Protection of Vulnerable Groups (Scotland) Act 2007

[^key-de61ad69d67b89978cec68992b456b73]: S. 44 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 4)

[^key-df2ebda02990af8501b6e90502090597]: Words in s. 97(1) inserted (31.3.2015) by The Post-16 Education (Scotland) Act 2013 (Modification of Legislation) Order 2015 (S.S.I. 2015/153), art. 1, Sch. para. 4

[^key-df8b870ccbfdfe4b8b9964b26fb87917]: Words in s. 18(5) inserted (1.4.2025) by The Disclosure (Scotland) Act 2020 (Incidental, Supplementary and Consequential Provision) Regulations 2025 (S.S.I. 2025/74), reg. 1(1), sch. 1 para. 2(2)(b); S.S.I. 2025/27, reg. 3, sch.

[^key-dfa678d0088afad25277fd29879abe98]: S. 65 title substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(36)(c) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

[^key-dfbc9bd16bc850ea0efee22fa24e95a0]: Words in s. 40(3)(b) substituted (18.4.2010 for specified purposes, coming into force in accordance with art. 1(2)) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010 (S.S.I. 2010/446), arts. 1(2), 8(4)(b)

[^key-dfd3e73f7a7174c11e3798928ac45a9f]: S. 34 cross-heading substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(21) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

[^key-e0846770f87d71e3594eeaed118e4719]: Words in s. 65(1)(c) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(36)(a)(ii) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

[^key-e1978b73ae4e1f93cce78472b8f41fc2]: S. 67(4) repealed (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(38)(d) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

[^key-e26e3c2d791bd7bbb7d32ecaccd09295]: S. 37 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

[^key-e31087909ff890ae4692d0e65566bf39]: Words in sch. 2 para. 24 substituted (1.4.2025) by The Regulated Roles with Children and Adults (Scotland) Amendment Regulations 2025 (S.S.I. 2025/76), regs. 1(1), 2(10)(b) (S.S.I. 2025/27, reg. 3(1)(2), sch.

[^key-e35665af8ab6e1289bda1f766ab6dcc0]: Sch. 4 para. 33 in force at 11.1.2008 by S.S.I. 2007/564, art. 2, Sch.

[^key-e40b3d1a153721ad4522ff4db7aa30d4]: Words in s. 96(1)(a) repealed (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 12(9)(a) (with s. 96); S.S.I. 2021/380, reg. 2, sch.

[^key-e4583633bd683eff9d2b236efb171884]: Words in s. 35(1) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(23)(a) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

[^key-e50ebe53ffa144914c3f3cc562c6f2b2]: Sch. 4 para. 1 repealed (2.4.2012) by The Public Services Reform (General Teaching Council for Scotland) Order 2011 (S.S.I. 2011/215), art. 2, Sch. 7

[^key-e51654e02a992967b2883c312c78d406]: Word in s. 17(5)(c) repealed (1.10.2010 for specified purposes) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 29(b); S.S.I. 2010/321, art. 3, Sch.

[^key-e59ffe5486249c9c1bc001ed827fd01a]: Word in sch. 2 para. 20 inserted (1.4.2025) by The Regulated Roles with Children and Adults (Scotland) Amendment Regulations 2025 (S.S.I. 2025/76), regs. 1(1), 2(8); S.S.I. 2025/27, reg. 3(1)(2), sch.

[^key-e5cdae860914809bb7384caa88f18a64]: Sch. 4 para. 27 in force at 28.2.2011 in so far as not already in force by S.S.I. 2011/157, art. 2(a) (with art. 3)

[^key-e6330cb9c3db09cbae07e66e50a08ada]: S. 40(6)(7) inserted (18.4.2010 for specified purposes, coming into force in accordance with art. 1(2)) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010 (S.S.I. 2010/446), arts. 1(2), 8(7)

[^key-e63fed9e3021112a81d1e1cccb17f335]: Words in s. 13(1)(a) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(10)(a) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

[^key-e6acd0f9fb2e4d0005ad93527395a520]: S. 43 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

