Regulation 12 Transitional Provision relating to sections 45D and 45F of the PVG ActI1

Scotland

(1)

Paragraph (2) applies where—

(a)

an organisation—

(i)

has, before the relevant date, received disclosure of a scheme record under section 52 of the PVG Act or a short scheme record under section 53 of the PVG Act in relation to an individual which sets out that the individual participates in the Scheme in relation to a type of regulated work^f1, and

(ii)

on or after the relevant date, offers the individual a regulated role which is of the same type as the regulated work, or

(b)

a personnel supplier—

(i)

(ii)

on or after the relevant date, offers or supplies the individual to an organisation to carry out a regulated role which is of the same type as the regulated work.

(2)

Sections 45D(1) and 45F(2) of the PVG Act^f2 are to be read as if, for “received a Level 2 disclosure in pursuance of a request under section 18(1)(a) of the Disclosure (Scotland) Act 2020 containing a statement confirming that the individual participates in the Scheme in relation to that type of regulated role” there is substituted “received disclosure of a scheme record under section 52 of the PVG Act or a short scheme record under section 53 of the PVG Act which sets out that the individual participates in the Scheme in relation to regulated work of the same type as the regulated role”.

Annotations

Commencement

I1: Reg. 12 in force at 1.4.2025, see reg. 1(2)

Footnotes

f1: Section 91(1) of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14) (“the PVG Act”) defined ‘regulated work’ for the purposes of the PVG Act as meaning “regulated work with children or protected adults”. Section 91 was substituted by section 74(2) of the Disclosure Act and subsection (1) now defines ‘a regulated role’ as meaning “a regulated role with children or adults”.
f2: Sections 45D and 45F were inserted by section 73(2) of the Disclosure Act.