Explanatory note

These Regulations make provision under sections 70(1) and (2) of the Protection of Vulnerable Groups (Scotland) Act 2007 (“the PVG Act”) for the fees payable in respect of applications to join the PVG Scheme and for confirmation of scheme membership. They also make provision under section 61(1), (2)(a) and (b) and (3) of the Disclosure (Scotland) Act 2020 (“the Disclosure Act”) in respect of applications for Level 1 and Level 2 disclosures.

Regulation 2 sets out the fees payable for applications to join the PVG Scheme and for requests for confirmations of scheme membership under section 54 of the PVG Act.

Regulation 3 sets out the fees payable for Level 1 disclosures under section 2 of the Disclosure Act and Level 2 disclosures under section 11 of the Disclosure Act. Regulation 3(3) sets out that for a Level 2 disclosure to which section 17 of the Disclosure Act applies (“a PVG Scheme Level 2 disclosure”) the fee is reduced to £18.

Regulation 4(1) makes provision for the waiver of the fee for one request for a confirmation of scheme membership under section 54 of the PVG Act where that request is made at the same time as the individual applies to join the PVG Scheme so that the individual is charged only in relation to their application to join the PVG Scheme. Regulation 4(2) makes provision for the waiver of the reduced fee for a PVG Scheme level disclosure where the application for that disclosure is made at the same time as the individual applies to join the PVG Scheme, again, so that the individual is charged only in relation to their application to join the PVG Scheme.

Regulation 5 makes provision for the waiver of fees for applications to join the PVG Scheme and applications for PVG Scheme Level 2 disclosures for individuals who are carrying out a regulated role in a voluntary and unpaid capacity for a qualifying voluntary organisation (as defined in regulation 5).