[^key-e6ff41e895318186f20e294444423d04]: S. 13 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

[^key-e7d83ba223373c08493a0810adb3ddf2]: Words in s. 66(3) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(37)(d) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

[^key-e81c739e2a6697cff7bb14e4e18d0227]: S. 45 substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), ss. 70, 97 (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

[^key-e86036f6f20b04dd53d68766bcb544aa]: S. 67(3)(a) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(38)(c)(ii) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

[^key-e979bc6516d710839e31ab96ebaa2f0f]: S. 92(3)-(6) in force at 28.2.2011 in so far as not already in force by S.S.I. 2011/157, art. 2(a)

[^key-e99e098adf0056579de6d5a0ac8e05ce]: Words in s. 8(1) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(7) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

[^key-e9ebea9801193a3cc1599bec6029aeab]: Words in s. 70(1)(a) inserted (30.9.2024 for specified purposes) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(41)(a)(i) (with s. 96); S.S.I. 2024/242, reg. 2, sch.

[^key-ea642b89c413ebdb457d4af435c52446]: S. 64(2) in force at 28.2.2011 in so far as not already in force by S.S.I. 2011/157, art. 2(a)

[^key-ea90d0f1f4cc8122cc7d50f3fe86cb22]: Words in s. 36(2) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(24)(b) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

[^key-eac54af1a5dad88c1580b47fd8fe7f4e]: Words in Sch. 5 substituted (27.9.2010) by The Pharmacy Order 2010 (S.I. 2010/231), art. 1(5), Sch. 4 para. 16(d); S.I. 2010/1621, art. 2(1), Sch.

[^key-eb401b3556203d4e9e99e4b7ecb792ab]: S. 59A inserted (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), ss. 78(2), 97 (with s. 96); S.S.I. 2021/380, reg. 2, sch. (with reg. 3)

[^key-ec02cb8c7e696e09edb9396415fe1f4c]: Words in sch. 3 para. 12 inserted (1.4.2025) by The Regulated Roles with Children and Adults (Scotland) Amendment Regulations 2025 (S.S.I. 2025/76), regs. 1(1), 3(8); S.S.I. 2025/27, reg. 3(1)(2), sch.

[^key-ec76f993a72ffc8a8b226fcf8c24aaa9]: Words in s. 30(4)(b) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(20)(e) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch. (as amended by S.S.I. 2025/73, regs. 1, 2(3)(d))

[^key-ed02736fcd3e2ef95f9490025e4b5ca3]: S. 35(2)(3) in force at 28.2.2011 in so far as not already in force by S.S.I. 2011/157, art. 2(a)

[^key-ed09de93af8289e0ce9915aac9d226a7]: Words in s. 68(1)(b) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(39)(b)(ii) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

[^key-ed54649979ae808de41d96f8f39da503]: Words in s. 67(3)(b) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(38)(c)(iii) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

[^key-ef49dc23c3dc3092a94253fdd9f5b80a]: Sch. 4 para. 10 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

[^key-f01ef8178ddd6ed7b730730bfd7003b3]: S. 30A inserted (28.2.2011) by The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (S.I. 2009/1182), art. 1(7), Sch. 5 para. 12 (with arts. 9, 10) (see S.S.I. 2011/157, art. 2)

[^key-f063f11cd70c9338e449ec63f7637725]: S. 88 in force at 11.1.2008 for specified purposes by S.S.I. 2007/564, art. 2, Sch.

[^key-f158e0b8257482dde7154872a1510315]: Words in s. 40(2)(a) substituted (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 12(7)(a) (with s. 96); S.S.I. 2021/380, reg. 2, sch.

[^key-f228ac806f3b93d3e3860a679084a1b2]: S. 8(3)(d) in force at 12.10.2010 by S.S.I. 2010/344, art. 2(a)(i)

[^key-f340b09e18a8856c369051811c4e3824]: S. 25(3)(a) in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.

