Regulation 11 Transitional provision relating to section 45C of the PVG ActI1

Scotland

(1)

It is not an offence under section 45C of the PVG Act^f1 for an individual to carry out any type of regulated role where that individual does not participate in the Scheme^f2 in relation to that type of regulated role if—

(a)

before 1 July 2025, the individual has applied to join the Scheme in relation to that type of regulated role, and

(b)

that application has not been withdrawn or finally determined.

(2)

For the purposes of paragraph (1)(b), an application is finally determined when—

(a)

a confirmation of scheme membership is provided to the individual under section 46(1) of the PVG Act^f3,

(b)

a Level 2 disclosure is provided to the individual under section 11 of the Disclosure Act, or

(c)

the Scottish Ministers notify the individual that the application will not be considered by them in accordance with section 71(3) of the PVG Act^f4.

(3)

In this regulation, “type of regulated role” is to be construed in accordance with section 91(4) and (5) of the PVG Act (as substituted by section 74(2) of the Disclosure Act).

Annotations

Commencement

I1: Reg. 11 in force at 1.7.2025, see reg. 1(4)

Footnotes

f1: Section 45C was inserted by section 73(2) of the Disclosure Act.
f2: Section 44 of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14) defines the Scheme for the purposes of that Act. Section 44 was amended by paragraph 10(28) of schedule 5 of the Disclosure Act.
f3: Section 46 was substituted by section 86(2) of the Disclosure Act.
f4: Section 71(3) was amended by paragraph 10(42)(b) of schedule 5 of the Disclosure (Scotland) Act 2020 (“the Disclosure Act”).