Back to the Scottish Parliament Business Bulletin No. 22/2007: Tuesday 6 February 2007
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Section G – Bills

New amendments to Bills lodged on 5 February 2007

Protection of Vulnerable Groups (Scotland) Bill – Stage 2

Section 1

Robert Brown

23 In section 1, page 1, line 15, leave out from first <the> to second <list> and insert <—

( ) the children’s list,

( ) the adults’ list, or

( ) both lists,>

Section 7

Robert Brown

24 In section 7, page 3, line 31, leave out <the> and insert <a>

Robert Brown

25 In section 7, page 3, line 33, leave out <against a child>

Robert Brown

26 In section 7, page 3, line 33, leave out from <or> to <adult> on line 34

Section 8

Robert Brown

27 In section 8, page 4, line 7, leave out <evidence> and insert <information>

Robert Brown

28 In section 8, page 4, line 9, leave out <evidence> and insert <information>

Robert Brown

29 In section 8, page 4, line 12, leave out <evidence> and insert <information>

Robert Brown

30 In section 8, page 4, line 14, at end insert—

<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 pharmaceutical chemists>

Robert Brown

31 In section 8, page 4, line 20, at end insert—

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

Section 9

Robert Brown

32 In section 9, page 4, line 29, after <5> insert <within 3 months of the date on which the duty arose>

Section 17

Robert Brown

33 In section 17, page 7, line 29, leave out from <by> to end of line 31 and insert <in proceedings before one of the following bodies or any of its committees—

( ) the Council of the Pharmaceutical Society of Great Britain,

( ) the General Chiropractic Council,

( ) the General Dental Council,

( ) the General Medical Council,

( ) the General Optical Council,

( ) the General Osteopathic Council,

( ) the General Teaching Council for Scotland,

( ) the Health Professions Council,

( ) the Nursing and Midwifery Council,

( ) the Scottish Commission for the Regulation of Care,

( ) the Scottish Social Services Council, or>

Section 18

Robert Brown

34 In section 18, page 8, line 13, leave out <and> and insert <, cautions or>

Robert Brown

35 In section 18, page 8, line 17, leave out from <prescribed> to end of line 19 and insert <information referred to in section 113A(3)(a) of the 1997 Act (prescribed details of every relevant matter relating to the individual which is recorded in central records).>

Section 19

Robert Brown

36 In section 19, page 8, line 24, leave out <46(a)(c)> and insert <46(1)(d)>

Robert Brown

37 In section 19, page 8, line 38, at end insert—

<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>

Robert Brown

38 In section 19, page 8, line 39, at end insert—

<The Registrar of nurses and midwives

The Registrar of Osteopaths

The registrar of pharmaceutical chemists>

Section 25

Robert Brown

39 In section 25, page 11, line 1, after <application> insert <for removal from the list>

Section 26

Robert Brown

40 In section 26, page 11, line 23, after <Session> insert <on a point of law>

Section 29

Robert Brown

41 In section 29, page 13, line 7, leave out subsections (4) and (5)

Robert Brown

42 In section 29, page 13, line 21, at end insert—

<( ) A notice given under subsection (2) or (6) 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.

( ) Where Ministers remove an individual from a list under section 28, 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).>

Section 31

Robert Brown

43 In section 31, page 14, leave out lines 9 to 15

Robert Brown

44 In section 31, page 14, line 16, leave out from <an> to <adult> on line 17

Robert Brown

45 In section 31, page 14, line 19, leave out <subsection (1)(b) or (c) or>

Robert Brown

46 In section 31, page 14, line 21, leave out from <any> to end of line 22

Robert Brown

47 In section 31, page 14, line 25, leave out from <against> to end of line 26

Section 37

Robert Brown

48 In section 37, page 16, line 12, leave out from <prescribed> to end of line 15 and insert <to chief constables of police forces—

(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 police forces only for the purpose of—

(a) the prevention or detection of crime, or

(b) the apprehension or prosecution of offenders.>

After section 37

Robert Brown

49 After section 37, insert—

<Restrictions on listing in children’s list

(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 work with children by virtue of being included in the children’s barred list maintained under section 2 of the Safeguarding Vulnerable Groups Act 2006 (c.47) ("the SVG Act").

(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 considered by IBB, or

(b) subsection (3) applies.