[^key-f341702638d83d7982881c9e161acf0e]: Word in s. 19(2)(a) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(14) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

[^key-f392d5848dda38a7041b3583f88e3003]: Words in s. 27(3)(a) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(19)(b) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

[^key-f43c74208ca50d01ac96f579f922c24c]: S. 66 title substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(37)(k) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

[^key-f46fee128ca8f80584e182481881f3b9]: Words in s. 96(8) repealed (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, Sch. 2

[^key-f494de36939586a0143930d320e00c09]: Words in s. 12(2)(b) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(9) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

[^key-f57e48addc1da3f7ac7b133755387068]: Words in s. 30(1)(b) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(20)(b) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch. (as amended by S.S.I. 2025/73, regs. 1, 2(3)(d))

[^key-f65f8e12d422bc33e093030143d832ac]: Words in s. 97(1) repealed (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 5(13)(a)(i) (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.

[^key-f74ae629c82d4fb6ac7aa184bfbf0884]: Sch. 4 para. 25 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 5(1))

[^key-f79cc72b3512353febdac831aba4b147]: Words in s. 94(3)(a) substituted (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), ss. 75(4)(a), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.

[^key-f8258255689395e565f6d7d83179161e]: Words in s. 72(2)(a) inserted (30.9.2024 for specified purposes) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(43)(a) (with s. 96); S.S.I. 2024/242, reg. 2, sch.

[^key-f8498e6284f9a63061eab4170fb66222]: Words in s. 3(2)(b) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(3)(b)(iii) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

[^key-f8b4359efa35de1c6078963d5cece24f]: S. 46 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

[^key-f94817ceb2ce9fcad51188b249785751]: Word in s. 30(3)(b)(i) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(20)(c)(i) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch. (as amended by S.S.I. 2025/73, regs. 1, 2(3)(d))

[^key-f9df652ba9c21e43f9e50f4d0abf4a4f]: Words in s. 65(1)(a) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(36)(a)(i) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

[^key-f9e5d77bd1a04ebcfc3ea763c4d3fdc0]: S. 68(4) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(39)(e) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

[^key-fa57552149a63b5df68ef8265211f9f1]: Word in s. 92(4) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(48)(b) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

[^key-fa60f1be2353586bce25f4c45d1c91b0]: S. 29 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

[^key-fac09b98365387d4a55520b22354a871]: S. 93 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

[^key-fb570b032ce2609a5d0a67505e198829]: Words in s. 97(1) repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 36(6)(b); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-fcd20a1f43c735256b3bb8a2ec9f30f1]: S. 8(3)(aa) inserted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 17 para. 36(a)(ii); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.

[^key-fd3eb3d3e7c5b345d49631c932a91873]: Words in s. 26(1)(a) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(18)(a) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

[^key-fe93b09fe4127533a6dadc8da1417b07]: Words in s. 40(1) repealed (18.4.2010 for specified purposes, coming into force in accordance with art. 1(2)) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010 (S.S.I. 2010/446), arts. 1(2), 8(2)

[^key-ff3097dd7ab5a31c567145ceb81f5ea8]: S. 89 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

[^key-ff8905858ac021b07573d6f80bc1745c]: Sch. 4 para. 34 in force at 11.1.2008 by S.S.I. 2007/564, art. 2, Sch.

[^key-ffe3833b87c3726a33eaeec7c03155ba]: Words in s. 75(4) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 36(4)(c); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^M_F_4ac19e35-7cfa-48d8-b11e-65e7e6636581]: Words in s. 41(1)(c) inserted (18.4.2010 coming into force in accordance with art. 1(2)) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010 (S.S.I. 2010/446), arts. 1(2), 9

[^M_I_5a234789-d6fb-4d6e-c46e-07a68c43f816]: S. 17(1)-(4)(5)(a)-(c)(6) in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

[^M_I_d835ce3c-2408-445f-ac8c-806210e6b435]: S. 73(a)-(f) in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

[^key-0abad3135fa58b91be1934b284656aa1]: Ss. 45C-45G inserted (30.9.2024 for specified purposes, 1.4.2025 for specified purposes, 1.7.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), ss. 73(2), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2)(3), sch. (with regs. 11, 12)

