Children And Young Persons PART 1 Introduction Citation and commencement 1 1 This Order may be cited as the Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010. 2 This Order comes into force on the same day as section 92 of the Protection of Vulnerable Groups (Scotland) Act 2007. Interpretation 2 In this Order— “the 2006 Act ” means the Safeguarding Vulnerable Groups Act 2006 ; “the 2007 Act ” means the Protection of Vulnerable Groups (Scotland) Act 2007; and “the SVG (NI) Order 2007 ” means the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 . PART 2 Amendment of the 2007 Act Amendment of the 2007 Act 3 The 2007 Act is amended in accordance with articles 4 to 13. Amendment of section 10 (organisational referrals etc. ) of the 2007 Act 4 1 Section 10 (organisational referrals etc.) of the 2007 Act is amended as follows. 2 In subsection (1)— a the words from “where” to the end of the subsection become paragraph (a) (with existing paragraphs (a) and (b) being re-numbered as sub-paragraphs (i) and (ii)); and b at the end of the subsection insert— , or b where information relating to an individual has been given to Ministers by the Independent Safeguarding Authority . 3 In subsection (4) after “work” insert “(if any)”. Amendment of section 18 (police information etc.) of the 2007 Act 5 1 Section 18 (police information etc.) of the 2007 Act is amended as follows. 2 In subsection (1) after “force”, and after “constable” where it appears for the second time, insert “or the Scottish Crime and Drug Enforcement Agency”. 3 In subsection (2) “for chief constable” where it appears each time substitute “person”. 4 In subsection (3) after the word “authority” insert “or the Scottish Police Services Authority”. Amendment of section 38 (police access to lists) of the 2007 Act 6 1 Section 38 (police access to lists) is amended as follows. 2 In subsection (1) after “forces” insert “, the Scottish Police Services Authority and the Scottish Crime and Drug Enforcement Agency”. 3 In subsection (2) after “forces” insert “, the Scottish Police Services Authority and the Scottish Crime and Drug Enforcement Agency”. Amendment of section 39 (restrictions on listing in children’s list) of the 2007 Act 7 1 Section 39 (restrictions on listing in children’s list) of the 2007 Act is amended as follows. 2 In subsection (1), the words from “by” to the end of the subsection are repealed. 3 In subsection (2)(a), for “considered” substitute “dealt with”. 4 In subsection (3)— a for paragraph (a) substitute— a the individual’s case has been dealt with in pursuance of relevant corresponding legislation, and ; and b in paragraph (b), for “by ISA before it made its decision” substitute “before, or when, the individual’s case was last dealt with in pursuance of the relevant corresponding legislation”. 5 In subsection (4)(b), for “considers” substitute “deals with”. 6 In subsection (5)— a after “if” insert “they consider that it would be more appropriate for the individual’s case to be dealt with by ISA.”; and b paragraphs (a) and (b) are repealed. 7 After subsection (5) insert— 6 Where— a in pursuance of subsection (5), Ministers do not list an individual in the children’s list under section 14, and b ISA deals with the individual’s case, section 30 applies (with any necessary modifications) as if Ministers had listed the individual in the children’s list under section 14. 7 In this section “relevant corresponding legislation” means— a the Protection of Children Act 1999 (c.14) , b the Criminal Justice and Court Services Act 2000 (c.43) , c sections 142 to 144 of the Education Act 2002 (c.32) , 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. . Amendment of section 40 (restrictions on listing in adults’ list) of the 2007 Act 8 1 Section 40 (restrictions on listing in adults’ list) of the 2007 Act is amended as follows. 2 In subsection (1), the words from “by” to the end of the subsection are repealed. 3 In subsection (2)(a), for “considered” substitute “dealt with”. 4 In subsection (3)— a for paragraph (a) substitute— a the individual’s case has been dealt with in pursuance of relevant corresponding legislation, and ; and b in paragraph (b), for “by ISA before it made its decision” substitute “before, or when, the individual’s case was last dealt with in pursuance of the relevant corresponding legislation”. 5 In subsection (4)(b), for “considers” substitute “deals with”. 6 In subsection (5)— a after “if” insert “they consider that it would be more appropriate for the individual’s case to be dealt with by ISA.”; and b paragraphs (a) and (b) are repealed. 7 After subsection (5) insert— 6 Where— a in pursuance of subsection (5), Ministers do not list an individual in the adults’ list under section 14, and b ISA deals with the individual’s case, section 30 applies (with any necessary modifications) as if Ministers had listed the individual in the adults’ list under section 14. 7 In this section “relevant corresponding legislation” means— a Part 7 of the Care Standards Act 2000 (c.14) , b the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003, c the Safeguarding Vulnerable Groups Act 2006 (c.47) , d the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007. . Amendment of section 41 (proceedings from actions for damages) of the 2007 Act 9 In section 41(1)(c) and (2)(b) of the 2007 Act, after the words “18 to 20” insert in each place “(or of any other power or duty to provide information to Ministers in relation to their functions under this Part)”. Amendment of section 75 (sources of information) of the 2007 Act 10 1 Section 75 (sources of information) of the 2007 Act is amended as follows. 