the referral ground if the individual had not—

(i) otherwise stopped carrying out the regulated role, or

(ii) been working for the organisation for a fixed term.

(2) An organisation must give Ministers any prescribed information which it holds in relation to an individual who has been carrying out a regulated role if—

(a) the individual stops carrying out the regulated role in circumstances not falling within subsection (1),

(b) the organisation subsequently becomes aware of information which it was unaware of when the individual stopped carrying out the regulated role, and

(i) it had been aware of that information at that time, and

(ii) the individual had not stopped carrying out the regulated role,

it would or might have dismissed the individual on the referral ground.

(3) In subsections (1) and (2)—

(a) an individual suspended from a regulated role is not to be treated as having stopped carrying out that role,

(b) the duty to give Ministers information in relation to the temporary transfer of an individual to another position applies only if the organisation subsequently makes a final decision not to permit the individual to resume the type of regulated role from which the individual was transferred.

(4) This section does not apply to personnel suppliers (see sections 4 and 5).

Reference by employment agency

4

A personnel supplier which carries on an employment agency must give Ministers any prescribed information which it holds in relation to an individual who is or has been carrying out a regulated role if it has, on the referral ground, decided—

(a) not to do any further business with the individual, or

(b) not to—

(i) find the individual another regulated role, or

(ii) offer or supply the individual for another regulated role.

Reference by employment business

5

A personnel supplier which carries on an employment business must give Ministers any prescribed information which it holds in relation to an individual whom it has offered or supplied for a regulated role if—

(a) it has dismissed the individual on the referral ground,

(b) the individual has otherwise stopped carrying out the regulated role in circumstances in which it would or might have dismissed the individual on the referral ground if the individual had not so stopped, or

Reference relating to matters occurring before provisions come into force

6

(1) The duties in sections 3 to 5 do not apply where the individual stopped carrying out the regulated role (or, as the case may be, the organisation's opinion was formed) before the date on which the provisions imposing the duties come into force.

(2) But an organisation may give Ministers any prescribed information which it holds in relation to such an individual if it wishes to do so.

Reference by court

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reference by certain other persons

8

(1) A person to whom this section applies may give Ministers any prescribed information that the person holds in relation to an individual who is or has been carrying out a regulated role if—

(a) on the basis of information obtained by the person in the exercise of relevant functions, the person considers that the referral ground is met (regardless of whether the conduct to which the information relates occurred before or after this section comes into force), and

(b) prescribed information in relation to the individual has not been given to Ministers under sections 3 to 6 in respect of the conduct to which the information relates.

(2) This section applies to—

Councils

The General Teaching Council for Scotland

Healthcare Improvement Scotland

An integration joint board established by order under section 9 of the Public Bodies (Joint Working) (Scotland) Act 2014

The Registrar of Chiropractors

The registrar of dentists and dental care professionals

The registrar of the General Medical Council

The registrar of the General Optical Council

The Registrar of health professionals

The Registrar of nurses and midwives

The Registrar of Osteopaths

The registrar of pharmacists

The Scottish Social Services Council

Social Care and Social Work Improvement Scotland

Any other person specified in an order made by Ministers

(3) For the purposes of this section, “relevant functions” means—

(za) in relation to a council or an integration joint board mentioned in subsection (2), such functions as are conferred on either of them by the Social Work (Scotland) Act 1968, the Children (Scotland) Act 1995, the Adults with Incapacity (Scotland) Act 2000, the Adult Support and Protection (Scotland) Act 2007 or the Children and Young People (Scotland) Act 2014,

(a) in relation to the General Teaching Council for Scotland, such functions as are conferred on it by virtue of the Public Services Reform (General Teaching Council for Scotland) Order 2011,

(aa) in relation to Healthcare Improvement Scotland, such functions as are conferred on it by virtue of the National Health Service (Scotland) Act 1978 (c. 29) and any other enactment,

(b) in relation to registrars mentioned in subsection (2), such functions as are conferred on them by virtue of any enactment,

(c) in relation to ... the Scottish Social Services Council, such functions as are conferred on it by virtue of the 2001 Act and any other enactment, ...

(ca) in relation to Social Care and Social Work Improvement Scotland, such functions as are conferred on it by virtue of the 2010 Act and any other enactment, and

(d) in relation to a person specified in an order made under subsection (2), such functions as are specified by the order.

Failure to refer: offence

9

An organisation which fails, without reasonable excuse, to comply with a duty imposed by any of sections 3 to 5 within 3 months of the date on which the duty arose is guilty of an offence and liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both,

(b) on a conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine, or to both.

Consideration whether to list

Consideration whether to list: organisational referrals etc.

10

(1) This section applies

(a) where—

(i) prescribed information relating to an individual has been given to Ministers in pursuance of sections 3 to 6 or 8, and

(ii) they are satisfied that the information was not given for vexatious or frivolous purposes , or

(aa) where prescribed information relating to an individual has been given to Ministers in pursuance of section 6A, or

(b) where information relating to an individual has been given to Ministers by the Disclosure and Barring Service.

(2) Where Ministers are satisfied that the information indicates that it may be appropriate for the individual to be included in the children's list, they must consider listing the individual in that list.

(3) Where Ministers are satisfied that the information indicates that it may be appropriate for the individual to be included in the adults' list, they must consider listing the individual in that list.

(4) For the avoidance of doubt, subsections (2) and (3) apply in relation to an individual regardless of the type of regulated role (if any) which the individual is or has been carrying out.

Consideration whether to list: court referrals

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consideration whether to list: vetting information etc.

12

(1) Ministers must consider listing an individual in the children's list if they are satisfied that—

(a) either—

(i) vetting information about the individual, or

(ii) information received when considering whether to list the individual in the adults' list,

indicates that it may be appropriate for the individual to be included in the children's list, and

(b) the individual does, has done or is likely to carry out a regulated role with children.

(2) Ministers must consider listing an individual in the adults' list if they are satisfied that—

(a) either—

(i) vetting information about the individual, or

(ii) information received when considering whether to list the individual in the children's list,

indicates that it may be appropriate for the individual to be included in the adults' list, and

(b) the individual does, has done or is likely to carry out a regulated role with adults.