[^key-5a003135114b83ab96cec146b02da903]: Sch. 1 repealed (12.1.2026) by Disclosure (Scotland) Act 2020 (asp 13), ss. 81(2)(d), 97 (with s. 96); S.S.I. 2025/352, reg. 2(1) (with reg. 3)

[^key-a876daa49bc7668db38d9facdec26187]: Words in sch. 5 repealed (12.1.2026) by Disclosure (Scotland) Act 2020 (asp 13), ss. 81(2)(e), 97 (with s. 96); S.S.I. 2025/352, reg. 2(1) (with reg. 3)

[^key-028de744fd432ee8d5d66cd0e71d6dbe]: S. 7 repealed (12.1.2026) by Disclosure (Scotland) Act 2020 (asp 13), ss. 81(2)(a), 97 (with s. 96); S.S.I. 2025/352, reg. 2(1) (with reg. 3)

[^key-4b967d7fee44a4efceac9659a2927a1a]: S. 11 repealed (12.1.2026) by Disclosure (Scotland) Act 2020 (asp 13), ss. 81(2)(b), 97 (with s. 96); S.S.I. 2025/352, reg. 2(1) (with reg. 3)

[^key-592a0e65bf01f5819024b9e88d5d1854]: Word in s. 32(4) repealed (12.1.2026) by Disclosure (Scotland) Act 2020 (asp 13), ss. 81(3)(a), 97 (with s. 96); S.S.I. 2025/352, reg. 2(1) (with reg. 3)

[^key-00a40a32219706910077ea2795158732]: S. 32(1)(2) repealed (12.1.2026) by Disclosure (Scotland) Act 2020 (asp 13), ss. 81(2)(c), 97 (with s. 96); S.S.I. 2025/352, reg. 2(1) (with reg. 3)

[^key-d17fc99c0b1aff68e1a3d6a2c976d9bf]: S. 32 title substituted (12.1.2026) by Disclosure (Scotland) Act 2020 (asp 13), ss. 81(3)(b), 97 (with s. 96); S.S.I. 2025/352, reg. 2(1) (with reg. 3)

[^key-ba1264a5a86b93a89a4111ad42b3ca00]: Words in sch. 5 repealed (1.3.2026) by Education (Scotland) Act 2025 (asp 11), s. 66(2), sch. 4 para. 17(4); S.S.I. 2026/2, reg. 2(4)(5), sch. Pt. 2 (with reg. 9)

[^key-abfbb5813695cf89baf0f1e6aa72f20a]: Words in s. 19(3) inserted (1.3.2026) by Education (Scotland) Act 2025 (asp 11), s. 66(2), sch. 4 para. 17(2)(a); S.S.I. 2026/2, reg. 2(4)(5), sch. Pt. 2 (with reg. 9)

[^key-b1046558b647111c6a07381e8a83f422]: Words in s. 19(3) repealed (1.3.2026) by Education (Scotland) Act 2025 (asp 11), s. 66(2), sch. 4 para. 17(2)(b); S.S.I. 2026/2, reg. 2(4)(5), sch. Pt. 2 (with reg. 9)

[^key-f8742d77f1cc1bc40ab66f9681d7cd34]: Words in s. 97 repealed (1.3.2026) by Education (Scotland) Act 2025 (asp 11), s. 66(2), sch. 4 para. 17(3); S.S.I. 2026/2, reg. 2(4)(5), sch. Pt. 2 (with reg. 9)

Delegation of vetting and disclosure functions

Ancillary provision

Form of Part 5 applications

Meaning of “school care accommodation service”

Definitions in relation to unsupervised contact with children

Guidance

Power to give effect to corresponding legislation in England, Wales and Northern Ireland

Regulated work

General interpretation

Ancillary provision

Commencement

30A

• (1) Where section 30(2) applies, Ministers must notify any relevant health regulatory body whom they think it would be appropriate to notify of the fact—

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

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

• (2) Where, after considering whether to list an individual, Ministers decide not to do so, they must give notice of that fact to any relevant health regulatory body to whom they gave notice under subsection (1)(b).

