http://www.legislation.gov.uk/asp/2007/14/part/1/crossheading/information-relevant-to-listing-decisionsProtection of Vulnerable Groups (Scotland) Act 2007An Act of the Scottish Parliament to bar certain individuals from working with children or certain adults; to require the Scottish Ministers to keep lists of those individuals; to make further provision in relation to those lists; to establish a scheme under which information about individuals working or seeking to work with children or certain adults is collated and disclosed; to amend Part 5 of the Police Act 1997; to amend the meaning of school care accommodation service in the Regulation of Care (Scotland) Act 2001; and for connected purposes.texttext/xmlenStatute Law Database2026-04-28Expert Participation2026-04-01 Protection of Vulnerable Groups (Scotland) Act 2007s. 13A-13CDisclosure (Scotland) Act 2020s. 76(2)s. 96s. 97Protection of Vulnerable Groups (Scotland) Act 2007sch. 2 para. 31(1)Children (Care and Justice) (Scotland) Act 2024sch. para. 25(2)(a)(i)s. 38(3) Part 1171Ministers must, before making a decision under section 15 or 16—agive the individual whom they are considering whether to list an opportunity to make representations as to why the individual should not be listed, andbconsider any such representations.2Ministers may, when deciding whether to list an individual, also consider—aany information which caused them to consider listing the individual,bany information relating to the individual which they obtain—iin pursuance of a requirement made under any of sections 18 to 20, oriiby performing their functions in relation to the Scheme, andcany other information which they think relevant.3An individual who is given an opportunity to make representations under subsection (1) must be given the opportunity to make representations in relation to all of the information on which Ministers intend to rely in deciding whether to list the individual.4The opportunity to make representations under subsection (1) does not include the opportunity to make representations that any relevant finding of fact was wrongly made.5A relevant finding of fact is a finding of fact—amade in legal proceedings,bmade in a relevant inquiry report (other than a report relating to an inquiry of the type mentioned in sub-paragraph (ii) of section 31(2)(a)),cmade in proceedings before one of the following bodies or any of its committees—i the General Pharmaceutical Council,iithe General Chiropractic Council,iiithe General Dental Council,ivthe General Medical Council,vthe General Optical Council,vithe General Osteopathic Council,viithe General Teaching Council for Scotland,viii the Health and Care Professions Council ,ixthe Nursing and Midwifery Council,x. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .xithe Scottish Social Services Council, ...xiiSocial Care and Social Work Improvement Scotland, ordmade by any other person, or in any other circumstance, specified by order made by Ministers.6Subsections (1) and (3) do not apply if Ministers do not know and cannot reasonably ascertain the individual's whereabouts.181Ministers may, for the purpose of enabling or assisting them to decide whether to list an individual, require the chief constable ... to provide them with any information relating to the individual which the chief constable ... thinks might be relevant in relation to the type of regulated role concerned.2The chief constable must not provide information to Ministers under subsection (1) if the chief constable thinks that disclosing it to the individual to whom it relates would be contrary to the interests of the prevention or detection of crime.3Ministers must pay the Scottish Police Authority such fee as Ministers think appropriate for information provided under subsection (1).4Ministers may, for the purpose of enabling or assisting them to decide whether to list an individual, require—aany person who holds records of convictions, cautions or other information for the use of police forces generally to provide them with any information relating to the individual which the record holder thinks might be relevant in relation to the type of regulated role concerned,bany person who holds central records to provide them with the prescribed details of every relevant matter relating to the individual that is recorded in those records.5In subsection (4)(b)—“central records” has the meaning given in section 69 of the Disclosure (Scotland) Act 2020,“relevant matter” means—a conviction that is not a non-disclosable conviction within the meaning of section 9 of the Disclosure (Scotland) Act 2020, a conviction that is not a non-disclosable children’s hearing outcome within the meaning of section 10 of that Act, a caution within the meaning given in section 69 of that Act that is not spent by virtue of schedule 3 of the Rehabilitation of Offenders Act 1974, anda prescribed civil court order.191Ministers may, for the purpose of enabling or assisting Ministers to decide whether to list an individual, require—aany person who holds vetting information of a type prescribed under section 49(1)(d) to provide them with any such vetting information relating to the individual,bany of the persons set out in subsection (3) to provide them with any information held by the person which Ministers think might be relevant.2Information provided under subsection (1)(b) may, in particular, be information which relates to—athe regulated role concerned, orbthe protection of children or protected adults in general, or of any child or protected adult in particular.3The persons who may be required to provide information under subsection (1)(b) are—CouncilsThe General Teaching Council for ScotlandHealth Boards and Special Health Boards An integration joint board established by order under section 9 of the Public Bodies (Joint Working) (Scotland) Act 