Consideration whether to list: inquiries

13

(1) This section applies where—

(a) a relevant inquiry report names an individual who is or has been carrying out a regulated role, and

(b) it appears to Ministers from the report that the person who held the inquiry found that the referral ground was met at a time when the individual was carrying out a regulated role (whether that time was before or after this section comes into force).

(2) Where it appears to Ministers from the report that it may be appropriate for the individual to be included in the children's list, they may consider listing the individual in the children's list.

(3) Where it appears to Ministers from the report that it may be appropriate for the individual to be included in the adults' list, they may consider listing the individual in the adults' list.

(4) For the avoidance of doubt, subsections (2) and (3) apply in relation to an individual regardless of the type of regulated role which the individual was carrying out.

Inclusion in list

Automatic listing

14

(1) Ministers must list an individual in the children's list where it appears to them that any of the criteria specified for the purposes of this subsection is satisfied in relation to the individual.

(2) Ministers must list an individual in the adults' list where it appears to them that any of the criteria specified for the purposes of this subsection is satisfied in relation to the individual.

(3) It is for Ministers to specify by order criteria for the purposes of subsections (1) and (2).

(4) Criteria which may be so specified include—

(a) that an individual has been convicted of, or cautioned in relation to, an offence of a specified description, including offences under—

(i) the law of England, Wales, Northern Ireland, the Channel Islands or the Isle of Man,

(ii) section 70 of the Army Act 1955 (c. 18),

(iii) section 70 of the Air Force Act 1955 (c. 19),

(iv) section 42 of the Naval Discipline Act 1957 (c. 53),

(v) section 42 of the Armed Forces Act 2006 (c. 52),

(b) that an order of a specified description imposing requirements about an individual's conduct has been made.

Inclusion in children’s list after consideration

15

Ministers must list an individual in the children's list if, after considering whether to do so, they are satisfied by information relating to the individual's conduct that the individual is unsuitable to carry out regulated roles with children.

Inclusion in adults' list after consideration

16

Ministers must list an individual in the adults' list if, after considering whether to do so, they are satisfied by information relating to the individual's conduct that the individual is unsuitable to carry out regulated roles with adults.

Information relevant to listing decisions

17

(1) Ministers must, before making a decision under section 15 or 16—

(a) give the individual whom they are considering whether to list an opportunity to make representations as to why the individual should not be listed, and

(b) consider any such representations.

(2) Ministers may, when deciding whether to list an individual, also consider—

(a) any information which caused them to consider listing the individual,

(b) any information relating to the individual which they obtain—

(i) in pursuance of a requirement made under any of sections 18 to 20, or

(ii) by performing their functions in relation to the Scheme, and

(3) An individual who is given an opportunity to make representations under subsection (1) must be given the opportunity to make representations in relation to all of the information on which Ministers intend to rely in deciding whether to list the individual.

(4) The opportunity to make representations under subsection (1) does not include the opportunity to make representations that any relevant finding of fact was wrongly made.

(5) A relevant finding of fact is a finding of fact—

(a) made in legal proceedings,

(b) made in a relevant inquiry report (other than a report relating to an inquiry of the type mentioned in sub-paragraph (ii) of section 31(2)(a)),

(i) the General Pharmaceutical Council,

(ii) the General Chiropractic Council,

(iii) the General Dental Council,

(iv) the General Medical Council,

(v) the General Optical Council,

(vi) the General Osteopathic Council,

(vii) the General Teaching Council for Scotland,

(viii) the Health and Care Professions Council ,

(ix) the Nursing and Midwifery Council,

(x) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xi) the Scottish Social Services Council, ...

(xii) Social Care and Social Work Improvement Scotland, or

(d) made by any other person, or in any other circumstance, specified by order made by Ministers.

(6) Subsections (1) and (3) do not apply if Ministers do not know and cannot reasonably ascertain the individual's whereabouts.

Police information etc.

18

(1) Ministers may, for the purpose of enabling or assisting them to decide whether to list an individual, require the chief constable ... to provide them with any information relating to the individual which the chief constable ... thinks might be relevant in relation to the type of regulated role concerned.

(2) The chief constable must not provide information to Ministers under subsection (1) if the chief constable thinks that disclosing it to the individual to whom it relates would be contrary to the interests of the prevention or detection of crime.

(3) Ministers must pay the Scottish Police Authority such fee as Ministers think appropriate for information provided under subsection (1).

(4) Ministers may, for the purpose of enabling or assisting them to decide whether to list an individual, require—

(a) any person who holds records of convictions, cautions or other information for the use of police forces generally to provide them with any information relating to the individual which the record holder thinks might be relevant in relation to the type of regulated role concerned,

(b) any person who holds central records to provide them with the prescribed details of every relevant matter relating to the individual that is recorded in those records.

(5) In subsection (4)(b)—

“central records” has the meaning given in section 69 of the Disclosure (Scotland) Act 2020,

“relevant matter” means—a conviction that is not a non-disclosable conviction within the meaning of section 9 of the Disclosure (Scotland) Act 2020, a conviction that is not a non-disclosable children’s hearing outcome within the meaning of section 10 of that Act, a caution within the meaning given in section 69 of that Act that is not spent by virtue of schedule 3 of the Rehabilitation of Offenders Act 1974, anda prescribed civil court order.

Information held by public bodies etc.

19

(1) Ministers may, for the purpose of enabling or assisting Ministers to decide whether to list an individual, require—

(a) any person who holds vetting information of a type prescribed under section 49(1)(d) to provide them with any such vetting information relating to the individual,

(b) any of the persons set out in subsection (3) to provide them with any information held by the person which Ministers think might be relevant.

(2) Information provided under subsection (1)(b) may, in particular, be information which relates to—

(a) the regulated role concerned, or

(b) the protection of children or protected adults in general, or of any child or protected adult in particular.