• (3) A notice given under subsection (1) or (2) 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.

• (4) Where Ministers remove an individual from a list under section 29, they must give notice of that fact to any relevant health 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).

• (5) The following are “relevant health regulatory bodies”—

• the General Chiropractic Council

• the General Dental Council

• the General Medical Council

• the General Optical Council

• the General Osteopathic Council

• the Health and Care Professions Council

• the Nursing and Midwifery Council

• the Pharmaceutical Society of Northern Ireland

• the Royal Pharmaceutical Society of Great Britain.

• (6) The reference in subsection (5) to the Health and Care Professions Council does not include a reference to that body in so far as it has functions relating to ... social care workers in England ( within the meaning of section 60 of the Health Act 1999).

Restrictions on listing in adults' list

Protection from actions for damages

Protection from actions for damages

Delegation of vetting and disclosure functions

Sources of information

Form of Part 5 applications

Form of Part 5 applications

Application of fire safety rules to school care accommodation service

Form of Part 5 applications

Review of vetting information in scheme record

Application of fire safety rules to school care accommodation service

General interpretation

Guidance

Power to give effect to corresponding legislation in England, Wales and Northern Ireland

1A

In this schedule—

• “unsupervised contact with children” means contact with children in the absence of—a responsible person, a person carrying out an activity mentioned in paragraph 3, 4 or 5, or an individual who, in relation to a child, has agreed to supervise the contact under arrangements made by the child’s parent or guardian or any person aged 18 or over with whom the child lives in the course of a family or personal relationship,

• “responsible person” means, in relation to a child, any of the following persons—the child’s parent or guardian,any person aged 18 or over with whom the child lives, the person in charge of any establishment mentioned in Part 3 in which the child is accommodated, is a patient or receives education (and any person acting on behalf of such a person), a person who provides day care of children, within the meaning of schedule12 to the 2010 Act, any person holding a position mentioned in Part 4, and any person holding a position in a children’s charity, within the meaning of paragraph 27,

• “family relationship” and “personal relationship” have the meanings given in section 95.

2A

Work which—

• (a) consists of being a host parent (see paragraph 11A), but

• (b) does not include carrying out any other activity mentioned in Part 2 otherwise than in connection with being a host parent,

is not regulated work with children for the purposes of sections 35 and 36.

11A

Being a host parent.

Relevant inquiries

Restrictions on listing in adults' list

Power to regulate procedure etc.

Information in criminal conviction and record certificates

Review of vetting information in scheme record

Payment of fee for information from certain police forces

Payment of fee for information from certain police forces

Application of fire safety rules to school care accommodation service

Meaning of “work”

Delegation of vetting and disclosure functions

Being a host parent

Relevant inquiries

Restrictions on listing in adults' list

The Scheme

Participation in Scheme

Sources of information

General interpretation

Commencement

Application of sections 35 and 36 to host parenting

20A

National Convener of Children’s Hearings Scotland.

20B

Principal Reporter.

Ancillary provision

52A

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

57A

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

General interpretation

Guidance

Meaning of “school care accommodation service”

Application of fire safety rules to school care accommodation service

Power to give effect to corresponding legislation in England, Wales and Northern Ireland

Ancillary provision

Application of sections 35 and 36 to host parenting

Definitions in relation to unsupervised contact with children

Application of sections 35 and 36 to host parenting

52ZA

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

Withdrawal from scheme

Information in criminal conviction and record certificates

Commencement

Form of Part 5 applications

Ancillary provision

Ancillary provision

Application of sections 35 and 36 to host parenting

Removal from scheme

Commencement

Power to give effect to corresponding legislation in England, Wales and Northern Ireland

Meaning of “work”

General interpretation

Application of sections 35 and 36 to host parenting

Application of sections 35 and 36 to host parenting

Removal from scheme

Form of Part 5 applications

Information in criminal conviction and record certificates

General interpretation

Commencement

Referral ground

Failure to refer: offence

Appeals and removals: information powers

29A

• (1) Sections 18 to 20 apply—

• (a) for any of the purposes specified in subsection (2) as they apply for the purpose of enabling or assisting Ministers to decide whether to list an individual,

• (b) with the modifications that are specified in subsection (2) in relation to the purpose.