(3) This subsection applies where—

(a) IBB has decided, under paragraph 2, 3, 5, 17 or 18 of schedule 3 to the SVG Act, that it is not appropriate to include the individual in the children’s barred list maintained under section 2 of that Act, 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 by IBB before it made its decision.

(4) Where—

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

(b) IBB considers the individual’s case,

section 29 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—

(a) IBB is required, by virtue of paragraph 1 of schedule 3 to the SVG Act, to include the individual in the children’s barred list maintained under section 2 of that Act, and

(b) Ministers consider that it would be more appropriate for the individual to be included in the list maintained under section 2 of that Act than in the children’s list.>

Robert Brown

50 After section 37, insert—

<Restrictions on listing in adults’ list

(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 work with adults by virtue of being included in the adults’ barred list maintained under section 2 of the Safeguarding Vulnerable Groups Act 2006 (c.47) ("the SVG Act").

(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 considered by IBB, or

(b) subsection (3) applies.

(3) This subsection applies where—

(a) IBB has decided, under paragraph 8, 9, 11, 17 or 18 of schedule 3 to the SVG Act, that it is not appropriate to include the individual in the adults’ barred list maintained under section 2 of that Act, 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 by IBB before it made its decision.

(4) Where—

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

(b) IBB considers the individual’s case,

section 29 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—

(a) IBB is required, by virtue of paragraph 7 of schedule 3 to the SVG Act, to include the individual in the adults’ barred list maintained under section 2 of that Act, and

(b) Ministers consider that it would be more appropriate for the individual to be included in the list maintained under section 2 of that Act than in the adults’ list.>

Section 42

Robert Brown

51 In section 42, page 18, line 4, leave out <protected>

Section 43

Dr Elaine Murray

52 In section 43, page 18, line 10, leave out <barred status> and insert <scheme membership>

Dr Elaine Murray

53 In section 43, page 18, line 11, leave out <barred status> and insert <scheme membership>

Robert Brown

54 In section 43, page 18, line 16, at end insert <, and

( ) contains such other information about the individual as may be prescribed.>

Section 45

Dr Elaine Murray

55 In section 45, page 18, line 36, leave out <barred status> and insert <scheme membership>

Section 46

Robert Brown

56 In section 46, page 19, leave out lines 5 to 7 and insert—

<( ) the information referred to in section 113A(3)(a) of the 1997 Act (prescribed details of every relevant matter relating to the scheme member which is recorded in central records),>

Section 47

Robert Brown

57 In section 47, page 19, line 19, leave out <or address>

Section 50

Dr Elaine Murray

58 In section 50, page 20, line 17, leave out <barred status> and insert <scheme membership>

Robert Brown

59 In section 50, page 20, line 19, leave out <and> and insert—

<(ba) says whether any vetting information was included in the scheme member’s scheme record on that date,>

Robert Brown

60 In section 50, page 20, line 21, at end insert <, and

<(ca) if any vetting information has been removed from the scheme member’s scheme record since that date, says when that information was so removed.>

Robert Brown

61 In section 50, page 20, line 22, leave out <type> and insert <types>

Robert Brown

62 In section 50, page 20, line 23, leave out <subsection (3)(c)> and insert <paragraphs (ba) to (ca) of subsection (3)>

Section 51

Dr Elaine Murray

63 In section 51, page 20, line 26, leave out <barred status> and insert <scheme membership>

Section 54

Robert Brown

64 In section 54, page 21, line 21, at the beginning insert <Subsection (2A) applies>

Robert Brown

65 In section 54, page 21, line 26, leave out <Ministers may not> and insert—

<(2A) Where this subsection applies, Ministers must not—

(a)>

Robert Brown

66 In section 54, page 21, line 28, at end insert <or

(b) reveal whether any such information has been included in, or removed from, the member’s scheme record.>

Section 60

Robert Brown

67 In section 60, page 23, line 6, leave out subsection (2) and insert—

<( ) 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).>

Section 64

Robert Brown

68 In section 64, page 25, line 3, after <person> insert <("Z")>

Robert Brown

69 In section 64, page 25, line 5, at end insert <, or

( ) to do that type of regulated work for any person other than Z in pursuance of arrangements under which services are provided to Z.>

Section 67

Robert Brown

70 In section 67, page 26, line 14, at end insert—

<( ) different fees in different circumstances,>

Before section 70

Robert Brown

71 Before section 70 insert—

<Consideration of suitability: supplementary

References in this Part to a person ("A") considering an individual’s suitability to do, or to be offered or supplied for, any type of regulated work are references to A considering the individual’s suitability—