(3) The persons who may be required to provide information under subsection (1)(b) are—

Councils

The General Teaching Council for Scotland

Health Boards and Special Health Boards

An integration joint board established by order under section 9 of the Public Bodies (Joint Working) (Scotland) Act 2014

Healthcare Improvement Scotland

His Majesty’s Chief Inspector of Education in Scotland

Her Majesty's Chief Inspector of Prisons for Scotland

The Registrar of Chiropractors

The registrar of dentists and dental care professionals

The registrar of the General Medical Council

The registrar of the General Optical Council

The Registrar of health professionals

The Registrar of Independent Schools in Scotland

The Registrar of nurses and midwives

The Registrar of Osteopaths

The registrar of pharmacists

The Scottish Social Services Council

Social Care and Social Work Improvement Scotland

Any other person specified in an order made by Ministers

Information held by regulated work providers

20

(1) Ministers may require a person falling within subsection (2) to provide them with any information held by the person which Ministers think might be relevant for the purpose of enabling or assisting them to decide whether to list an individual.

(2) A person falls within this subsection if—

(a) the individual is carrying out, or has carried out, a regulated role for the person,

(b) the individual has been offered a regulated role by the person (whether or not the individual subsequently carried out the role),

(c) it is an employment agency which has offered or supplied, or made arrangements with a view to offering or supplying, the individual to another person for a regulated role (whether or not the arrangements are still in place), or

(d) it is an employment business which employs or has employed the individual to carry out a regulated role for another person.

(3) A person who fails, without reasonable excuse, to comply with a requirement made under subsection (1) is guilty of an offence and liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.

Appeals against listing

Appeals against inclusion in children’s list

21

(1) An individual listed under section 15 may appeal to the sheriff against Ministers' decision to list the individual in the children's list.

(2) Such an appeal must be lodged—

(a) within 3 months of the date on which the individual was listed, or

(b) by such later date as the sheriff may, on cause shown, allow.

(3) The sheriff must determine an appeal under subsection (1)—

(a) where the sheriff is satisfied by information relating to the individual's conduct that the individual is unsuitable to carry out regulated roles with children, by confirming Ministers' decision to list the individual in the children's list, or

(b) where the sheriff is not so satisfied, by directing Ministers to remove the individual from the children's list.

Appeals against inclusion in adults' list

22

(1) An individual listed under section 16 may appeal to the sheriff against Ministers' decision to list the individual in the adults' list.

(2) Such an appeal must be lodged—

(a) within 3 months of the date on which the individual was listed, or

(b) by such later date as the sheriff may, on cause shown, allow.

(3) The sheriff must determine an appeal under subsection (1)—

(a) where the sheriff is satisfied by information relating to the individual's conduct that the individual is unsuitable to carry out regulated roles with adults, by confirming Ministers' decision to list the individual in the adults' list, or

(b) where the sheriff is not so satisfied, by directing Ministers to remove the individual from the adults' list.

Further appeals in relation to inclusion in either list

23

(1) The sheriff's determination under section 21 or 22 may be appealed to the sheriff principal by—

(a) the individual, or

(b) Ministers.

(2) The sheriff principal's determination of an appeal under subsection (1) may, with the leave of the sheriff principal, be appealed to the Inner House of the Court of Session on a point of law by—

(a) the individual, or

(b) Ministers.

(3) The decision of—

(a) the sheriff principal, or

(b) if leave is granted to appeal to the Inner House, that House,

on any appeal is final.

Appeals in relation to listing: supplementary

24

(1) No finding of fact on which any conviction is based may be challenged on an appeal under section 21, 22 or 23.

(2) Any court proceedings under section 21, 22 or 23 may take place in private if the court considers it appropriate in all the circumstances.

Removal from list

Application for removal from list

25

(1) A listed individual may apply to Ministers for removal from—

(a) the children's list, or

(b) the adults' list.

(2) References in this section to “the list” are to be read as references to the list from which the individual has applied for removal.

(3) An application for removal from the list is competent only if—

(a) it is made after the end of such period as may be prescribed (beginning on such date as may be prescribed), or

(b) Ministers are satisfied that there has been a relevant change in the applicant's circumstances since the applicant—

(i) was listed, or

(ii) last made an application for removal from the list under this section.

(4) A period may not be prescribed under subsection (3)(a) in relation to a particular individual.

(4A) For the purposes of subsection (3)(b), a change in the applicant's circumstances is relevant if it is relevant to the question whether the applicant is no longer unsuitable to carry out regulated roles with children or, as the case may be, regulated roles with adults.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Determination of application for removal from list

26

(1) Ministers must determine a competent application for removal from the children's list—

(a) where they are satisfied that the applicant is no longer unsuitable to carry out regulated roles with children, by removing the individual from the list, or

(b) where they are not so satisfied, by refusing the application.

(2) Ministers must determine a competent application for removal from the adults' list—

(a) where they are satisfied that the applicant is no longer unsuitable to carry out regulated roles with adults, by removing the individual from the list, or

(b) where they are not so satisfied, by refusing the application.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeals against refusal to remove individual from list

27

(1) An individual may appeal to the sheriff against Ministers' decision to refuse an application for removal from the list under section 26.

(2) The sheriff must determine an appeal under subsection (1) in relation to removal from the children's list—

(a) where the sheriff is satisfied that the applicant is no longer unsuitable to carry out regulated roles with children, by directing Ministers to remove the individual from the list, or

(b) where the sheriff is not so satisfied, by refusing the application.

(3) The sheriff must determine an appeal under subsection (1) in relation to removal from the adults' list—

(a) where the sheriff is satisfied that the applicant is no longer unsuitable to carry out regulated roles with adults, by directing Ministers to remove the individual from the list, or

(b) where the sheriff is not so satisfied, by refusing the application.

(4) The sheriff's determination may be appealed to the sheriff principal by—

(a) the individual, or

(b) Ministers.

(5) The sheriff principal's determination of an appeal under subsection (4) may, with the leave of the sheriff principal, be appealed to the Inner House of the Court of Session on a point of law by—

(a) the individual, or

(b) Ministers.

(6) The Inner House may, in determining an appeal under subsection (5), by order modify the period prescribed for the purposes of section 25(3) in so far as that period is to apply to any further application by the individual concerned for removal from the children's list or, as the case may be, the adults' list.

