Paragraph 10 The National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004

(1)

The National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004^f1 are amended as follows.

(2)

In regulation 2 (interpretation)—

(a)

for the definition of “barred from regulated work”, substitute—

““barred from regulated roles” means barred from regulated roles with children or adults within the meaning of section 92(1) or (2) (individuals barred from regulated roles) of the 2007 Act,”,

(b)

after the definition of “corresponding decision” insert—

““Disclosure Act” means the Disclosure (Scotland) Act 2020,”,

(c)

after the definition of “health case”, insert—

““Level 2 disclosure application” means an application under section 11 of the Disclosure Act,”,

(d)

after the definition of “provider of primary medical services”, insert—

““PVG Scheme Level 2 disclosure” means a Level 2 disclosure (within the meaning given in section 8 of the Disclosure Act) to which section 17 of the Disclosure Act applies,”,

(e)

in the definition of “scheme member”—

(i)

in sub-paragraph (a), for “regulated work with children, as defined in section 91(2) (regulated work) of the 2007 Act” substitute “a regulated role with children as defined in section 91(2) (regulated roles) of the 2007 Act”,

(ii)

in sub-paragraph (b), for “regulated work” substitute “a regulated role”,

(f)

the definitions of the following expressions are omitted—

“disclosure record”,
“disclosure request”.

(3)

In regulation 6 (application for inclusion in the primary medical services performers list and notification of changes)—

(a)

in paragraph (1), for “disclosure request and disclosure record” substitute “Level 2 disclosure application and PVG Scheme Level 2 disclosure”,

(b)

in paragraph (3)(d), for “disclosure record” substitute “PVG Scheme Level 2 disclosure”.

(4)

In regulation 9(1)(f) (removal from primary medical services performers lists), for “work” substitute “roles”.

(5)

In schedule 1 (information, declarations, undertakings, consents, disclosure request and disclosure record to be included in an application for inclusion in a primary medical services performers’ list), in paragraph 5—

(a)

the existing text becomes sub-paragraph (1),

(b)

in sub-paragraph (1) (as created by sub-paragraph (a))—

(i)

in head (a), for “a disclosure request for any disclosure record” substitute “a Level 2 disclosure application for a PVG Scheme Level 2 disclosure”,

(ii)

for head (b), substitute—

“(b)

where required by the Health Board under that regulation, any existing PVG Level 2 disclosure or scheme record the applicant holds.”,

(c)

after sub-paragraph (1) (as created by sub-paragraph (a)), insert—

“(2)

For the purposes of this paragraph, “scheme record” means a document disclosed by the Scottish Ministers under section 52 of the 2007 Act which—

(a)

sets out the type of regulated work (with children or adults) in relation to which the individual is a scheme member,

(b)

confirms that the scheme member is not barred from doing that work,

(c)

states if the Scottish Ministers are considering whether to list the scheme member, and

(d)

contains vetting information about the scheme member which the Scottish Ministers discovered as a result of enquiries or arrangements made under section 47 of the 2007 Act.”.

(6)

The heading of schedule 1 becomes “information, declarations, undertakings, consents, Level 2 disclosure application and PVG Scheme Level 2 disclosure to be included in an application for inclusion in a primary medical services performers’ list”.

Annotations

Footnotes

f1: S.S.I. 2004/114 as relevantly amended by S.S.I. 2005/333, S.S.I. 2006/136, S.S.I. 2007/207, S.S.I. 2007/413, S.S.I. 2008/27, S.S.I. 2011/55, S.S.I. 2011/392, S.S.I. 2013/77, S.S.I. 2018/67, S.S.I. 2018/66 and S.I. 2006/1914, S.I. 2007/3101, S.I. 2010/234, S.I. 2013/235 and S.I. 2023/1071.