Protection of Vulnerable Groups (Scotland) Act 2007 (Power to Refer) (Information Relevant to Listing Decisions) Order 2010 (SSI 2010/178)
Do we agree to report that the drafting of the order is defective in that it does not specify “relevant functions” of the NHS tribunal, as required by section 8(3)(d) of the 2007 act? We note that the Scottish Government intends to bring forward an amendment order before the order comes into force.
Given that it is intended that a finding of fact by the NHS tribunal for the purposes of section 17(5) of the 2007 act is a finding of fact made in proceedings before the NHS tribunal, do we agree to report that article 3 could be clearer in that regard?
Protection of Vulnerable Groups (Scotland) Act 2007 (Applications for Removal from List and Late Representations) Regulations 2010 (SSI 2010/179)
Are members content with the Scottish Government’s response?
We will report accordingly.
Protection of Vulnerable Groups (Scotland) Act 2007 (Savings and Transitional Provisions) Order 2010 (SSI 2010/180)
Do we agree to find the Scottish Government’s response to questions 1 and 2 satisfactory, but to express the view that it might be of assistance to anyone who reads the order to include in the explanatory note or in any guidance to be published a comment to the effect that the time limits are those laid down in the sheriff court ordinary cause rules, in respect of article 11(2)(a), and in the rules of the Court of Session 1994, in respect of articles 11(2)(c) and 11(3)(b)?
Protection of Vulnerable Groups (Scotland) Act 2007 (Referrals by Organisations and Other Bodies) (Prescribed Information) Regulations 2010 (SSI 2010/181)
Can we agree to report that the regulations are not sufficiently clear as to the limits of the duties imposed under sections 3(1), 3(2), 4, 5, 6(2) and 8(1) of the 2007 act, consequent on the use of the word “including” in paragraphs 1 and 9 of schedule 1 and paragraphs 1 and 9 of schedule 2 to the regulations?
Protection of Vulnerable Groups (Scotland) Act 2007 (Referrals by Courts) (Prescribed Information) Regulations 2010 (SSI 2010/182)
Can we agree to report that the regulations are not sufficiently clear as to the limits of the duties imposed under sections 7(1) and 7(3) of the 2007 act, consequent on the use of the word “including” in paragraphs 2 and 5 of the schedule to the regulations? The issue is significant in particular because paragraph 2 relates to identity details relating to an individual, and issues of sensitivity might arise.
Protection of Vulnerable Groups (Scotland) Act 2007 (Vetting Information) Regulations 2010 (SSI 2010/189)
Police Act 1997 (Alteration of the Meaning of Suitability Information relating to Children and Protected Adults) (Scotland) Order 2010 (SSI 2010/190)
Protection of Vulnerable Groups (Scotland) Act 2007 (Health Professionals) (Health Service Lists) Regulations 2010 (SSI 2010/191)
Protection of Vulnerable Groups (Scotland) Act 2007 (Prescribed Manner and Place for the Taking of Fingerprints and Prescribed Personal Data Holders) Regulations 2010 (SSI 2010/192)
Protection of Vulnerable Groups (Scotland) Act 2007 (Administration of the Scheme) Regulations 2010 (SSI 2010/193)
Protection of Vulnerable Groups (Scotland) Act 2007 (Unlawful Requests for Scheme Records) (Prescribed Circumstances) Regulations 2010 (SSI 2010/194)
Arbitral Appointments Referee (Scotland) Order 2010 (SSI 2010/196)
Sports Grounds and Sporting Events (Designation) (Scotland) Order 2010 (SSI 2010/199)