(7) The decision of—

(a) the sheriff principal, or

(b) if leave is granted to appeal to the Inner House, that House,

on any appeal is final.

(8) Any court proceedings under this section may take place in private if the court considers it appropriate in all the circumstances.

Late representations

28

(1) This section applies where an individual listed under section 15 or 16—

(a) was not, because of section 17(6), given an opportunity to make representations as to why the individual should not be listed, and

(b) subsequently makes representations to Ministers as to why the individual should not have been listed.

(1A) This section also applies where an individual listed under section 15 or 16 (other than one mentioned in subsection (1))—

(a) seeks to make representations to Ministers as to why the individual should not have been listed, and

(b) Ministers consider that it is appropriate in all the circumstances to allow the representations to be made.

(2) Where this section applies, Ministers must—

(a) consider the individual's representations, and

(b) if satisfied that the individual should not have been listed, remove the individual from the list.

Removal from list

29

(1) Ministers—

(a) must remove an individual from the children's list or adults' list—

(i) if directed to do so by the court, or

(ii) where section 26 or 28 requires them to do so, and

(b) may, at any other time, remove an individual from the children's list or adults' list if.

(i) they are satisfied that the individual should not have been listed, or

(ii) they are otherwise satisfied that the individual is no longer unsuitable to carry out regulated roles with children or, as the case may be, regulated roles with adults.

(2) Where Ministers appeal against a direction to remove an individual from the children's list or adults' list, the duty imposed by subsection (1)(a) does not apply until that appeal is finally determined.

Listing: supplementary

Notice of listing etc.

30

(1) Subsection (2) applies where—

(a) an individual has been listed under section 14, 15 or 16,

(b) Ministers become aware that an individual has otherwise been barred from regulated roles with children or adults, or

(2) Where this subsection applies, Ministers must notify the persons specified in subsection (3) of the fact—

(a) that the individual has been barred from regulated roles with children or adults, or, as the case may be

(b) that they are considering whether to list the individual.

(3) Those persons are—

(a) the individual concerned,

(b) where—

(i) the individual has been barred from regulated roles with children, or

(ii) Ministers are considering whether to list the individual in the children's list,

any organisation for which they know the individual is carrying out a regulated role with children, and any personnel supplier whom they know has offered or supplied the scheme member to carry out a regulated role with children,

(i) the individual has been barred from regulated roles with adults, or

(ii) Ministers are considering whether to list the individual in the adults' list,

any organisation for which they know the individual is carrying out a regulated role with adults, and any personnel supplier whom they know has offered or supplied the scheme member to carry out a regulated role with adults, and

(d) any relevant regulatory body whom Ministers think it would be appropriate to notify of that fact.

(3A) Subsection (3B) applies where—

(a) Ministers are considering whether to list an individual by virtue of sections 10 to 13 or section 45B(7), and

(b) they know that the individual is carrying out a regulated role with children or, as the case may be, a regulated role with adults for a person other than an organisation.

(3B) Where this subsection applies, Ministers may notify the person—

(a) that they are considering whether to list the individual in the children's list or, as the case may be, in the adults' list, and

(b) of the details of any conditions that Ministers have imposed under section 13A(1) or, if no such conditions have been imposed, of that fact.”.

(3C) After considering whether to list an individual as mentioned in subsection (3A)(a), Ministers may notify their decision (whether to list the individual or not to do so) to any person other than an organisation for whom they know the individual is carrying out a regulated role with children or, as the case may be, a regulated role with adults.

(4) Where, after considering whether to list an individual, Ministers decide not to do so, they must give notice of that fact to—

(a) the individual,

(b) where Ministers have decided not to include the individual in the children's list, any organisation for which they know the individual is carrying out a regulated role with children and any personnel supplier whom they know has offered or supplied the scheme member to carry out a regulated role with children,

(c) where Ministers have decided not to include the individual in the adults' list, any organisation for which they know the individual is carrying out a regulated role with adults and any personnel supplier whom they know has offered or supplied the scheme member to carry out a regulated role with adults, and

(d) any relevant regulatory body to whom Ministers gave notice under subsection (2) of the fact that they were considering whether to list the individual.

(5) A notice given under subsection (2) , (3B), (3C) or (4) may include—

(a) such details as Ministers think appropriate—

(i) where the individual has been barred (by being listed or otherwise), about the circumstances in which the individual was barred,

(ii) where they have decided not to list an individual, about the circumstances in which the individual was considered for listing, and

(b) any other information about the individual which Ministers think appropriate.

(6) Where Ministers remove an individual from a list under section 29, they must give notice of that fact to—

(a) the individual, and

(b) any relevant regulatory body whom they think it would be appropriate to notify of that fact (having regard to the period for which the individual has been listed).

(7) The following persons are “relevant regulatory bodies”—

The General Teaching Council for Scotland

Healthcare Improvement Scotland

The Scottish Social Services Council

Social Care and Social Work Improvement Scotland

Any other person specified in an order made by Ministers

(8) A notice which this section requires to be given to an individual may be given—

(a) by delivering it to the individual,

(b) by leaving it at the individual's usual or last known place of abode, or

Relevant inquiries

31

(1) This section applies for the purposes of section 13 and 17.

(2) A relevant inquiry is any of the following—

(a) an inquiry held—

(i) by Ministers,

(ii) by the Scottish Parliament (including an inquiry held by a committee or sub-committee of the Parliament),

(b) an inquiry held under the Inquiries Act 2005 (c. 12),

(3) “Relevant inquiry report” means the report by the person who held the relevant inquiry.

Relevant offences etc.

32

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Subsection (4) applies to an individual if—

(a) the individual is charged with an offence,

(b) either—

(i) the individual is acquitted of the charge by reason of the special defence set out in section 51A of the 1995 Act , or

(ii) the court makes a finding under section 55(2) of the 1995 Act in respect of the individual, and

(c) the court makes any order mentioned in section 57(2)(a) to (d) of the 1995 Act in relation to the acquittal or finding.

