Legislation – The Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 (Fees) (Coronavirus) Amendment Regulations 2022

2022 No. 34
Children And Young Persons
Protection Of Vulnerable Adults
Police

The Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 (Fees) (Coronavirus) Amendment Regulations 2022

Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 112(1)(b), 113A(1)(b), 113B(1)(b), 114(1)(b) and 116(1)(b) of the Police Act 19971 and section 70(1) and (2) of the Protection of Vulnerable Groups (Scotland) Act 20072, and all other powers enabling them to do so.

In accordance with section 70(3) of the Protection of Vulnerable Groups (Scotland) Act 2007, the Scottish Minsters have had regard to the circumstances in which the fees are payable, and the desirability of maintaining an appropriate balance among the quality of performance of their vetting, barring and disclosure functions, the cost of that performance and the fees paid to them in respect of that performance.

1

1997 c. 50 (“the 1997 Act”); section 112(1) was amended by the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14) (“the 2007 Act”) and S.S.I. 2006/50; sections 113A and 113B were inserted by the Serious Organised Crime and Police Act 2005 (c. 15) (“the 2005 Act”) and relevantly amended by the 2007 Act; sections 114 and 116 were relevantly amended by S.S.I. 2006/50 and the 2007 Act. Section 125(1) of the 1997 Act provides that anything authorised or required by any provision of that Part of the Act to be prescribed shall be prescribed by regulations made by the Secretary of State. Section 126(3) of the 1997 Act, as inserted by section 166(2) of the 2005 Act, provides that in the application of Part 5 to Scotland, references to the Secretary of State must be construed as references to the Scottish Ministers.

2

2007 asp 14. Section 97(1) contains a definition of “prescribed” relevant to the exercise of the statutory powers under which these Regulations are made.