Regulation 3 Removal of non-PVG Scheme members from regulated roles

(1)

An organisation for which an individual is carrying out a type of regulated role—

(a)

is prohibited from permitting the individual to carry out that type of regulated role, and

(b)

must remove the individual from that type of regulated role,

where the individual does not participate in the PVG Scheme in relation to that type of regulated role.

(2)

But paragraph (1) does not apply to an organisation in relation to an individual who is carrying out a type of regulated role for the organisation if—

(a)

before the relevant date, the individual has applied to join the PVG Scheme in relation to that type of regulated role, and

(b)

that application has not been withdrawn or finally determined.

(3)

For the purposes of paragraph (2)(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^f1,

(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.

(4)

In this regulation—

“the PVG Scheme” means the scheme provided for by Part 2 of the PVG Act,
“type of regulated role” is to be construed in accordance with section 91(4) and (5) of the PVG Act^f2.

Annotations

Footnotes

f1: Section 46 was substituted by section 86(2) of the Disclosure (Scotland) Act 2020 (asp 13) (“the Disclosure Act”).
f2: Section 91 was substituted by section 74(2) of the Disclosure Act.