Statutory Instruments
2011 No. 565
Constitutional Law
Devolution, Scotland
Children And Young Persons
Protection Of Vulnerable Adults
The Protection of Vulnerable Groups (Scotland) Act 2007 (Consequential Modifications) Order 2011
Made
28th February 2011
Coming into force in accordance with article 1
The Secretary of State for Education makes the following Order in exercise of the powers conferred by sections 104, 112(1) and 113(5) of the Scotland Act 1998( 1 ).
A draft of this Order was laid before Parliament and approved by resolution of each House of Parliament in accordance with section 115(1) of, and paragraphs 1, 2 and 3 of Schedule 7 to, the Scotland Act 1998.
Citation and commencement
1. This Order may be cited as the Protection of Vulnerable Groups (Scotland) Act 2007 (Consequential Modifications) Order 2011 and comes into force on the day after the day on which it is made.
Provision of information by ISA to the Scottish Ministers
2. In Schedule 3 to the Safeguarding Vulnerable Groups Act 2006( 2 ), after paragraph 22 insert—
“ 22A. ISA ( 3 ) 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) . ” .
Amendment to the Data Protection Act 1998
3. —(1)The Data Protection Act 1998( 4 ) is amended as follows.
(2) In section 56 (prohibition of requirement as to production of certain records)( 5 ) in the table in subsection (6), after the entry relating to the Independent Safeguarding Authority insert—
| “5. The Scottish Ministers. | Their functionsunder Parts 1 and 2 of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14) .”. |
(3) In section 75 (commencement etc )( 6 ), in subsection (4A)—
(a) at the end of paragraph (a), omit “or”; and
(b) after paragraph (b), insert—
“ , or
(c) the Scottish Ministers’ functions under Parts 1 and 2 of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14) . ” .
Tim Loughton
ParliamentaryUnder Secretary of State
Department for Education
28th February 2011
The Independent Barring Board (IBB) established by the Safeguarding Vulnerable Groups Act 2006 (c. 47) was renamed the Independent Safeguarding Authority (ISA) by section 81(1) of the Policing and Crime Act 2009 (c. 26) .
Section 56(6) has been amended by section 81(2) and (3)(i) of the Policing and Crime Act 2009 (c. 26) ; section 78(2)(a) of the Police (Northern Ireland) Act 2000 (c. 32) ; paragraph 112 of Schedule 4 to the Serious Organised Crime and Police Act 2005 (c. 15) ; paragraph 191 of Schedule 9 to the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) ; section 63(1) of, and paragraph 15(1), (2)(a) and (2)(b) of Part 2 of Schedule 9 to, the Safeguarding Vulnerable Groups Act 2006 (c. 47) ; and article 60(1) of, and paragraph 4(1) of Schedule 7 to, the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 ( S.I. 2007/1351 (N.I. 11) ).
Section 75(4A) was inserted by section 63(1) of, and paragraph 15(1) and (3) of Part 2 of Schedule 9 to, the Safeguarding Vulnerable Groups Act 2006 (c. 47) . Section 75(4A) has been amended by article 60(1) of, and paragraph 4(2)(a) and (b) of Schedule 7 to, the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 ( S.I. 2007/1351 (N.I. 11) ), and by section 81(2) and (3)(i) of the Policing and Crime Act 2009 (c. 26) .