The Protection of Vulnerable Groups (Scotland) Act 2007 (Consequential Provisions) Order 2010

• Citation: S.I. 2010/2660
• Sections: 23

Section 1 Citation and commencement

This Order may be cited as the Protection of Vulnerable Groups (Scotland) Act 2007 (Consequential Provisions) Order 2010 and comes into force on the same day as section 1 of Protection of Vulnerable Groups (Scotland) Act 2007 .

Section 2 Interpretation

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;

“Independent Safeguarding Authority” and “ ISA ” mean the body established by section 1 of the 2006 Act ;

“the 2007 Order ” means the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 ; and

“police force” means—

a police force in England and Wales;

the Police Service of Northern Ireland;

the Royal Navy Police;

the Royal Military Police;

the Royal Air Force Police;

the Ministry of Defence Police;

the British Transport Police;

the Civil Nuclear Constabulary;

the Serious Organised Crime Agency;

the Child Exploitation and Online Protection Centre; and

in article 3(1) also includes—

the States of Jersey Police Force;

the salaried police force of the Island of Guernsey;

the Isle of Man Constabulary; and

the Garda Síochána.

Section 3 Provision of police information to the Scottish Ministers

(1) For the purposes of their functions under Parts 1 and 2 of the 2007 Act, the Scottish Ministers may ask the chief officer of a relevant police force to provide them with any information relating to an individual which the chief officer thinks might be relevant in relation to the type of regulated work (within the meaning of the 2007 Act ) in relation to which a request under this paragraph is made.

(2) Where the chief officer of a police force receives a request under paragraph (1), the chief officer must comply with it as soon as practicable.

(3) The chief officer of a police force must not provide information to Scottish Ministers under paragraph (1) if the chief officer considers that disclosing the information to the individual to whom it relates would be contrary to the interests of the prevention or detection of crime.

(4) In paragraph (1) the reference to “relevant police force” is to be read in the same way as it is read in relation to an application to the Scottish Ministers made under section 113B of the Police Act 1997 .

(5) The Scottish Ministers must pay to the appropriate body such fee as the Secretary of State (or the Northern Ireland Executive in relation to the Police Service of Northern Ireland) thinks appropriate for information provided under paragraph (1).

(6) For the purposes of paragraph (5), the appropriate body means—

(a) the police authority for a police force in England and Wales;

(b) the Police Service of Northern Ireland;

(c) the Provost Marshal for the Royal Navy Police, the Royal Military Police or the Royal Air Force Police;

(d) the Ministry of Defence Police Committee for the Ministry of Defence Police;

(e) the British Transport Police Authority for the British Transport Police;

(f) the Civil Nuclear Police Authority for the Civil Nuclear Constabulary;

(g) the Serious Organised Crime Agency;

(h) the Home Affairs Committee for the States of Jersey Police Force;

(i) the Home Department for the salaried police force of the Island of Guernsey;

(j) the Department of Home Affairs for the Isle of Man Constabulary; or

(k) the Department of Justice, Equality and Law Reform of the Government of Ireland for the Garda Síochána.

Section 4 Provision of records of convictions and cautions to the Scottish Ministers

Any person who holds records of convictions, cautions or other information for the use of police forces generally must make those records available to the Scottish Ministers for the purposes of their functions under Parts 1 or 2 of the 2007 Act.

Section 5 Provision of records of fingerprints to the Scottish Ministers

Any person who holds records of fingerprints for the use of police forces generally must make those records available to the Scottish Ministers for the purposes of section 63 of the 2007 Act.

Section 6 Duty to provide information to the Scottish Ministers on request

(1) This article applies if the Scottish Ministers are considering—

(a) whether to include any person (“P”) in a list kept under section 1(1) of the 2007 Act;

(b) whether to remove P from such a list.

(2) The Scottish Ministers may require—

(a) any regulated activity provider (within the meaning of section 6 of the 2006 Act) who has made arrangements for P to engage in regulated activity (whether or not the arrangements are still in place); or

(b) any responsible person (within the meaning of section 23 of the 2006 Act) who permits or has permitted P to engage in controlled activity,

to provide them with any information prescribed for the purposes of section 37(2)(a) and (b) of the 2006 Act which that person holds relating to P.

