Explanatory note

Section 74 of the Disclosure (Scotland) Act 2020 (“the Disclosure Act”) amended section 91 of the Protection of Vulnerable Groups (Scotland) Act 2007 (“the PVG Act”). Paragraphs (3) and (4) of section 74 substitute schedules 2 and 3 of the PVG Act for the schedules contained in schedules 3 and 4 of the Disclosure Act. Section 74 of the Disclosure Act and these Regulations will come into force on the same day.

These Regulations modify schedules 2 and 3 of the PVG Act (as substituted by section 74(3) and (4) of the Disclosure Act). Schedule 2 defines regulated roles with children and schedule 3 defines regulated roles with protected adults.

Regulation 2 modifies schedule 2 of the PVG Act in the following ways:

• to amend the definition of “contact with children” in paragraph 3(1) of the schedule to extend it to visual communication with children (regulation 2(2)),

• to insert new activities into Part 2 of the schedule - individuals carrying out those activities will be carrying out a regulated role with children if the conditions in paragraph 1(2) of the schedule are met (regulation 2(3), (4), (5), (6) and (7)),

• to make minor textual amendments to certain activities in Part 2 of the schedule to include additional establishments and activities (regulation 2(8), (9) and (10)).

Regulation 3 modifies schedule 3 of the PVG Act in the following ways:

• to insert the concept of “unsupervised contact with protected adults” into paragraph 1 of the schedule - individuals carrying out an activity mentioned in the new paragraph 13A will be carrying out a regulated role for the purposes of the PVG Act, if carrying out the activity gives them unsupervised contact with protected adults (regulation 3(2) and (3)),

• to amend the definition of “contact with protected adults” in paragraph 3(1) of the schedule to extend it to visual communication with protected adults (regulation 3(3)),

• to insert new activities into Part 2 of the schedule - individuals carrying out those activities will be carrying out a regulated role with adults if the conditions in paragraph 1(2) of the schedule are met (regulation 3(4), (5), (6), (7), (8), (9) and (10)),

• to make minor textual amendments to certain activities in Part 2 of the schedule to include additional activities and to correct a typographical error (regulation 3(11) and (12)).