• (2) The purposes (and modifications) are—

• (a) enabling or assisting Ministers to consider, in relation to an appeal under section 21, 22 or 23, whether an individual should have been listed (with references to deciding whether to list an individual being read as references to deciding whether the individual should have been listed),

• (b) enabling or assisting Ministers to determine under section 26 an application for removal from the children's list or the adults' list (with references to deciding whether to list an individual being read as references to determining whether to remove an individual from the list),

• (c) enabling or assisting Ministers to consider, in relation to an appeal under section 27, whether an application for removal from the children's list or the adults' list should have been refused under section 26 (with references to deciding whether to list an individual being read as references to deciding whether an application for removal from the list should have been refused),

• (d) enabling or assisting Ministers to decide under section 28 or 29 whether to remove an individual from the children's list or the adults' list (with references to deciding whether to list an individual being read as references to deciding whether an individual should not have been listed or is no longer unsuitable to carry out regulated roles with children or, as the case may be, regulated roles with adults).”. Confirmation of PVG Scheme membership

Relevant inquiries

37A

• (1) This section applies where an offence is committed under section 34, 35 or 36 outside Scotland.

• (2) The person committing the offence may be prosecuted, tried and punished for the offence—

• (a) in a sheriff court district in which the person is apprehended or in custody, or

• (b) in a sheriff court district determined by the Lord Advocate,

as if the offence had been committed in that district.

• (3) The offence is, for all purposes incidental to or consequential on the trial and punishment, deemed to have been committed in that district.

Restrictions on listing in adults' list

Review of vetting information in scheme record

59A

• (1) Where—

• (a) Ministers remove an individual who is a scheme member from the Scheme under section 59, and

• (b) at the time of the removal, they are considering whether to list the individual by virtue of sections 10 to 13 or section 45B(7),

they may decide not to continue to consider whether to list the individual.

• (2) Where Ministers decide under subsection (1) not to continue to consider whether to list an individual, that decision is not to be treated as a decision not to list the individual after considering whether to do so for the purposes of subsection (3C) or (4) of section 30 (and accordingly no notice of the decision under subsection (1) is to be given under either of those subsections of that section).

84A

• (1) The Scottish Ministers must issue guidance to the chief constable about the exercise of the chief constable's functions under Parts 1 and 2 of this Act.

• (2) The Scottish Ministers may from time to time issue revised guidance, and references in this section to guidance include revised guidance.

• (3) Before issuing guidance under this section, the Scottish Ministers must consult the chief constable.

• (4) The chief constable must have regard to guidance issued under this section in exercising functions under Part 1 or 2 of this Act.

• (5) This section does not affect the generality of section 84.

6A

The chief constable must give Ministers any prescribed information that the chief constable holds in relation to an individual whom the chief constable considers is or has been carrying out a type of regulated role while not participating in the Scheme in relation to that type of regulated role.

45C

• (1) It is an offence for an individual to carry out, or to agree to carry out, any type of regulated role unless the individual participates in the Scheme in relation to that type of regulated role.

• (2) For the purposes of subsection (1), an individual is not to be treated as having agreed to carry out a regulated role if the individual's agreement is subject to the individual's participating in the Scheme in relation to that type of role.

• (3) It is a defence for an individual charged with an offence under subsection (1)—

• (a) to prove that the individual did not know, and could not reasonably be expected to have known, that the role concerned was a regulated role, and

• (b) where the individual participated in the Scheme in relation to the type of regulated role concerned and the individual's membership of the Scheme in relation to that type of regulated role was not renewed, to prove that the individual did not know, and could not reasonably be expected to have known, that the individual's membership of the Scheme had not been renewed.