(a) to do that type of regulated work for A,

(b) to be supplied by A to do that type of regulated work for another person,

(c) to be a teacher (for the purposes of section 6 of the Teaching Council (Scotland) Act 1965 (c.19)),

(d) to provide or manage a care service (for the purposes of the 2001 Act),

(e) to be registered under Part 3 (registration of social workers etc.) of the 2001 Act, or

(f) for any other prescribed purpose.>

Section 71

Robert Brown

72 In section 71, page 27, line 24, leave out <and> and insert <, cautions or>

Section 72

Dr Elaine Murray

73 In section 72, page 28, line 3, leave out <barred status> and insert <scheme membership>

Section 85

Robert Brown

74 In section 85, page 33, line 23, leave out <the countersigning of applications under this Part> and insert <disclosure applications>

Section 88

Robert Brown

75 In section 88, page 36, line 6, at end insert—

<(1A) Ministers may by order make such provision as they consider appropriate in consequence of, or for the purposes of giving full effect to, any legislation which forms part of the law of Northern Ireland which in Ministers’ opinion—

(a) corresponds to provision made by virtue of this Act, or

(b) affects the operation of any provision made by virtue of this Act.>

Robert Brown

76 In section 88, page 36, line 7, after <(1)> insert <or (1A)>

Schedule 4

Robert Brown

77 In schedule 4, page 53, leave out line 5 and insert—

<The Teaching Council (Scotland) Act 1965 is amended as follows.

In section 6—>

Robert Brown

78 In schedule 4, page 53, line 10, at end insert—

<In section 10B(1)(b)—

(a) paragraphs (i) to (iii), and

(b) the word "and" which follows those paragraphs,

are repealed.

In section 11(8), for the words from "such" to "but" substitute "who has applied to be registered".>

Robert Brown

79 In schedule 4, page 55, leave out lines 14 to 33 and insert—

<After section 113B insert—

"113CA Suitability information relating to children

(1) In such cases as are prescribed, an enhanced criminal record certificate must also include suitability information relating to children.

(2) Suitability information relating to children is—

(a) whether the applicant is barred from regulated work with children;

(b) if the applicant is barred from such activity, such details as are prescribed of the circumstances in which the applicant became barred;

(c) whether the Scottish Ministers are considering whether to list the individual in the children’s list;

(d) whether the Independent Barring Board is considering whether to include the applicant in the children’s barred list in pursuance of paragraph 3 or 5 of Schedule 3 to the Safeguarding Vulnerable Groups Act 2006.

113CB Suitability information relating to protected adults

(1) In such cases as are prescribed, an enhanced criminal record certificate must also include suitability information relating to protected adults.

(2) Suitability information relating to protected adults is—

(a) whether the applicant is barred from regulated work with adults;

(b) if the applicant is barred from such activity, such details as are prescribed of the circumstances in which the applicant became barred;

(c) whether the Scottish Ministers are considering whether to list the individual in the adults’ list;

(d) whether the Independent Barring Board is considering whether to include the applicant in the adults’ barred list in pursuance of paragraph 9 or 11 of Schedule 3 to the Safeguarding Vulnerable Groups Act 2006.

113CC Suitability information: supplementary

(1) The Scottish Ministers may by order made by statutory instrument—

(a) amend section 113CA for the purpose of altering the meaning of suitability information relating to children;

(b) amend section 113CB for the purpose of altering the meaning of suitability information relating to protected adults.

(2) Such an order is subject to annulment in pursuance of a resolution of the Scottish Parliament.

(3) Expressions used in sections 113CA and 113CB and in the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 00) have the same meaning in those sections as in that Act, except that "prescribed" must be construed in accordance with section 125 of this Act.".

Sections 113C to 113F are repealed.>

Robert Brown

80 In schedule 4, page 56, line 4, at end insert—

<( ) in subsection (3), for "Sections 113A(3) to (6) and 113C to 113F" substitute "Section 113A(3) to (6)".>

Robert Brown

81 In schedule 4, page 56, line 14, at end insert—

<( ) in subsection (3), for "113C to 113F" substitute "113CA to 113CC".>

Robert Brown

82 In schedule 4, page 56, line 14, at end insert—

<In section 118, for subsection (3) substitute—

"(3) The Scottish Ministers must arrange the destruction of any fingerprints taken in pursuance of subsection (2) as soon as reasonably practicable after they have been used for the purpose mentioned in subsection (1).".>