(4) An individual to whom this subsection applies is to be treated, for the purposes of sections ... 17 and 24, as having been convicted of the offence.

Duty to notify certain changes

33

(1) An individual who is listed, or whom Ministers are considering whether to list, must give Ministers notice of—

(a) a change in the individual's name or address,

(b) the issue of a full gender recognition certificate to the individual under section 4 of the Gender Recognition Act 2004 (c. 7), or

(2) A notice under subsection (1) must be given within 1 month of the date of the change or issue of the certificate to which it relates.

(3) An individual who fails, without reasonable excuse, to comply with subsection (1) commits an offence.

(4) An individual guilty of an offence under subsection (3) is liable on summary conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding level 5 on the standard scale, or to both.

Offences relating to regulated roles

Barred individuals not to do regulated work

34

(1) It is an offence for an individual to carry out, or to seek or agree to carry out, any regulated role from which the individual is barred.

(2) It is a defence for an individual charged with an offence under subsection (1) to prove that the individual did not know, and could not reasonably be expected to have known—

(a) that the individual was barred from that regulated role, or

(b) that the role concerned was a regulated role.

Organisations not to use barred individuals for regulated work

35

(1) It is an offence for an organisation to offer a regulated role to an individual barred from that role.

(2) Ministers may, by regulations, prohibit an organisation from permitting an individual to carry out, or require an organisation to remove an individual from, a regulated role from which the individual is barred.

(3) Regulations may in particular—

(a) impose prohibitions or requirements—

(i) in relation to particular types of organisations only,

(ii) in relation to particular kinds of regulated roles only, or

(b) otherwise limit the purpose for which the prohibition or requirement is to apply (or the area in which it is to apply) in such manner as Ministers think appropriate.

(4) An organisation which fails to comply with regulations made under subsection (2) commits an offence.

(5) An organisation commits an offence under subsection (1) if it offers a regulated role to a barred individual who is already working for the organisation.

(6) It is a defence for an organisation charged with an offence under subsection (1) or (4) to prove that it did not know, and could not reasonably be expected to have known, that the individual was barred from that regulated role.

(7) For the purposes of subsection (1), an organisation is not to be treated as having offered a regulated role to an individual if the offer is subject to the organisation being satisfied (by virtue of information disclosed under Part 2 or otherwise) that the individual is suitable to carry out that role.

Personnel suppliers not to supply barred individuals for regulated work

36

(1) A personnel supplier commits an offence if it—

(a) offers or supplies an individual who is barred from regulated roles to an organisation, and

(b) knows or has reason to believe that the organisation will make arrangements for the individual to carry out a regulated role from which the individual is barred.

(2) It is a defence for a personnel supplier charged with an offence under subsection (1) to prove that it did not know, and could not reasonably be expected to have known, that the individual was barred from the regulated role.

Penalties for offences relating to regulated work

37

A person guilty of an offence under section 34, 35 or 36 is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both,

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine, or to both.

General and supplementary

Police access to lists

38

(1) Ministers must make available to the chief constable—

(a) the name of each individual included in the children's list,

(b) the name of each individual included in the adults' list, and

(c) any other information contained in those lists which Ministers consider should be disclosed for any purpose mentioned in subsection (2).

(2) Information disclosed under subsection (1) may be used by constables of the Police Service of Scotland only for the law enforcement purposes within the meaning of section 31 of the Data Protection Act 2018.

Restrictions on listing in children’s list

39

(1) Ministers need not list an individual (nor consider an individual for listing) in the children's list if the individual is already barred from regulated roles with children ...

(2) Ministers need not consider an individual for listing in the children's list if—

(a) they consider that it would be more appropriate for the individual's case to be dealt with by the Disclosure and Barring Service (“DBS”), or

(b) subsection (3) applies.

(3) This subsection applies where—

(a) the individual’s case has been dealt with in pursuance of relevant corresponding legislation, and

(b) Ministers are satisfied that all information relating to the individual which they consider relevant to their decision whether to consider to list the individual was considered before, or when, the individual’s case was last dealt with in pursuance of the relevant corresponding legislation .

(4) Where—

(a) in pursuance of subsection (2)(a), Ministers do not consider an individual for listing in the children's list, and

(b) DBS deals with the individual's case,

section 30 applies (with any necessary modifications) as if Ministers are considering to list the individual in the children's list.

(5) Ministers need not list an individual in the children's list under section 14 if they consider that it would be more appropriate for the individual’s case to be dealt with by DBS—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Where—

(a) in pursuance of subsection (5), Ministers do not list an individual in the children’s list under section 14, and

(b) DBS 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) ,

(d) the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003,

(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,

(g) the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007.

Restrictions on listing in adults' list

40

(1) Ministers need not list an individual (nor consider an individual for listing) in the adults' list if the individual is already barred from regulated roles with adults ...

(2) Ministers need not consider an individual for listing in the adults' list if—

(a) they consider that it would be more appropriate for the individual's case to be dealt with by the Disclosure and Barring Service (“DBS”), or

(b) subsection (3) applies.

(3) This subsection applies where—

(a) the individual’s case has been dealt with in pursuance of relevant corresponding legislation, and

(b) Ministers are satisfied that all information relating to the individual which they consider relevant to their decision whether to consider to list the individual was considered before, or when, the individual’s case was last dealt with in pursuance of the relevant corresponding legislation.

(4) Where—

(a) in pursuance of subsection (2)(a), Ministers do not consider an individual for listing in the adults' list, and

(b) DBS deals with the individual's case,

section 30 applies (with any necessary modifications) as if Ministers are considering to list the individual in the adults' list.

(5) Ministers need not list an individual in the adults' list under section 14 if they consider that it would be more appropriate for the individual’s case to be dealt with by DBS.

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Where—

(a) in pursuance of subsection (5), Ministers do not list an individual in the adults’ list under section 14, and

(b) DBS 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),

(b) the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003,

(d) the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007.

Protection from actions for damages

41

(1) No proceedings are competent in respect of any loss or damage incurred by any person because of—

(a) the fact that an individual is or is not listed,

(b) the fact that Ministers have or have not considered whether to list an individual,

(c) the provision of information in pursuance of any of sections 3 to 8 and 18 to 20 (or of any other power or duty to provide information to Ministers in relation to their functions under this Part).