• (4) Subsection (1) does not apply to an individual who is—

• (a) barred from the type of regulated role concerned (but see section 34),

• (b) aged under 16.

45D

• (1) It is an offence for an organisation to offer any type of regulated role to an individual unless the organisation has received a Level 2 disclosure in pursuance of a request under section 18(1)(a) of the Disclosure (Scotland) Act 2020 containing a statement confirming that the individual participates in the Scheme in relation to that type of regulated role.

• (2) 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 receiving a Level 2 disclosure as mentioned in subsection (1).

• (3) Subsection (1) does not apply in relation to an individual who is—

• (a) barred from the type of regulated role concerned (but see section 35),

• (b) aged under 16.

45E

• (1) Ministers may by regulations—

• (a) prohibit an organisation from permitting an individual to carry out a regulated role,

• (b) require an organisation to remove an individual from a regulated role,

where the individual does not participate in the Scheme in relation to that type of regulated role.

• (2) Regulations under subsection (1) may in particular—

• (a) impose prohibitions or requirements—

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

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

• (b) otherwise limit the purposes 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.

• (3) An organisation which fails to comply with regulations made under subsection (1) commits an offence.

• (4) It is a defence for an organisation charged with an offence under subsection (3) to prove that it did not know, and could not reasonably be expected to have known, that the individual does not participate in the Scheme in relation to that type of regulated role.

45F

• (1) Subsection (2) applies where a personnel supplier knows or has reason to believe that an organisation will make arrangements for an individual to carry out a type of regulated role.

• (2) Where this subsection applies, it is an offence for the personnel supplier to offer or supply the individual to the organisation in relation to that type of regulated role unless the personnel supplier has received a Level 2 disclosure in pursuance of a request under section 18(1)(a) of the Disclosure (Scotland) Act 2020 containing a statement confirming that the individual participates in the Scheme in relation to that type of regulated role.

• (3) Subsection (2) does not apply in relation to an individual who is—

• (a) barred from the type of regulated role concerned (but see section 36),

• (b) aged under 16.

45G

A person who commits an offence under section 45C, 45D, 45E or 45F is liable—

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

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

45H

• (1) This section applies where an offence is committed under section 45C, 45D, 45E or 45F outside Scotland.

• (2) The person committing the offence may be prosecuted, tried and punished for the offence—

• (a) in a sheriff court district in which the person is apprehended or in custody, or

• (b) in a sheriff court district determined by the Lord Advocate,

as if the offence had been committed in that district.

• (3) The offence is, for all purposes incidental to or consequential on the trial and punishment, deemed to have been committed in that district.

46A

• (1) Subsection (2) applies where—

• (a) an accredited body has countersigned an application for a Level 2 disclosure,

• (b) the individual applying for the disclosure seeks to participate in the Scheme,

• (c) the purpose of the disclosure is to enable the accredited body (or any person for whom the body acts) to consider the individual's suitability to carry out, or to be offered or supplied for, a type of regulated role, and

• (d) Ministers have refused to allow the individual to participate in the Scheme in relation to that type of regulated role because the individual is—

• (i) barred from regulated roles with children, or (as the case may be)

• (ii) barred from regulated roles with adults.

• (2) Where this subsection applies, Ministers must notify the accredited body that they have refused to allow the individual to participate in the Scheme in relation to that type of regulated role because the individual is—

• (a) barred from regulated roles with children, or (as the case may be)

• (b) barred from regulated roles with adults.

• (3) In this section—

• “accredited body” has the meaning given in section 46(2) of the Disclosure (Scotland) Act 2020,

• “Level 2 disclosure” has the meaning given in section 8 of that Act.

Meaning of “school care accommodation service”

Application of fire safety rules to school care accommodation service

Guidance

Regulated roles

Regulated roles with children

Exceptions to regulated roles with children

Definitions in relation to contact with children

Child protection

Education and training

Childcare

Care, health and accommodation services

13A

Practising as an anaesthesia associate or physician associate pursuant to registration with the General Medical Council.

14A

Practising in a profession pursuant to registration with the Health and Care Professions Council.