2 In subsection (2) after “chief constable” insert “or the Scottish Crime and Drug Enforcement Agency”. 3 In subsection (3) for “chief constable” where it appears each time substitute “person”. 4 In subsection (4) after “authority” insert “or the Scottish Police Services Authority”. 5 In subsection (5) after “63(4)” insert “(or in pursuance of any other power or duty to provide information to Ministers in relation to their functions under this Part)”. Amendment of section 76 (police access to scheme information) of the 2007 Act 11 1 Section 76 (police access to scheme information) is amended as follows. 2 In subsection (1) for “and the Scottish Police Services Authority” where it appears first substitute “, the Scottish Police Services Authority and the Scottish Crime and Drug Enforcement Agency”; 3 In subsection (1)(c) for “ or the Scottish Police Services Authority” substitute “, the Scottish Police Services Authority or the Scottish Crime and Drug Enforcement Agency”; and 4 In subsection (2) for “and the Scottish Police Services Authority” substitute “, the Scottish Police Services Authority and the Scottish Crime and Drug Enforcement Agency”. Modification of schedule 2 (regulated work with children) to the 2007 Act 12 In paragraph 1 of schedule 2 (regulated work with children) to the 2007 Act for “work” where it appears for the second time substitute “work done in Scotland”. Modification of schedule 3 (regulated work with adults) to the 2007 Act 13 In paragraph 1 of schedule 3 (regulated work with adults) to the 2007 Act for “work” where it appears for the second time substitute “work done in Scotland”. PART 3 Provision of Information by Ministers and Double Barring Provision of information by Ministers to the Independent Safeguarding Authority, the Secretary of State and the Department of Justice in Northern Ireland 14 1 Ministers may provide to a person specified in paragraph (2) (for the purposes specified in paragraph (2) in relation to such a person) any information specified in paragraph (3). 2 The persons specified are— a the Independent Safeguarding Authority for the purposes of its functions under paragraphs 6 and 12 of Schedule 3 to the 2006 Act or under paragraphs 6 and 12 of Schedule 1 to the SVG (NI) Order 2007; b the Secretary of State for the purposes of the Secretary of State’s functions under— i Part 5 of the Police Act 1997; ii the 2006 Act; or iii the SVG (NI) Order 2007; and c the Department of Justice in Northern Ireland for the purposes of its functions under Part 5 of the Police Act 1997. 3 The information specified is— a the fact that an individual is included in the children’s list or adults’ list or both lists, as the case may be; b the fact that an individual has been removed from the children’s list, adults’ list or both lists, as the case may be; c the fact that Ministers are considering whether to include an individual in the children’s list, adults’ list or both lists, as the case may be; d the fact that Ministers have decided not to list an individual in the children’s list, adults’ list or both lists, as the case may be; e such information held by Ministers which they consider would enable or assist a person specified in paragraph (2) to be satisfied as to the identity of an individual referred to in subparagraphs (a) to (d). Provision of further information by Ministers to Independent Safeguarding Authority 15 1 Ministers may, for the purposes specified in paragraph (2), provide to the Independent Safeguarding Authority any information relating to an individual that they hold or have obtained by virtue of performing their functions under the Protection of Children (Scotland) Act 2003 or under Parts 1 and 2 of the 2007 Act as they consider appropriate. 2 The purposes are— a to enable or assist ISA to determine whether to include an individual in, or remove an individual from, the children’s barred list or adults’ barred list maintained under section 2 of the 2006 Act; or b to enable or assist ISA to determine whether to include an individual in, or remove an individual from, the children’s barred list or adults’ barred list maintained under Article 6 of the SVG (NI) Order 2007. Provision of lists by Ministers to police 16 1 Ministers may provide to a person specified in paragraph (2)— 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 paragraph (3). 2 The persons specified are— a the chief officer of a police force in England and Wales; b the National Policing Improvement Agency; c the Chief Constable of the Police Service of Northern Ireland; d the Royal Navy Police; e the Royal Military Police; f the Royal Air Force Police; g the Ministry of Defence Police; h the British Transport Police; i the Civil Nuclear Constabulary; j the Serious Organised Crime Agency; k the Child Exploitation and Online Protection Centre; l the States of Jersey Police Force; m the salaried police force of the Island of Guernsey; n the Isle of Man Constabulary; and o the Garda Síochána. 