The Protection of Vulnerable Groups (Scotland) Act 2007: Section 35(2) and (3) The Protection of Vulnerable Groups (Scotland) Act 2007 (Removal of Barred Individuals from Regulated Work) Regulations 2010

Scottish Government Response

The Scottish Government would like to thank all those who took the time and effort to respond to this consultation. The information obtained helped to form an evidence based decision as to whether there should be an amendment to the current PVG 2010 Regulations.

The results from the consultation show that more than half of the respondents believe that the current provisions are suitable. A small majority also felt that the introduction of new provisions would result in an impact on businesses or organisations, including small voluntary organisations. The majority of respondents were in agreement that neither proposal would have an impact on protected equality groups.

Following the results of the consultation Scottish Ministers do not intend to amend the current 2010 Regulations. Scottish Ministers have taken this decision based on the fact that the current provisions seem to be sufficient and there is not enough evidence to support the need for change.

Since PVG go‑live in February 2011 those who have started doing regulated work in either the children's or adults' workforce and who have joined the PVG Scheme will be PVG scheme members. If, since joining the Scheme, these individuals were placed under consideration for listing or barred from working in either or both workforces their employers would have been notified by Disclosure Scotland that this was the case. And in cases where barring was notified, the employers would have been required to remove those persons from doing regulated work of the type to which the barring related.

The new proposed provisions would have had the effect of requiring organisations to carry out a PVG check on those who have remained in the same regulated work as they were in before the go-live date, and who have since then not been asked to join or who have refused to join the PVG Scheme. However, with retrospective checking coming to an end, organisations have been conscientious in asking staff who were doing regulated work at PVG go‑live to join the PVG Scheme. There are currently just over 950,000 PVG scheme members. The number of people in regulated work and not in the PVG Scheme is deemed to be small and it is likely that the vast majority of people doing regulated work are already PVG scheme members. Therefore, the additional administrative cost on businesses to implement these new provisions outweighs the perceived small benefit. In light of that, Scottish Ministers believe that the offences in the PVG legislation as it stands just now (together with the prohibitions and requirements in the 2010 Regulations as they currently stand) are sufficient.

Scottish Ministers also note the concerns raised that the new regulations could, as an unintended consequence, make the PVG Scheme seem more like a mandatory scheme and concerns were also raised about the cost impact to businesses of potentially having to do more PVG checks.

Finally with retrospection coming to an end this year, the current provisions may be looked at again if there is evidence to suggest that new provisions are required.