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Protecting Vulnerable Groups Scheme: Guidance for individuals, organisations and personal employers

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Footnotes

1 The Police Act 1997 (Criminal Records) (Scotland) Regulations 2010 ( SSI 2010/168) set out the criteria for eligibility for enhanced disclosures, for positions which are outside the scope of the PVG Scheme.

2 www.scotland.gov.uk

3 Based on experience of processing enhanced disclosure applications.

4 Protection of Vulnerable Groups (Scotland) Act 2007 (Administration of the Scheme) Regulations 2010 ( SSI 2010/193).

5 www.disclosurescotland.co.uk/understanding/dispute/

6 Section 34 of the PVG Act.

7 Section 35 of the PVG Act.

8 www.ico.gov.uk/for_the_public/your_personal_information.aspx

9 Under the Protection of Vulnerable Groups (Scotland) Act 2007 (Removal of Barred Individuals from Regulated Work) Regulations 2010 ( SSI 2010/244).

10 www.direct.gov.uk/vetting

11 www.crb.homeoffice.gov.uk/faqs/overseas.aspx

12 Section 95(5) of the PVG Act.

13 Regulation 10(3) of the Police Act 1997 (Criminal Records) (Scotland) Regulations 2006.

14 See section 94 of the PVG Act and the Protection of Vulnerable Groups (Scotland) Act 2007 (Prescribed Services) (Protected Adults) Regulations 2010 ( SSI 2010/161).

15 Registered under Part 1 of the Regulation of Care (Scotland) Act 2001.

16 Acting in exercise of functions conferred by the National Health Service (Scotland) Act 1978.

17 Independent health care service is defined by sections 2(5) and 77 of the Regulation of Care (Scotland) Act 2001.

18 Protection of Vulnerable Groups (Scotland) Act 2007 (Modification of Regulated Work with Children) Order 2010 ( SSI 2010/240).

19 Defined at paragraph 1A of schedule 2 as amended.

20 "Care home service" has the same meaning as in the Regulation of Care (Scotland) Act 2001.

21 "Independent health care service" has the same meaning as in the Regulation of Care (Scotland) Act 2001.

22 "Day care premises" means premises at which day care of children, within the meaning of section 2 of the Regulation of Care (Scotland) Act 2001, is provided.

23 See paragraph 2A and 11A of schedule 2 as amended.

24 At sections 95 and 96 and paragraph 26 of schedule 2 to the PVG Act.

25 Under provision made in the Police Act 1997 (Criminal Records) (Scotland) Regulations 2010 ( SSI 2010/168).

26 "Detention" means detention by virtue of an order of a court or under an enactment.

27 "Hospital" has the meaning given by section 108(1) (interpretation) of the National Health Service (Scotland) Act 1978.

28 "School" has the same meaning as in the Education (Scotland) Act 1980

29 "Further education institution" means a body listed under the heading "Institutions formerly eligible for funding by the Scottish Further Education Funding Council" in schedule 2 to the Further and Higher Education (Scotland) Act 2005.

30 Section 59 (provision by councils of residential and other establishments) of the Social Work (Scotland) Act 1968.

31 Section 25 (provision of care and support services by local authority) of the Mental Health (Care and Treatment) (Scotland) Act 2003.

32 See paragraph 19 of schedule 2 for full details.

33 See paragraph 20 of schedule 2 for full details.

34 See paragraph 26 of schedule 2 and definition of foster carer at section 96 of the PVG Act.

35 Paragraph 27 of schedule 2.

36 The Protection of Vulnerable Groups (Scotland) Act 2007 (Modification of Regulated Work with Adults) Order 2010 ( SSI 2010/245).

37 Regulation 10(2) of the Police Act 1997 (Criminal Records) (Scotland) Regulations 2006 ( SSI 2006/96).

38 "Adult care service" is defined at paragraph 6 of schedule 3.

39 As defined in the Regulation of Care (Scotland) Act 2001.

40 The Social Work (Scotland) Act 1968.

41 Section 25 (provision of care and support services by local authority) of the Mental Health (Care and Treatment) (Scotland) Act 2003.

42 See paragraph 10 of schedule 3 for full details.

43 Paragraph 2(a) of schedule 2 to the PVG Act.

44 Paragraph 2(b) of schedule 2 to the PVG Act.

45 Namely those at paragraphs 9 and 10 of schedule 2.

46 Paragraph 2 of schedule 3 to the PVG Act.

47 Part 3 of schedule 2 to the PVG Act.

48 Part 3 of schedule 3 to the PVG Act.

49 The PVG Scheme fees are prescribed in the Protection of Vulnerable Groups (Scotland) Act 2007 (Fees for Scheme Membership and Disclosure Requests) Regulations 2010 ( SSI 2010/167).

50 The meaning of 'qualifying voluntary organisation' is set out in regulation 7(2) of the Protection of Vulnerable Groups (Scotland) Act 2007 (Fees for Scheme Membership and Disclosure Requests) Regulations 2010 ( SSI 2010/167).

51 Provision for this is made in the Protection of Vulnerable Groups (Scotland) Act 2007 (Removal of Barred Individuals from Regulated Work) Regulations 2010 ( SSI 2010/244).