3 Information may only be provided to a person specified in paragraph (2) for the purposes of— a the prevention or detection of crime; or b the apprehension or prosecution of offenders. Provision of Scheme information by Ministers to police 17 1 Ministers may provide to a person specified in paragraph (2)— a the name of each individual participating in the Scheme; b confirmation of whether each individual participates in the Scheme in relation to regulated work with— i children; ii adults; or iii both; c any other information held by Ministers by virtue of their administration of the Scheme which Ministers consider would enable or assist the persons to whom the information is provided to satisfy themselves as to the identity of such individuals. 2 The persons specified are— a the chief officer of a police force in England and Wales; b the National Policing Improvement Agency; c the Chief Constable of the Police Service of Northern Ireland; d the Royal Navy Police; e the Royal Military Police; f the Royal Air Force Police; g the Ministry of Defence Police; h the British Transport Police; i the Civil Nuclear Constabulary; j the Serious Organised Crime Agency; k the Child Exploitation and Online Protection Centre; l the States of Jersey Police Force; m the salaried police force of the Island of Guernsey; n the Isle of Man Constabulary; and o the Garda Síochána. 3 Information may only be provided to a person specified in paragraph (2) for the purposes of— a enabling or assisting that person to provide vetting information to Ministers for the performance of Ministers’ functions in relation to the Scheme; b the prevention or detection of crime; or c the apprehension or prosecution of offenders. Double barring in England and Wales 18 1 Ministers may remove an individual from the children’s list where— a an individual is included in both the children’s list and the children’s barred list maintained under section 2 of the 2006 Act; and b Ministers consider that it would be more appropriate for the individual to be included in the children’s barred list maintained under section 2 of the 2006 Act than in the children’s list. 2 Ministers may remove an individual from the adults’ list where— a an individual is included in both the adult’s list and the adults’ barred list maintained under section 2 of the 2006 Act; and b Ministers consider that it would be more appropriate for the individual to be included in the adults’ barred list maintained under section 2 of the 2006 Act than in the adults’ list. Double barring in Northern Ireland 19 1 Ministers may remove an individual from the children’s list where— a an individual is included in both the children’s list and the children’s barred list maintained under Article 6 of the SVG (NI) Order 2007; and b Ministers consider that it would be more appropriate for the individual to be included in the children’s barred list maintained under Article 6 of the SVG (NI) Order 2007 than in the children’s list. 2 Ministers may remove an individual from the adults’ list where— a an individual is included in both the adults’ list and the adults’ barred list maintained under Article 6 of the SVG (NI) Order 2007; and b Ministers consider that it would be more appropriate for the individual to be included in the adults’ barred list maintained under Article 6 of the SVG (NI) Order 2007 than in the adults’ list. PART 4 Minor Amendments and Repeals Amendment to the Teaching Council (Scotland) Act 1965 20 In section 6 of the Teaching Council (Scotland) Act 1965 (establishment of register)— a in subsection (2C), for the words from “included” to “(asp 5)” substitute “barred from regulated work with children within the meaning of section 92(1) of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14) ”; and b in subsection (2D), for the words from “included” to “list” substitute “barred from regulated work with children within the meaning of section 92(1) of the Protection of Vulnerable Groups (Scotland) Act 2007”. Repeal of paragraph 2 of schedule 4 to the 2007 Act 21 Paragraph 2 of schedule 4 (minor and consequential amendments to the Teaching Council (Scotland) Act 1965) to the 2007 Act is repealed. Amendment of the Protection of Vulnerable Groups (Scotland) Act 2007 (Consideration for Listing) Regulations 2010 22 The Protection of Vulnerable Groups (Scotland) Act 2007 (Consideration for Listing) Regulations 2010 are amended as follows— a in regulation 2, in the definition of “individual”, in paragraph (a) after the word “Act” insert “or, as the case may be, of information given to Ministers by the Independent Safeguarding Authority under section 10(1)(b) of the Act ”; b in Part 2 of the Schedule— i in paragraph 2(a) after the word “Act” insert “or, as the case may be, of the information given to Ministers by the Independent Safeguarding Authority under section 10(1)(b) of the Act ii in paragraph 2(c)(ii), for “to (c)” substitute “and (b)”; and iii in paragraph 4(1)(b) after the word “body” insert, “or, as the case may be, the Independent Safeguarding Authority”; and c in Part 6 of the Schedule, in paragraph 17(1)(a)(i) and in paragraph 18(1)(a)(i) after the word “Act” insert “or, as the case may be, of the information given to Ministers by the Independent Safeguarding Authority under section 10(1)(b) of the Act. ADAM INGRAM Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 14th December 2010