
1 
These Regulations may be cited as the Protection of Vulnerable Groups (Information for Listing and Vetting) (Scotland) Regulations 2024 and come into force on the same day as paragraph 5(2) and (13)(a)(i) of schedule 5 (consequential and minor modifications) of the Disclosure Act.
2 
In these Regulations—
 “the 2003 Act” means the Sexual Offences Act 2003,
 “the 2005 Act” means the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005,
 “the 2016 Act” means the Abusive Behaviour and Sexual Harm (Scotland) Act 2016,
 “the PVG Act” means the Protection of Vulnerable Groups (Scotland) Act 2007,
 “the Disclosure Act” means the Disclosure (Scotland) Act 2020,
 “the Sentencing Code” means the code contained in the Sentencing Act 2020 (see section 1 of that Act),
 “spent” in relation to a conviction means spent for the purpose of the Rehabilitation of Offenders Act 1974.
3 
The civil court orders set out in Part 1 of schedule 1 are prescribed for the purposes of the definition of “relevant matter” in section 18(5) (police information etc.) of the PVG Act.
4 
The details of a relevant matter set out Part 2 of schedule 1 are prescribed for the purposes of section 18(4)(b) (police information etc.) of the PVG Act.
5 
The details of a relevant matter set out in schedule 2 are prescribed for the purposes of section 49(1)(a) (vetting information) of the PVG Act.
NATALIE DON-INNES
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
31st October 2024
SCHEDULE 1
Regulations 3 and 4
PART 1
1 
A notification order made under section 97(5) of the 2003 Act.
2 
An interim notification order made under section 100(3) of the 2003 Act.
3 
A sexual harm prevention order made under—
(a) section 103A(1) of the 2003 Act, or
(b) Chapter 2 of Part 11 of the Sentencing Code.
4 
An interim sexual harm prevention order made under section 103F(3) of the 2003 Act.
5 
A sexual harm prevention order made under section 11(2) or 12(1) of the 2016 Act.
6 
An interim sexual harm prevention order made under section 21(1) of the 2016 Act.
7 
A sexual offences prevention order made under section 104(1) or 105(3) of the 2003 Act.
8 
An interim sexual offences prevention order made under section 109(3) of the 2003 Act.
9 
A foreign travel order made under section 114(3) of the 2003 Act.
10 
A sexual risk order made under section 122A(6) of the 2003 Act.
11 
An interim sexual risk order made under section 122E(3) of the 2003 Act.
12 
A sexual risk order made under made under section 27(1) of the 2016 Act.
13 
An interim sexual risk order made under section 31(1) of the 2016 Act.
14 
A risk of sexual harm order made under section 123(4) of the 2003 Act.
15 
An interim risk of sexual harm order made under section 126(3) of the 2003 Act.
16 
A risk of sexual harm order made under section 2(6) of the 2005 Act.
17 
An interim risk of sexual harm order made under section 5(3) of the 2005 Act.
PART 2
18 
In the case of a conviction, including a spent conviction—
(a) the date of the conviction,
(b) the convicting court,
(c) the offence,
(d) the method of disposal for the offence.
19 
In the case of a caution—
(a) the date of the caution,
(b) the police force which gave the caution,
(c) the offence which the person given the caution had admitted.
20 
If a notification order, made under section 97(5) of the 2003 Act, is in effect in respect of the individual—
(a) the date of that order,
(b) the notification period applying to the individual by virtue of section 98(1)(b) of that Act.
21 
If an interim notification order, made under section 100(3) of the 2003 Act, is in effect in respect of the individual—
(a) the date of that order,
(b) the period for which that order has effect by virtue of section 100(4) of that Act.
22 
If a sexual harm prevention order, made under section 103A(1) of the 2003 Act or Chapter 2 of Part 11 of the Sentencing Code, is in effect in respect of the individual—
(a) the prohibitions and requirements described in that order,
(b) the date of that order,
(c) the period for which each of the prohibitions and requirements described in that order have effect by virtue of—
(i) section 103C(2) or, as the case may be, 103D(1) of the 2003 Act, or
(ii) section 347(2) or, as the case may be, 348(1) of the Sentencing Code,
(d) details as to whether that order has been varied or renewed under section 103E(5) of the 2003 Act or, as the case may be, section 350(6) of the Sentencing Code.