Robert Brown

83 In schedule 4, page 56, line 14, at end insert—

<In section 119A(2), the words from "; and" to the end of the subsection are repealed.>

Robert Brown

84 In schedule 4, page 56, line 20, leave out <120A(4)(b)(iii),> and insert <120A—

( ) in subsection (3)(b), for "included in any list mentioned in section 113C(3) or 113D(3)" substitute "barred from regulated work with children or adults (within the meaning of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 00))",

( ) in subsection (4)(b)(iii),>

Schedule 2

Robert Brown

85 In schedule 2, page 49, line 11, leave out paragraph 21 and insert—

<Chief education officer (however called) of a council.>

Section 92

Robert Brown

86 In section 92, page 37, line 32, leave out <protected>

Section 94

Robert Brown

87 In section 94, page 38, line 37, at end insert <, or

(d) a prescribed welfare service.>

Robert Brown

88 In section 94, page 39, line 8, at end insert—

<( ) In subsection (1)(d), "welfare service" includes any service which provides support, assistance, advice or counselling to individuals with particular needs.>

Section 96

Dr Elaine Murray

89 In section 96, page 40, line 22, leave out <barred status> and insert <scheme membership>

Dr Elaine Murray

90 In section 96, page 40, line 28, leave out <barred status> and insert <scheme membership>

Robert Brown

91 In section 96, page 41, line 4, at end insert—

<"IBB" is an acronym for the Independent Barring Board established by section 1 of the Safeguarding Vulnerable Groups Act 2006 (c.47),>

Robert Brown

92 In section 96, page 41, line 30, at end insert—

<"registrar of dentists and dental care professionals" means the registrar appointed under section 14 of the Dentists Act 1984 (c.24),

"Registrar of health professionals" means the Registrar appointed under Article 4 of the Heath Professions Order 2001 (S.I. 2002/254),

"Registrar of nurses and midwives" means the Registrar appointed under Article 4 of the Nursing and Midwifery Order 2001 (S.I. 2002/253),

"registrar of pharmaceutical chemists" means the registrar appointed under section 1 of the Pharmacy Act 1954 (c.61),>

Robert Brown

93 In section 96, page 42, line 2, leave out from first <or> to <work> in line 3 and insert <that type of regulated work for the organisation (or to be offered such work by the organisation)>

Schedule 5

Robert Brown

94 In schedule 5, page 58, line 14, at end insert—

<chief officer of a relevant police force section 96(4)>

Robert Brown

95 In schedule 5, page 59, line 9, at end insert—

<IBB section 96(1)>

Robert Brown

96 In schedule 5, page 59, leave out lines 15 and 16

Robert Brown

97 In schedule 5, page 60, line 1, at end insert—

<registrar of dentists and dental care professionals section 96(1)

Registrar of health professionals section 96(1)

Registrar of nurses and midwives section 96(1)

registrar of pharmaceutical chemists section 96(1)>

Dr Elaine Murray

98 In schedule 5, page 60, line 21, leave out <barred status> and insert <scheme membership>

Section 99

Robert Brown

99 In section 99, page 43, line 3, after <88(1)> insert <or (1A)>

Schools (Health Promotion and Nutrition) (Scotland) Bill – Stage 2

Section 6

Christine Grahame

19 In section 6, page 5, line 16, at end insert—

<( ) In subsection (3)(a), after sub-paragraph (iii) (but before the word "or" immediately following it) insert—

"( ) council tax benefit;".>

Christine Grahame

20 In section 6, page 5, line 16, at end insert—

<( ) In subsection (3)(a), after sub-paragraph (iii) (but before the word "or" immediately following it) insert—

"( ) lone parent benefit run-on;".>

Christine Grahame

21 In section 6, page 5, line 16, at end insert—

<( ) In subsection (3)(a), after sub-paragraph (iii) (but before the word "or" immediately following it) insert—

"( ) housing benefit;".>

Christine Grahame

22 In section 6, page 5, line 16, at end insert—

<( ) In subsection (3)(a), after sub-paragraph (iii) (but before the word "or" immediately following it) insert—

"( ) local housing allowance;".>

Christine Grahame

23 In section 6, page 5, line 16, at end insert—

<( ) In subsection (3)(a), after sub-paragraph (iii) (but before the word "or" immediately following it) insert—

"( ) Working Tax Credit;".>

Contents An A B C D E F G H I J