(3) The Scottish Ministers may require any personnel supplier (within the meaning of section 60 of the 2006 Act) which is an employment agency or employment business and which acts for or has acted for P to provide them with any information prescribed for the purposes of section 37(2)(c) of the 2006 Act which that person holds relating to P.

(4) For the purposes of paragraph (3)—

(a) an employment agency acts for P if it makes arrangements with P with a view to—

(i) finding P relevant employment with an employer; or

(ii) supplying P to employers for relevant employment by them;

(b) relevant employment is employment which consists in or involves engaging in regulated or controlled activity; and

(c) an employment business acts for P if it employs P to engage in regulated or controlled activity for and under the control of other persons.

(5) The Scottish Ministers may require any personnel supplier which is an educational institution (within the meaning of section 60 of the 2006 Act) and which has supplied P to another person for P to engage in regulated or controlled activity to provide them with any information prescribed for the purposes of section 37(2)(d) of the 2006 Act which that person holds relating to P.

(6) In this article, “controlled activity” and “regulated activity” have the same meanings as in the 2006 Act and “employment” has the same meaning as in the Employment Agencies Act 1973 .

Section 7 Duty to provide information: offence

(1) A person commits an offence if—

(a) the person is required under article 6 to provide the Scottish Ministers with any information; and

(b) the person fails, without reasonable excuse, to provide the information.

(2) A person guilty of an offence under paragraph (1) is liable on summary conviction to a fine not exceeding the amount specified as level 5 on the standard scale.

Section 8 Local authorities: duty to provide information to the Scottish Ministers on request

(1) This article applies if the Scottish Ministers are considering—

(a) whether to include any person in a list kept under section 1(1) of the 2007 Act;

(b) whether to remove any person from such a list.

(2) The Scottish Ministers may require a local authority to provide them with any information prescribed for the purposes of section 40 of the 2006 Act which the local authority holds relating to the person.

(3) The local authority must comply with a requirement under paragraph (2).

(4) “Local authority” means a local authority in England and Wales as defined (in relation to England and Wales) in section 1 of the Local Authorities (Goods and Services) Act 1970 .

Section 9 Registers: duty to provide information to the Scottish Ministers on request

(1) This article applies if the Scottish Ministers are considering—

(a) whether to include any person who appears on a relevant register in a list kept under section 1(1) of the 2007 Act;

(b) whether to remove any person who appears on a relevant register from such a list.

(2) The Scottish Ministers may require the keeper of the register to provide them with any information prescribed for the purposes of section 42 of the 2006 Act which the keeper holds relating to the person.

(3) The keeper of the register must comply with a requirement under paragraph (2).

(4) References in this article to “a relevant register” and “the keeper of the register” must be construed in accordance with section 41(7) of the 2006 Act .

Section 10 Supervisory authorities: duty to provide information to the Scottish Ministers on request

(1) This article applies if the Scottish Ministers are considering—

(a) whether to include any person in a list kept under section 1(1) of the 2007 Act;

(b) whether to remove any person from such a list.

(2) The Scottish Ministers may require a supervisory authority within the meaning of section 45(7) of the 2006 Act to provide them with any information prescribed for the purposes of section 46 of that Act which the supervisory authority holds relating to the person.

(3) The supervisory authority must comply with a requirement under paragraph (2).

Section 11 Provision of information by ISA to the Scottish Ministers

In Schedule 1 to the 2007 Order, after paragraph 22 insert—

(22A) ISA may provide the Scottish Ministers with such information as it thinks may be relevant to the exercise by the Scottish Ministers of their functions under Parts 1 and 2 of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14) .

Section 12 Duty to provide information to the Scottish Ministers on request

(1) This article applies if the Scottish Ministers are considering—

(a) whether to include any person (“P”) in a list kept under section 1(1) of the 2007 Act;

(b) whether to remove P from such a list.

(2) The Scottish Ministers may require—

(a) any regulated activity provider (within the meaning of Article 10 of the 2007 Order) who has made arrangements for P to engage in regulated activity (whether or not the arrangements are still in place); or

(b) any responsible person (within the meaning of Article 27 of the 2007 Order) who permits or has permitted P to engage in controlled activity,

to provide them with any information prescribed for the purposes of Article 39(2)(a) and (b) of the 2007 Order which that person holds relating to P.

