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Footnotes
1. Certain provisions of the Safeguarding Vulnerable Groups Act 2006 extend to Northern Ireland and the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 replicates other provisions of that Act which do not themselves extend to Northern Ireland.
2. As defined by the Protection of Children (Scotland) Act 2003.
3. As defined by the Police Act 1997 (Criminal Records) (Scotland) Regulations 2006.
4. See section 52 of the Act.
5. See section 53 of the Act.
6. See section 46 of the Act.
7. See section 54 of the Act.
8. Regulations under section 94(1)(b) and (d) of the Act.
9. The duty to issue guidance is at section 84.
10. Section 91 and schedule 2 to the Act.
11. Section 94 of the Act.
12. The specific circumstances would need to be set out in regulations under section 67(3)(b).
13. Section 81 of the Act repeals section 120(3) of the 1997 Act and introduces a new section 120ZB with expanded powers to make regulations about conditions of registration.
14. Section 94.
15. Paragraph 3 of schedule 3.
16. Services provided or contracted for by a health body that are prescribed in regulations under the National Health Service(Scotland) Act 1978.
17. Paragraph 2 of schedule 3 to the Act.
18. Services as described within section 2(5) and 77 of the Regulation of Care (Scotland) Act 2001.
19. By regulations made under section 67(3)(b) of the Act.
20. Section 94(4) of the Act defines "direct payment" by reference to section 12B of the Social Work (Scotland) Act 1968.
21. Section 120ZB(2)(f) and (g) of the Police Act 1997, as inserted by section 81(2) of the Act.
22. See sections 2 to 6, 8 and 10 of the Act.
23. See sections 7 and 11 of the Act.
24. See section 12 of the Act.
25. See section 13 of the Act.
26. Sections 3(1) and (2), 4, 5, 6(2), 7(1) and (3) and 8(1).
27. See section 9 of the Act.
28. See section 6 of the Act.
29. Using powers at sections 17 to 20 of the Act.
30. Section 14 of the Act.
31. See the consultation paper 'Safeguarding Vulnerable Groups Act 2006 and the Northern Ireland Order 2007 Barring Consultation'
32. See sections 7(1), 11(2) and 32 and schedule 1 of the Act.
33. Section 11(3)(b) and 11(4)(b) of the Act.
34. Sections 17, 18, 19 and 20.
35. Section 42(1).
36. Section 25(3)(b).
37. Section 49(1)(b) of the Act.
38. Section 49(1)(d) of the Act.
39. See in particular sections 8(2), 17(5)(c), 19(3), 30(7) and 73(c)-(e) of the Act. Provision at section 30(7) will be extended through a section 60 order under the Health Act 1999.
40. By harm we intend to attract the broad definition used at section 93 of the Act which encompasses, for example, psychological harm and incitement to harm.
41. Adult Protection Committees will be established by section 42 of the Adult Support and Protection (Scotland) Act 2007.
42. Section 57(1) of the Act.
43. Using the power at section 49(1)(d) of the Act.
44. Section 78(2) of the Act amends the regulation-making power at section 113A of the Police Act 1997 to allow for prescribed civil court orders to be included on standard and enhanced disclosures.
45. By regulations made under section 35(2) and (3) of the Act.
46. Section 35(1) and 36(1)) of the Act.
47. Using the powers at section 35(3) and 100(2).
48. Section 70 of the Act.
49. Section 70(3) of the Act.
50. Section 85 of the Act.
51. Section 87 of the Act, section 54 of the SVG Act and section 104 of the Scotland Act 1998.
52. 'Temporarily' here means long enough to qualify as regulated activity under the SVG Act. Under the SVG Act for an activity to qualify as regulated activity it must be frequent, overnight or take place on more than 2 days in a 30 day period.
53. Section 39 and 40 of the Act.
54. This power was used to transfer the Disclosure Scotland staff into the Scottish Government on 1st October 2007. See S.S.I. 2007 No. 417.
55. The first Commencement Order has been made. See S.S.I. 2007 No. 385.
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