2014 Healthcare Improvement Scotland His Majesty’s Chief Inspector of Education in ScotlandHer Majesty's Chief Inspector of Prisons for Scotland...The Registrar of ChiropractorsThe registrar of dentists and dental care professionalsThe registrar of the General Medical CouncilThe registrar of the General Optical CouncilThe Registrar of health professionalsThe Registrar of Independent Schools in ScotlandThe Registrar of nurses and midwivesThe Registrar of Osteopaths The registrar of pharmacists ...The Scottish Social Services Council Social Care and Social Work Improvement Scotland ...Any other person specified in an order made by Ministers201Ministers may require a person falling within subsection (2) to provide them with any information held by the person which Ministers think might be relevant for the purpose of enabling or assisting them to decide whether to list an individual.2A person falls within this subsection if—athe individual is carrying out, or has carried out, a regulated role for the person,bthe individual has been offered a regulated role by the person (whether or not the individual subsequently carried out the role), cit is an employment agency which has offered or supplied, or made arrangements with a view to offering or supplying, the individual to another person for a regulated role (whether or not the arrangements are still in place), ordit is an employment business which employs or has employed the individual to carry out a regulated role for another person.3A person who fails, without reasonable excuse, to comply with a requirement made under subsection (1) is guilty of an offence and liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.S. 17(5)(d) in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.Words in s. 19(3) 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. 14 para. 30(b); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.Words in s. 19(3) inserted (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 12(4) (with s. 96); S.S.I. 2021/380, reg. 2, sch.S. 19(3) entry repealed (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. 14 para. 30(a); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.Words in s. 20(2)(a) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(15)(a)(i) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.S. 20 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)Word in s. 18(4)(a) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(13) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.Words in s. 18(1) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 36(2)(a)(i); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)S. 18(4)(b) 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), s. 97, sch. 5 para. 5(2)(a) (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.Words in s. 19(3) 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(b); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.S. 17(5)(c)(xii) added (1.10.2010 for specified purposes) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 29(c); S.S.I. 2010/321, art. 3, Sch.S. 18 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)Word in s. 18(1) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(13) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.S. 18(5) inserted (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(2)(b) (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.Words in s. 18(1) repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 36(2)(a)(ii); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)Words in s. 20(2)(d) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(15)(a)(iv) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.S. 17(5)(d) in force at 28.2.2011 in so far as not already in force by S.S.I. 2011/157, art. 2(a)Words in s. 18(2) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 36(2)(b)(i); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)Words in s. 19(3) substituted (27.9.2010) by The Pharmacy Order 2010 (S.I. 2010/231), art. 1(5), Sch. 4 para. 16(b); S.I. 2010/1621, art. 2(1), Sch.Words in s. 18(2) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 36(2)(b)(ii); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)Words in s. 18(3) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 36(2)(c); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)Words in s. 20(2)(c) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(15)(a)(iii) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.S. 19(3) entry repealed (1.4.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011 (S.S.I. 2011/211), art. 1, Sch. 1 para. 19(a)S. 17(5)(c)(x) repealed (1.10.2010 for specified purposes) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 29(a); S.S.I. 2010/321, art. 3, Sch.Words in s. 20(2)(b) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(15)(a)(ii) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.Words in s. 17(5)(c)(viii) substituted (1.8.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 56(f); S.I. 2012/1319, art. 2(4)S. 19(3) in force at 12.10.2010 by S.S.I. 2010/344, art. 2(a)(ii)Words in s. 17(5)(c)(i) substituted (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 12(3) (with s. 96); S.S.I. 2021/380, reg. 2, sch.S. 19(1)(2) in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)Word in s. 18(4)(b) 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)(a); S.S.I. 2025/27, reg. 3, sch.S. 20 title substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(15)(b) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.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.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.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.S. 17(1)-(4)(5)(a)-(c)(6) in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)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)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)