(3) The Scottish Ministers may require any personnel supplier (within the meaning of Article 2(2) of the 2007 Order) which is an employment agency or employment business and which acts for or has acted for P to provide them with any information prescribed for the purposes of Article 39(2)(c) of the 2007 Order which that person holds relating to P.

(4) For the purposes of paragraph (3)—

(a) an employment agency acts for P if it makes arrangements with P with a view to—

(i) finding P relevant employment with an employer; or

(ii) supplying P to employers for relevant employment by them;

(b) relevant employment is employment which consists in or involves engaging in regulated or controlled activity; and

(c) an employment business acts for P if it employs P to engage in regulated or controlled activity for and under the control of other persons.

(5) The Scottish Ministers may require any personnel supplier (within the meaning of Article 2(2) of the 2007 Order) which is an educational institution and which has supplied P to another person for P to engage in regulated or controlled activity to provide them with any information prescribed for the purposes of Article 39(2)(d) of the 2007 Order which that person holds relating to P.

(6) In this Article, “controlled activity” and “regulated activity” have the same meanings as in the 2007 Order and “employment” has the same meaning as in Part II of the Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981 .

Section 13 Duty to provide information: offences

(1) A person commits an offence if—

(a) the person is required under article 12 to provide the Scottish Ministers with any information; and

(b) the person fails, without reasonable excuse, to provide the information.

(2) A person guilty of an offence under paragraph (1) is liable on summary conviction to a fine not exceeding the amount specified as level 5 on the standard scale.

Section 14 Education and Library Boards and HSC Bodies: duty to provide information to the Scottish Ministers on request

(1) This article applies if the Scottish Ministers are considering—

(a) whether to include any person in a list kept under section 1(1) of the 2007 Act;

(b) whether to remove any person from such a list.

(2) The Scottish Ministers may require an education and library board or HSC body to provide them with any information prescribed for the purposes of Article 42(2) of the 2007 Order which the education and library board or HSC body holds relating to the person.

(3) The education and library board or HSC body must comply with a requirement under paragraph (2).

(4) In this article, “HSC body” has the same meaning as in Article 2(2) of the 2007 Order .

Section 15 Registers: duty to provide information to the Scottish Ministers on request

(1) This article applies if the Scottish Ministers are considering—

(a) whether to include any person who appears on a relevant register in a list kept under section 1(1) of the 2007 Act;

(b) whether to remove any person who appears on a relevant register from such a list.

(2) The Scottish Ministers may require the keeper of the register to provide them with any information prescribed for the purposes of Article 44(2) of the 2007 Order which the keeper holds relating to the person.

(3) The keeper of the register must comply with a requirement under paragraph (2).

(4) References to a relevant register and the keeper of the register must be construed in accordance with Article 43(7) of the 2007 Order.

Section 16 Supervisory authorities: duty to provide information to the Scottish Ministers on request

(1) This article applies if the Scottish Ministers are considering—

(a) whether to include any person in a list kept under section 1(1) of the 2007 Act;

(b) whether to remove any person from such a list.

(2) The Scottish Ministers may require a supervisory authority within the meaning of Article 47(7) of the 2007 Order to provide them with any information prescribed for the purposes of Article 48 of that Order which the supervisory authority holds relating to that person.

(3) The supervisory authority must comply with a requirement under paragraph (2).

Section 17 Secretary of State: provision of information to the Scottish Ministers

(1) The Secretary of State may provide the Scottish Ministers with the information described in paragraph (2) to enable them to exercise their functions under section 64 of the 2007 Act (power to use personal data to check applicant’s identity).

(2) The information is such information as the Secretary of State thinks is appropriate from data held by—

(a) the Identity and Passport Service;

(b) the UK Border Agency;

(c) the Secretary of State in connection with keeping records of national insurance numbers.

Section 18 Provision of police information to the Independent Safeguarding Authority

(1) This article applies to—

(a) the chief constable of a police force in Scotland; and

(b) the Scottish Crime and Drug Enforcement Agency.