23 
If an interim sexual harm prevention order, made under section 103F(3) of the 2003 Act, is in effect in respect of the individual—
(a) the prohibitions and requirements described in that order,
(b) the date of that order,
(c) the period for which that order has effect by virtue of section 103F(4) of that Act,
(d) details as to whether that order has been varied or renewed under section 103F(5) of that Act.
24 
If a sexual harm prevention order, made under section 11(2) or 12(1) of the 2016 Act, is in effect in respect of the individual—
(a) the prohibitions and requirements contained in that order,
(b) the date of that order,
(c) the period for which each of the prohibitions and requirements contained in that order has effect by virtue of section 16(3) or, as the case may be, 17(1) of that Act,
(d) details as to whether that order has been varied or renewed under section 20(1) of that Act.
25 
If an interim sexual harm prevention order, made under section 21(1) of the 2016 Act, is in effect in respect of the individual—
(a) the prohibitions and requirements contained in that order,
(b) the date of that order,
(c) the period for which each of the prohibitions and requirements contained in that order has effect by virtue of section 21(5) of that Act,
(d) details as to whether that order has been varied or renewed under section 21(10) of that Act.
26 
If a sexual offences prevention order, made under section 104(1) or 105(3) of the 2003 Act, is in effect in respect of the individual—
(a) the prohibitions and requirements described in that order,
(b) the date of that order,
(c) the period for which that order has effect by virtue of section 107(1)(b) of that Act,
(d) details as to whether that order has been varied or renewed under section 108(4) of that Act.
27 
If an interim sexual offences prevention order, made under section 109(3) of the 2003 Act, is in effect in respect of the individual—
(a) the prohibitions and requirements described in that order,
(b) the date of that order,
(c) the period for which that order has effect by virtue of section 109(4) of that Act,
(d) details as to whether that order has been varied or renewed under section 109(6) of that Act.
28 
If a foreign travel order, made under section 114(3) of the 2003 Act, is in effect in respect of the individual—
(a) the prohibitions specified in that order,
(b) the date of that order,
(c) the period for which that order has effect by virtue of section 117(1) of that Act,
(d) details as to whether that order has been varied or renewed under section 118(3) of that Act.
29 
If a sexual risk order, made under section 122A(6) of the 2003 Act, is in effect in respect of the individual—
(a) the prohibitions and requirements described in that order,
(b) the date of that order,
(c) the period for which that order, or each of the prohibitions and requirements described in that order, have effect by virtue of section 122A(8) or, as the case may be, 122C(1) of that Act,
(d) details as to whether that order has been varied or renewed under section 122D(4) of that Act.
30 
If an interim sexual risk order, made under section 122E(3) of the 2003 Act, is in effect in respect of the individual—
(a) the prohibitions and requirements described in that order,
(b) the date of that order,
(c) the period for which that order has effect by virtue of section 122E(4) of that Act,
(d) details as to whether that order has been varied or renewed under section 122E(5) of that Act.
31 
If a sexual risk order, made under section 27(1) of the 2016 Act, is in effect in respect of the individual—
(a) the prohibitions and requirements contained in that order,
(b) the date of that order,
(c) the period for which each of the prohibitions and requirements contained in that order has effect by virtue of section 28(3) or, as the case may be, 29(1) of that Act,
(d) details as to whether that order has been varied or renewed under section 30(1) of that Act.
32 
If an interim sexual risk order, made under section 31(1) of the 2016 Act, is in effect in respect of the individual—
(a) the prohibitions and requirements contained in that order,
(b) the date of that order,
(c) the period for which each of the prohibitions and requirements contained in that order has effect by virtue of section 31(5) of that Act,
(d) details as to whether that order has been varied or renewed under section 31(9) of that Act.