(2) Subsection (1)(c) does not apply if the provider of the information—

(a) knew, or was reckless as to whether, it was untrue or misleading in a material respect, and

(b) provided it—

(i) in purported compliance with any of sections 3 to 8 and 18 to 20(or of any other power or duty to provide information to Ministers in relation to their functions under this Part), or

(ii) in other circumstances in which the provider knew, or could reasonably be expected to have known, that it would be used by Ministers, or provided to them for use, in connection with the performance of their functions under this Part.

Power to regulate procedure etc.

42

(1) Ministers may, by regulations, make further provision about—

(a) the information about listed individuals which is to be included in the children's list and adults' list,

(b) the maintenance of those lists, and

(c) the procedure which is to be followed in relation to any decision which Ministers are authorised or required to take under this Part.

(2) The regulations may, in particular, make provision in relation to the time within which anything has to be done.

Transfer from 2003 Act list

43

(1) Ministers must list in the children's list each individual who was included (otherwise than provisionally) in the list kept under section 1 of the Protection of Children (Scotland) Act 2003 (asp 5) (“the 2003 Act”) immediately before that section was repealed.

(2) Ministers must give notice of listing under subsection (1) to each individual listed under that subsection.

(3) An individual who is listed under subsection (1) is to be treated for the purposes of this Act as having been so listed—

(a) under the provision of this Part which most closely corresponds to the provision in the 2003 Act under which the individual was included in the list kept under section 1 of that Act, and

(b) on the day on which the individual was included in the list kept under section 1 of the 2003 Act.

(4) The provisions of this Part are accordingly to apply in relation to such an individual with any necessary modifications.

(5) Section 29(1)(b) is not to be read as requiring or authorising Ministers to remove such an individual from the children's list where it appears to them that the individual—

(a) would not have been listed under the provision of this Part which most closely corresponds to the provision in the 2003 Act under which the individual was included in the list kept under section 1 of the 2003 Act, but

(b) should have been included in the list kept under the 2003 Act under the provision of that Act which corresponds most closely with the provision of this Part under which the individual is to be treated as having been listed.

(6) A notice required by subsection (2) may be given—

(a) by delivering it to the listed individual,

(b) by leaving it at the listed individual's usual or last known place of abode, or

Part 2 — Vetting and disclosure

The Scheme

44

Ministers are to administer a scheme (“the Scheme”) under which information about individuals who carry out, or wish to carry out, regulated roles with children or protected adults is—

(a) collated, and

(b) disclosed,

in accordance with this Part.

Participation in Scheme

45

(1) An individual aged 16 or over may apply to Ministers—

(a) to join the Scheme and become a member of the Scheme (a “scheme member”), or

(b) if the individual is an existing scheme member, to renew that membership.

(2) An individual may participate in the Scheme in relation to—

(a) regulated roles with children,

(b) regulated roles with adults, or

(3) Ministers must allow an individual to participate in the Scheme in relation to a type of regulated role if the individual is—

(a) not barred from that type of regulated role, and

(b) aged 16 or over.

Statement of scheme membership

46

(1) Ministers must provide a confirmation of scheme membership to each scheme member.

(2) A confirmation of scheme membership is a document which—

(a) specifies the type of regulated role in relation to which the scheme member participates in the Scheme,

(b) confirms that the scheme member is not barred from that type of role,

(i) states that fact, and

(ii) sets out details of any conditions that Ministers have imposed under section 13A(1) or, if no such conditions have been imposed, states that fact, and

(d) contains such other information about the scheme member as may be prescribed.

(3) Ministers need not comply with subsection (1) where, at the same time as the individual applies to join the scheme, the individual makes an application under section 11 of the Disclosure (Scotland) Act 2020 for a Level 2 disclosure where section 17 of that Act applies.

Vetting information

Enquiries about scheme members

47

(1) Ministers must, after making enquiries for the purpose of discovering whether any vetting information exists in relation to a new scheme member, create a scheme record for the member.

(2) Ministers must make arrangements for the purpose of discovering whether any new vetting information arises in relation to scheme members while those members participate in the Scheme.

(3) Ministers must update a scheme record if they discover any new vetting information about the scheme member to whom it relates.

(4) Vetting information is new if Ministers did not discover it as a result of earlier enquiries made in pursuance of subsection (1) or (2) in relation to the scheme member concerned (regardless of whether it existed when they made those earlier enquiries).

Scheme record

48

A scheme record is a document comprising—

(a) the information to be contained in a confirmation of scheme membership under section 46(2), and

(b) vetting information about the scheme member which Ministers discover as a result of enquiries or arrangements made under section 47.

Vetting information

49

(1) Vetting information, in relation to a scheme member, is—

(a) the prescribed details of every relevant matter relating to the scheme member that is recorded in central records,

(b) if the scheme member is subject to notification requirements under Part 2 of the Sexual Offences Act 2003 (c. 42), information about those requirements,

(i) the chief officer of a relevant police force reasonably believes to be relevant in relation to the type of regulated role in relation to which the scheme member participates in the Scheme, and

(ii) in the chief officer’s opinion, ought to be included in the scheme member’s scheme record, and

(d) such other information as may be prescribed.

(1A) For the avoidance of doubt, information such as is mentioned in subsection (1)(c) may include information with respect to relevant behaviour (within the meaning of section 5(1)(a) of the Age of Criminal Responsibility (Scotland) Act 2019).

(1B) Section 33 of the Disclosure (Scotland) Act 2020 (Level 2 disclosure: considering relevance and whether to include certain information) applies for the purposes of subsection (1)(c) of this section as it applies for the purposes of the sections mentioned in subsection (1) of that section, but as if—

(a) references to a person considering whether a conviction, children's hearing outcome or other information is relevant for the purpose of a Level 2 disclosure were references to the chief constable considering whether information is relevant to the type of regulated role in relation to which the scheme member participates in the Scheme,

(b) references to a person considering whether a conviction, children's hearing outcome or other information ought to be included in a Level 2 disclosure were references to the chief constable considering whether information ought to be included in the scheme member's scheme record,

(d) references to other information were references to information mentioned in subsection (1)(c) of this section.