(2) For the purposes of enabling or assisting the Independent Safeguarding Authority to determine whether to include an individual in, or remove an individual from—

(a) the children’s barred list or adults’ barred list maintained under section 2 of the 2006 Act; or

(b) the children’s barred list or adults’ barred list maintained under Article 6 of the 2007 Order,

the ISA may require a person to whom this article applies to provide it with any information relating to an individual which the person thinks might be relevant in relation to the type of regulated activity (within the meaning of the 2006 Act or the 2007 Order) in relation to which a request under this paragraph is made.

(3) The ISA must pay such fee as Scottish Ministers think appropriate to a person who provides information under paragraph (2).

(4) A person must not provide information to the ISA under paragraph (2) if the person thinks that disclosing it to the individual to whom it relates would be contrary to the interests of the prevention or detection of crime.

Section 19 Provision of information held by public bodies etc. to the Independent Safeguarding Authority

(1) The Independent Safeguarding Authority may require a person who holds vetting information of a type prescribed under section 49(1)(d) of the 2007 Act to provide it with any such vetting information relating to an individual.

(2) Paragraph (3) applies to each of the persons set out in section 19(3) of the 2007 Act.

(3) For the purposes of enabling or assisting the ISA to determine whether to include an individual in, or remove an individual from—

(a) the children’s barred list or adults’ barred list maintained under section 2 of the 2006 Act; or

(b) the children’s barred list or adults’ barred list maintained under Article 6 of the 2007 Order,

the ISA may require a person to whom this paragraph applies to provide it with any information held by the person which the ISA thinks might be relevant.

(4) Information provided under paragraph (3) may, in particular, be information which relates to—

(a) the regulated work (within the meaning of the 2007 Act) or the regulated activity (within the meaning of the 2006 Act or the 2007 Order) in relation to which the request is made under paragraph 3; or

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

Section 20 Provision of information held by regulated work providers to Independent Safeguarding Authority

(1) For the purposes of enabling or assisting the Independent Safeguarding Authority to determine whether to include an individual in, or remove an individual from—

(a) the children’s barred list or adults’ barred list maintained under section 2 of the 2006 Act; or

(b) the children’s barred list or adults’ barred list maintained under Article 6 of the 2007 Order,

the ISA may require a person falling within section 20(2) of the 2007 Act to provide it with any information held by the person which the ISA thinks may be relevant.

(2) A person who fails, without reasonable excuse, to comply with paragraph (1) is guilty of an offence and liable, on summary conviction, to a fine not exceeding the amount specified as level 5 on the standard scale.

Section 21 Consideration of suitability

References in Part 2 of the 2007 Act to a person (“A”) considering an individual’s suitability to do, or to be offered or supplied for, any type of regulated work include a reference to A considering the individual’s suitability to be registered or licensed under Part V (driving instruction) of the Road Traffic Act 1988 .

Section 22 Consideration of suitability

References in Part 2 of the 2007 Act to a person (“A”) considering an individual’s suitability to do, or to be offered or supplied for, any type of regulated work include a reference to A considering the individual’s suitability to be registered in the register established and maintained under article 19 of the Pharmacy Order 2010 .

Section 23 Amendment of the General Pharmaceutical Council (Registration Rules) Order of Council 2010

(1) The General Pharmaceutical Council (Registration Rules) Order of Council 2010 is amended as follows.

(2) In rule 10 (entry in the Register) of the Schedule—

(a) in paragraph (5)—

(i) in sub-paragraph (a), omit “or the Scottish Ministers”;

(ii) at the end of sub-paragraph (e), omit “and”;

(iii) at the end of sub-paragraph (f) insert—

; and

(g) a disclosure request and any existing disclosure record

(b) after paragraph (12), substitute—

(12) For the purposes of this rule—

“attesting State” means the relevant European State in which a person applying for entry in Part 1 or Part 2 of the Register obtained their qualification as a pharmacist or, as the case may be, a pharmacy technician and, if different, the relevant European State from which that person comes to Great Britain; and

“disclosure record” and “disclosure request” have the meaning given by section 97(1) (general interpretation) of the Protection of Vulnerable Groups (Scotland) Act 2007.