33 
If a risk of sexual harm order, made under section 123(4) of the 2003 Act, is in effect in respect of the individual—
(a) the prohibitions described in that order,
(b) the date of that order,
(c) the period for which that order has effect by virtue of section 123(5)(b) of that Act,
(d) details as to whether that order has been varied or renewed under section 125(3) of that Act.
34 
If an interim risk of sexual harm order, made under section 126(3) of the 2003 Act, is in effect in respect of the individual—
(a) the prohibitions described in that order,
(b) the date of that order,
(c) the period for which that order has effect by virtue of section 126(4) of that Act,
(d) details as to whether that order has been varied or renewed under section 126(5) of that Act.
35 
If a risk of sexual harm order, made under section 2(6) of the 2005 Act, is in effect in respect of the individual—
(a) the prohibitions and requirements described in that order,
(b) the date of that order,
(c) the period for which that order has effect by virtue of section 2(7)(b) of that Act,
(d) details as to whether that order has been varied or renewed under section 4(3) of that Act.
36 
If an interim risk of sexual harm order, made under section 5(3) of the 2005 Act, is in effect in respect of the individual—
(a) the prohibitions and requirements described in that order,
(b) the date of that order,
(c) the period for which that order has effect by virtue of section 5(5) of that Act,
(d) details as to whether that order has been varied or renewed under section 5(6) of that Act.
SCHEDULE 2
Regulation 5
1 
In the case of a conviction, including a spent conviction—
(a) the date of the conviction,
(b) the convicting court,
(c) the offence,
(d) the method of disposal for the offence.
2 
In the case of a caution—
(a) the date of the caution,
(b) the police force which gave the caution,
(c) the offence which the person given the caution had admitted.
3 
If a notification order, made under section 97(5) of the 2003 Act, is in effect in respect of the scheme member—
(a) the date of that order,
(b) the notification period applying to the scheme member by virtue of section 98(1)(b) of that Act.
4 
If an interim notification order, made under section 100(3) of the 2003 Act, is in effect in respect of the scheme member—
(a) the date of that order,
(b) the period for which that order has effect by virtue of section 100(4) of that Act.
5 
If a sexual harm prevention order, made under section 103A(1) of the 2003 Act or Chapter 2 of Part 11 of the Sentencing Code, is in effect in respect of the scheme member—
(a) the prohibitions and requirements described in that order,
(b) the date of that order,
(c) the period for which each of the prohibitions and requirements described in that order have effect by virtue of—
(i) section 103C(2) or, as the case may be, 103D(1) of the 2003 Act, or
(ii) section 347(2) or, as the case may be, 348(1) of the Sentencing Code,
(d) details as to whether that order has been varied or renewed under section 103E(5) of the 2003 Act or, as the case may be, section 350(6) of the Sentencing Code.
6 
If an interim sexual harm prevention order, made under section 103F(3) of the 2003 Act, is in effect in respect of the scheme member—
(a) the prohibitions described in that order,
(b) the date of that order,
(c) the period for which that order has effect by virtue of section 103F(4) of that Act,
(d) details as to whether that order has been varied or renewed under section 103F(5) of that Act.
7 
If a sexual harm prevention order, made under section 11(2) or 12(1) of the 2016 Act, is in effect in respect of the scheme member—
(a) the prohibitions and requirements contained in that order,
(b) the date of that order,
(c) the period for which each of the prohibitions and requirements contained in that order has effect by virtue of section 16(3) or, as the case may be, 17(1) of that Act,
(d) details as to whether that order has been varied or renewed under section 20(1) of that Act.
8 
If an interim sexual harm prevention order, made under section 21(1) of the 2016 Act, is in effect in respect of the scheme member—
(a) the prohibitions and requirements contained in that order,
(b) the date of that order,
(c) the period for which each of the prohibitions and requirements contained in that order has effect by virtue of section 21(5) of that Act,
(d) details as to whether that order has been varied or renewed under section 21(10) of that Act.