(2) Regulations prescribing information for the purposes of subsection (1)(d) may require persons holding information of the type prescribed to disclose it to Ministers for the purposes of this Act.

(3) In subsection (1)(a), “central records” and “relevant matter” have the same meanings as in section 18(5).

Duty to notify certain changes

50

(1) A scheme member must give Ministers notice of—

(a) a change in the member's name,

(b) the issue of a full gender recognition certificate to the member under section 4 of the Gender Recognition Act 2004 (c. 7), or

(2) A notice under subsection (1) must be given within 3 months of the date of the change or issue of the certificate to which it relates.

(3) An individual who fails, without reasonable excuse, to comply with subsection (1) commits an offence.

(4) An individual guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Correction of inaccurate scheme record

51

(1) Ministers must correct a scheme record if they are satisfied (following a request by a scheme member for correction, notification under section 50 or a review under section 21 of the Disclosure (Scotland) Act 2020, or otherwise) that any information included in it is inaccurate.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disclosure

Disclosure of scheme records

52

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disclosure of short scheme records

53

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disclosure of scheme membership

54

(1) Where—

(a) a scheme member requests that Ministers make a confirmation of scheme membership available to such other person (a “third party”) as the member specifies in the request, and

(b) the conditions in subsection (2) are satisfied,

Ministers must comply with the request.

(2) The conditions are that—

(a) the request includes a statement referred to in subsection (3),

(b) the request specifies the type of regulated role in relation to which it is made, and

(3) The statement is a statement by the scheme member that the confirmation of scheme membership is requested for the purpose of enabling or assisting the third party (or any other person for whom the third party acts) to consider the member's suitability to carry out, or to be offered or supplied for, the type of regulated role in relation to which the member participates in the Scheme.

Disclosure conditions

55

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Crown work

56

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disclosure restrictions

57

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Removal from scheme

58

(1) Ministers must remove a scheme member from the Scheme in relation to a type of regulated role if they—

(a) bar the member from carrying out that type of role by listing the member, or

(b) become aware that the member has otherwise been barred from that type of regulated role.

(2) Ministers may remove from the Scheme any scheme member who fails to pay any fee for participation in the Scheme which is prescribed under section 70.

Withdrawal from scheme

59

Ministers must remove a scheme member from the Scheme in relation to a type of regulated role if—

(a) the scheme member applies to be so removed, and

(b) they are satisfied that the scheme member is not carrying out that type of regulated role.

Notice of removal

60

(1) Ministers must give notice confirming that they have removed an individual from the Scheme under section 58 or 59 to—

(a) the individual, and

(b) any other person whom they think fit.

(2) A notice under subsection (1) must—

(a) state the type of regulated role in relation to which the individual has been removed, and

(b) say why the individual has been removed.

(2A) Where Ministers decide under section 59A(1) not to continue to consider whether to list the individual a notice under subsection (1) must also give notice of that fact.

(3) A notice under subsection (1)(b) need not comply with subsection (2)(b) if Ministers think that it would be inappropriate for the recipient to be informed of the reason for removal.

Retention of scheme records after removal

61

(1) Ministers may keep the scheme record of an individual removed from the Scheme and may continue to use that record for the purposes of enabling or assisting them to perform their functions under this Act.

(2) Subsection (1) does not—

(a) entitle Ministers to continue to make enquires in relation to the individual in pursuance of section 47(2), or

(b) require Ministers to otherwise ensure that the retained scheme record is updated.

(3) Where Ministers decide under section 59A(1) not to continue to consider whether to list an individual, Ministers may keep any information received by them when considering whether to list the individual for the purposes of enabling or assisting them to perform their functions under this Act.

Evidence of identity

62

(1) An individual making—

(a) an application to join, or to be removed from, the Scheme,

(b) a request to correct a scheme record, or

must provide Ministers with such evidence of identity as they may require.

(2) Ministers need not consider such an application or request if—

(a) the individual fails to comply with a requirement under this section or section 63, or

(b) the evidence provided does not satisfy them as to the individual's identity.

Power to use fingerprints to check applicant’s identity

63

(1) Ministers may require an applicant to join the Scheme, or a scheme member, to have fingerprints taken in such manner, and at such place, as may be prescribed for the purposes of enabling or assisting Ministers to satisfy themselves as to the identity of the applicant or, as the case may be, scheme member.

(2) But Ministers may require an individual to have fingerprints taken under subsection (1) only if they are not satisfied by other evidence provided under section 62(1) as to the individual's identity.

(3) Ministers must arrange the destruction of any such fingerprints as soon as reasonably practicable after they have been used for the purposes mentioned in subsection (1).

(4) Any person who holds records of fingerprints for the use of police forces generally must make those records available to Ministers for the purposes of this section.

(5) This section does not affect the generality of section 62 in relation to any other type of evidence of identity.

Power to use personal data to check applicant’s identity

64

(1) Ministers may use information given to them by personal data holders to check evidence of identity given to them for the purposes of section 62.

(2) Personal data holders are—

The Identity and Passport Service

The Driver and Vehicle Licensing Agency

Ministers of the Crown in connection with keeping of records of national insurance numbers

Such other persons holding data about individuals as may be prescribed

Offences relating to confirmation of scheme membership

Falsification of scheme records etc.

65

(1) It is an offence for a person, with intent to deceive, to—

(a) make a document which purports to be a confirmation of scheme membership made available under section 54,

(b) alter such a confirmation,

(c) use, or allow another person to use, such a confirmation in a way which suggests that it relates to an individual other than the scheme member in respect of whom it was made available.

(2) It is an offence for a person to knowingly make a false or misleading declaration or other statement for the purposes of—

(a) obtaining, or enabling another person to obtain, a confirmation of scheme membership under section 54, or

(b) satisfying Ministers that an individual who is carrying out a regulated role is not doing so.

Unlawful disclosure of scheme records etc.