52 The circumstances are where the individual is applying to join the PVG Scheme and requesting a Scheme Record and provides their GTCS or SSSC registration number on the application form.

53 But the meaning of suitability to be regulated work (etc) is expanded by section 73 and regulations made thereunder, including the Protection of Vulnerable Groups (Scotland) Act 2007 (Health Professionals) (Health Service Lists) Regulations 2010 ( SSI 2010/191).

54 The Protection of Vulnerable Groups (Scotland) Act 2007 (Unlawful Requests for Scheme Records) (Prescribed Circumstances) Regulations 2010 ( SSI 2010/194).

55 Section 10(4) of the PVG Act.

56 "Harm" is defined at section 93 of the PVG Act.

57 The Protection of Vulnerable Groups (Scotland) Act 2007 (Referrals by Organisations and Other Bodies) (Prescribed Information) Regulations 2010 ( SSI 2010/181). Schedule 1 to these Regulations sets out the information required for referrals by organisations, employment agencies and employment businesses and schedule 2 sets out the information required from the regulatory bodies or the NHS Tribunal when they make a referral.

58 See section 12 of the PVG Act.

59 The Protection of Vulnerable Groups (Scotland) Act 2007 (Referrals by Organisations and Other Bodies) (Prescribed Information) Regulations 2010 ( SSI 2010/181) - Schedules 1 and 2.

60 Schedule 1 as amended by the Protection of Vulnerable Groups (Scotland) Act 2007 (Relevant Offences) (Modification) Order 2010 ( SSI 2010/246).

61 The information is set out in the Schedule to the Protection of Vulnerable Groups (Scotland) Act 2007 (Referrals by Courts) (Prescribed Information) Regulations 2010 ( SSI 2010/182)

62 The Protection of Vulnerable Groups (Scotland) Act 2007 (Consideration for Listing) Regulations 2010 ( SSI 2010/183).

63 Section 30 and 97(2) of the PVG Act read together require Disclosure Scotland to do this.

64 The Protection of Vulnerable Groups (Scotland) Act 2007 (Removal of Barred Individuals from Regulated Work) Regulations 2010 ( SSI 2010/244).

65 The Protection of Vulnerable Groups (Scotland) Act 2007 (Automatic Listing) (Specified Criteria) Order 2010 ( SSI 2010/241).

66 The Protection of Vulnerable Groups (Scotland) Act 2007 (Late Representations and Applications for Removal) Regulations 2010 ( SSI 2010/184).

67 The Police Act 1997 (Registration) (Scotland) Regulations 2010.

68 Published by the Scottish Ministers under section 122 of the 1997 Act (and revised version to account for introduction of the PVG Scheme).

69 Section 65 of the PVG Act.

70 Sections 66 to 69 of the PVG Act.

71 As amended by the Protection of Vulnerable Groups (Scotland) Act 2007 (Relevant Offences) (Modification) Order 2010 ( SSI 2010/246).

72 The Protection of Vulnerable Groups (Scotland) Act 2007 (Automatic Listing) (Specified Criteria) Order 2010 ( SSI 2010/241).

73 The Protection of Vulnerable Groups (Scotland) Act 2007 (Prescribed Services) (Protected Adults) Regulations 2010 ( SSI 2010/161).

74 Regulation 7(2) of the Protection of Vulnerable Groups (Scotland) Act 2007 (Fees for Scheme Membership and Disclosure Requests) Regulations 2010 ( SSI 2010/167).

75 The Protection of Vulnerable Groups (Scotland) Act 2007 (Power to Refer) (Information Relevant to Listing Decisions) Order 2010 ( SSI 2010/178).

76 The Scheme Membership Statement is called the statement of scheme membership or disclosure of scheme membership, depending on context, in the PVG Act and defined at sections 46 and 54, respectively.

77 The Scheme Record is called the scheme record disclosure in the PVG Act and defined at section 52.

78 The Scheme Record Update is called the short scheme record disclosure in the PVG Act and defined at section 53.

79 Paragraph 1(b) modified by article 3 of the Protection of Vulnerable Groups (Scotland) Act 2007 (Modification of Regulated Work with Children) Order 2010 ( SSI 2010/240), hereafter the "Regulated Work with Children Order".

80 Paragraph 1A inserted by article 4 of the Regulated Work with Children Order.

81 Paragraph 2A inserted by article 5 of the Regulated Work with Children Order.

82 Paragraph 6 substituted by article 6 of the Regulated Work with Children Order. (The effect of paragraph 6 is preserved when read with paragraph 1(b).)

83 Paragraph 11A inserted by article 7 of the Regulated Work with Children Order.

84 Paragraph 27 substituted by article 8 of the Regulated Work with Children Order.

85 Paragraph 1(b) modified by article 3 of the Protection of Vulnerable Groups (Scotland) Act 2007 (Modification of Regulated Work with Adults) Order 2010 ( SSI 2010/245), hereafter the "Regulated Work with Adults Order".

86 Inserted by article 3 of the Regulated Work with Adults Order.

87 Omitted by article 4 of the Regulated Work with Adults Order.

88 Paragraph 12 substituted by article 5 of the Regulated Work with Adults Order.