9 
If a sexual offences prevention order, made under section 104(1) or 105(3) of the 2003 Act, is in effect in respect of the scheme member—
(a) the prohibitions and requirements described in that order,
(b) the date of that order,
(c) the period for which that order has effect by virtue of section 107(1)(b) of that Act,
(d) details as to whether that order has been varied or renewed under section 108(4) of that Act.
10 
If an interim sexual offences prevention order, made under section 109(3) of the 2003 Act, is in effect in respect of the scheme member—
(a) the prohibitions and requirements described in that order,
(b) the date of that order,
(c) the period for which that order has effect by virtue of section 109(4) of that Act,
(d) details as to whether that order has been varied or renewed under section 109(6) of that Act.
11 
If a foreign travel order, made under section 114(3) of the 2003 Act, is in effect in respect of the scheme member—
(a) the prohibitions specified in that order,
(b) the date of that order,
(c) the period for which that order has effect by virtue of section 117(1) of that Act,
(d) details as to whether that order has been varied or renewed under section 118(3) of that Act.
12 
If a sexual risk order, made under section 122A(6) of the 2003 Act, is in effect in respect of the scheme member—
(a) the prohibitions and requirements described in that order,
(b) the date of that order,
(c) the period for which that order, or each of the prohibitions and requirements described in that order, have effect by virtue of section 122A(8) or, as the case may be, 122C(1) of that Act,
(d) details as to whether that order has been varied or renewed under section 122D(4) of that Act.
13 
If an interim sexual risk order, made under section 122E(3) of the 2003 Act, is in effect in respect of the scheme member—
(a) the prohibitions and requirements described in that order,
(b) the date of that order,
(c) the period for which that order has effect by virtue of section 122E(4) of that Act,
(d) details as to whether that order has been varied or renewed under section 122E(5) of that Act.
14 
If a sexual risk order, made under section 27(1) of the 2016 Act, is in effect in respect of the scheme member—
(a) the prohibitions and requirements contained in that order,
(b) the date of that order,
(c) the period for which each of the prohibitions and requirements contained in that order has effect by virtue of section 28(3) or, as the case may be, 29(1) of that Act,
(d) details as to whether that order has been varied or renewed under section 30(1) of that Act.
15 
If an interim sexual risk order, made under section 31(1) of the 2016 Act, is in effect in respect of the scheme member—
(a) the prohibitions and requirements contained in that order,
(b) the date of that order,
(c) the period for which each of the prohibitions and requirements contained in that order has effect by virtue of section 31(5) of that Act,
(d) details as to whether that order has been varied or renewed under section 31(9) of that Act.
16 
If a risk of sexual harm order, made under section 123(4) of the 2003 Act, is in effect in respect of the scheme member—
(a) the prohibitions described in that order,
(b) the date of that order,
(c) the period for which that order has effect by virtue of section 123(5)(b) of that Act,
(d) details as to whether that order has been varied or renewed under section 125(3) of that Act.
17 
If an interim risk of sexual harm order, made under section 126(3) of the 2003 Act, is in effect in respect of the scheme member—
(a) the prohibitions described in that order,
(b) the date of that order,
(c) the period for which that order has effect by virtue of section 126(4) of that Act,
(d) details as to whether that order has been varied or renewed under section 126(5) of that Act.
18 
If a risk of sexual harm order, made under section 2(6) of the 2005 Act, is in effect in respect of the scheme member—
(a) the prohibitions and requirements described in that order,
(b) the date of that order,
(c) the period for which that order has effect by virtue of section 2(7)(b) of that Act,
(d) details as to whether that order has been varied or renewed under section 4(3) of that Act.
19 
If an interim risk of sexual harm order, made under section 5(3) of the 2005 Act, is in effect in respect of the scheme member—
(a) the prohibitions and requirements described in that order,
(b) the date of that order,
(c) the period for which that order has effect by virtue of section 5(5) of that Act,
(d) details as to whether that order has been varied or renewed under section 5(6) of that Act.