66

(1) A person to whom a confirmation of scheme membership is made available under section 54 commits an offence if the person discloses it to any other person.

(2) A person does not commit an offence under subsection (1) by disclosing the confirmation of scheme membership—

(a) to any of the person's employees,

(b) where the person is not an individual, to any member or officer of the person, or

(c) where the confirmation of scheme membership was made available for the purpose of enabling or assisting another person to consider a scheme member's suitability to carry out, or to be offered or supplied for, a regulated role—

(i) to that other person,

(ii) to any of that other person's employees, or

(iii) where that other person is not an individual, to any member or officer of that other person.

(3) An individual to whom a confirmation of scheme membership is disclosed lawfully by virtue of subsection (2)(a) or (b) or (4)(a) commits an offence if the individual discloses it to any other person.

(4) An individual does not commit an offence under subsection (3) by disclosing the confirmation of scheme membership, in the course of the individual's duties—

(a) to any other individual who is a member, officer or employee of the person to whom the confirmation of scheme membership was made available under section 54, or

(b) where the confirmation of scheme membership was made available for the purpose of enabling or assisting another person to consider a scheme member's suitability to carry out, or to be offered or supplied for, a regulated role—

(i) to that other person,

(ii) to any of that other person's employees, or

(iii) where that other person is not an individual, to any member or officer of that other person.

(5) A person to whom a confirmation of scheme membership made available under section 54 is disclosed lawfully by virtue of subsection (2)(c)(i) or (4)(b)(i) commits an offence if the person discloses it to any other person.

(6) A person does not commit an offence under subsection (5) by disclosing the confirmation of scheme membership—

(a) to any of the person's employees, or

(b) where the person is not an individual, to any member or officer of the person.

(7) An individual to whom a confirmation of scheme membership made available under section 54 is disclosed lawfully by virtue of subsection (2)(c)(ii) or (iii), (4)(b)(ii) or (iii) or (6) commits an offence if the person discloses it to any other person.

(8) An individual does not commit an offence under subsection (7) by disclosing the confirmation of scheme membership, in the course of the individual's duties, to any other individual who is a member, officer or employee of the person for whose purposes the confirmation of scheme membership was made available under section 54.

(9) A person to whom a confirmation of scheme membership made available under section 54 is disclosed unlawfully commits an offence if the person discloses it to any other person.

Unlawful requests for scheme records etc.

67

(1) It is an offence to request provision of, or to otherwise seek sight of, a confirmation of scheme membership under section 54 for a purpose other than the permitted purpose.

(2) It is an offence to use a confirmation of scheme membership made available under section 54 for a purpose other than the permitted purpose.

(3) The permitted purpose is to enable or assist a person (“Z”) to consider the suitability of the individual to whom the confirmation of scheme membership relates—

(a) to carry out, or to be offered or supplied for, the type of regulated role to which the confirmation of scheme membership relates,

(b) to carry out that type of regulated role in prescribed circumstances for any person other than Z in pursuance of arrangements under which services are provided to Z.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Unlawful disclosure etc.: supplementary

68

(1) Nothing in section 66 prevents disclosure of a confirmation of scheme membership made available under section 54—

(a) by the scheme member to whom the confirmation of scheme membership relates,

(b) by any other person with the consent of the scheme member to whom the confirmation of scheme membership relates,

(d) to a person appointed to any office by virtue of any enactment,

(e) in accordance with any obligation to provide information imposed by virtue of any enactment,

(f) for the purposes of answering a prescribed type of exempted question, or

(g) for some other prescribed purpose.

(2) Nothing in subsections (2), (4), (6) or (8) of section 66 makes lawful any disclosure of a confirmation of scheme membership made available under section 54 otherwise than for the purpose of enabling or assisting the person in relation to whom the confirmation of scheme membership was made available under section 54 to consider the suitability of the scheme member concerned to carry out, or to be offered or supplied for, the type of regulated role concerned.

(3) Nothing in section 67 prevents use of a confirmation of scheme membership made available under section 54 for a purpose other than the permitted purpose—

(a) by the scheme member to whom the confirmation of scheme membership relates,

(b) by any other person with the consent of the scheme member to whom the confirmation of scheme membership relates,

(d) by a person appointed to any office by virtue of any enactment,

(e) in accordance with any obligation to provide information imposed by virtue of any enactment,

(f) in order to answer a prescribed type of exempted question, or

(g) in any other prescribed circumstances.

(4) In sections 66 and 67(2) and in this section, references to a confirmation of scheme membership include references to any information contained in a confirmation of scheme membership.

(5) “Exempted question”, where used in subsections (1)(f) and (3)(f), means a question in relation to which section 4(2)(a) or (b) of the Rehabilitation of Offenders Act 1974 (c. 53) has been excluded by order made under section 4(4) of that Act.

Penalties for offences relating to vetting information

69

A person guilty of an offence under section 65, 66 or 67 is liable on summary conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding level 5 on the standard scale, or to both.

Fees, forms and other procedures

Fees

70

(1) Ministers may charge such fee as may be prescribed—

(a) in respect of applications to join, or to be removed from, the Scheme or to renew membership of the Scheme,

(b) in respect of requests for confirmations of scheme membership under section 54, and

(2) Regulations may, in particular, provide for—

(a) different fees in different circumstances,

(b) annual or other recurring fees in respect of participation in the Scheme,

(d) the manner in which fees are to be paid.

(3) Before prescribing fees under this section, Ministers must have regard to—

(a) the circumstances in which those fees are payable, and

(b) the desirability of maintaining an appropriate balance among—

(i) the quality of the performance of their vetting, barring and disclosure functions,

(ii) the cost of that performance, and

(iii) the fees paid to them in respect of that performance.

(4) Where regulations provide for a fee to be charged in respect of—

(a) an application to join, or to be removed from, the Scheme or to renew membership of the Scheme,, or

(b) a request for confirmation of scheme membership under section 54,

Ministers need not consider the application or request unless the fee is paid in the manner provided for in the regulations.

Forms

71

(1) It is for Ministers to determine the form and manner in which—

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