Leisure activities

Sports activities

Religious activities

Miscellaneous

30

Holding a position of responsibility in an organisation which has as one of its main purposes the provision of benefits for or to children (regardless of whether the organisation has an additional purpose of providing benefits for or to another group of persons).

Interpretation

31

In this schedule—

• “care home service” has the same meaning as in paragraph 2 of schedule 12 of the Public Services Reform (Scotland) Act 2010,

• “children's charity” means a charity whose—main purpose is to provide benefits for children, andprincipal means of delivery of those benefits is by its staff carrying out regulated roles with children,

• “day care premises” means premises at which day care of children (within the meaning of schedule 12 of the Public Services Reform (Scotland) Act 2010) is provided,

• “educational institution” means a school or further education institution,

• “elected representative” means—a member of the House of Commons,a member of the Scottish Parliament,

• “further education institution” means a body listed under the heading “Institutions formerly eligible for funding by the Scottish Further Education Funding Council” in schedule 2 of the Further and Higher Education (Scotland) Act 2005 or a college of further education which is assigned to a regional strategic body by order made under section 7C(1) of that Act,

• “hospital” has the meaning given in section 108(1) of the National Health Service (Scotland) Act 1978,

• “hostel” means a hostel used mainly by pupils attending an educational institution,

• “independent health care service” has the same meaning as in section 10F of the National Health Service (Scotland) Act 1978,

• “judicial office” means—the office of judge of any court,the office of member of any tribunal,any other office, or appointment, consisting of functions of a judicial nature,

• “prison” means a prison or young offenders institution that is under the general superintendence of the Scottish Ministers under the Prisons (Scotland) Act 1989 and includes any contracted out prison within the meaning of section 106(4) of the Criminal Justice and Public Order Act 1994,

• “prisoner” means a person committed to prison for trial, safe custody, punishment or otherwise,

• “residential care setting” means a home that—is provided exclusively or mainly for children, andis—provided by a council in exercise of its functions under section 59 (provision by councils of residential and other establishments) of the Social Work (Scotland) Act 1968 or section 25 (provision of care and support services by councils) of the Mental Health (Care and Treatment) (Scotland) Act 2003, orprovided or secured by a person to whom such a function is delegated by a council in pursuance of an integration scheme under section 1 or 2 (integration schemes) of the Public Bodies (Joint Working) (Scotland) Act 2014,

• “secure accommodation for children” means accommodation provided in a residential establishment, approved in accordance with regulations made under section 78(2) of the Public Services Reform (Scotland) Act 2010, for the purpose of restricting the liberty of children.

32

Ministers may by regulations amend the definition of “further education institution” in paragraph 31 so as to include or exclude bodies listed in schedule 2 of the Further and Higher Education (Scotland) Act 2005.

Power to amend schedule

33

Ministers may by regulations modify this schedule as they think appropriate.

34

Regulations under paragraph 33 may disapply or otherwise modify the application of sections 34 to 37 and sections 45C to 45G in relation to particular kinds of regulated roles with children.

Regulated roles with adults

Exceptions to regulated roles with adults

Definition of contact with protected adults

Education, training and guidance

Care, health and accommodation services

6A

Practising as an anaesthesia associate or physician associate pursuant to registration with the General Medical Council.

7A

Practising in a profession pursuant to registration with the Health and Care Professions Council.

13A

Carrying out an activity in a hospital, hospice, care home, day care centre or adult placement setting.

14A

Having responsibility for the safety and welfare of a protected adult.

14B

Having the ability to directly influence decisions about the safety and welfare of a protected adult, other than in the capacity of an elected representative or as the holder of a judicial office.

15

Being engaged by or on behalf of a protected adult to support the protected adult to live independently, including providing personal care services, food preparation or recreational services.

16

Providing support to a protected adult under a shared lives scheme.

17

Providing counselling, therapy , advice, guidance or advocacy support in relation to health or wellbeing to protected adults, other than where such counselling, therapy, advice , guidance or advocacy support is provided in a prison by a prisoner to another prisoner.

18