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Consultation on Draft SSIs 2009

Protection of Vulnerable Groups Implementation: Consultation on Significant Draft Secondary Legislation, Guidance and Regulatory Impact Assessment

Start:

10 November 2009

End:

2 February 2010

During consideration of the Protection of Vulnerable Groups (Scotland) Bill at the Scottish Parliament, the previous administration gave commitments to consult on a number of the more significant Scottish Statutory Instruments (SSIs) in draft. The Scottish Government reaffirmed this commitment in the consultation on policy proposals for secondary legislation for the PVG Scheme in 2007.

We are now consulting on seven draft SSIs, a partial Regulatory Impact Assessment (RIA) and the draft guidance. Links to each of these documents can be found in the table below. You can respond in three ways:

  • by completing by hand the response form at the end of the Executive Note accompanying each SSI and at the end of the RIA and the guidance document; or
  • using the generic response form (in MS Word format), towards the bottom of the table below.

We must receive your response by 2 February 2010. Due to the tight timetable for completing the drafting of these documents, we will not be able to consider late responses.

There is no draft SSI on retrospective checking published at this time. This is because this will not begin until one year after the PVG Scheme goes live and so the SSI is not required for 2010. A draft will be published for consultation later in 2010.

More information about secondary legislation already laid before the Scottish Parliament and copies of other draft SSIs (not for consultation).

Consultation Documents
Synopsis
Automatic Listing Order

The Protection of Vulnerable Groups (Scotland) Act 2007 (Automatic Listing) (Specified Criteria) Order 2010

Consultation on the criteria (in terms of convictions for particularly serious offences) which will lead to automatic listing (i.e. without the opportunity for the individual to make representations).

Automatic Consideration for Listing Order

The Protection of Vulnerable Groups (Scotland) Act 2007 (Relevant Offences) (Modification) Order 2010

Consultation on criteria (in terms of convictions for relatively serious offences against children) which will automatically lead to consideration for listing on the children's list.

Contractors and Disclosure Regulations

The Protection of Vulnerable Groups (Scotland) Act 2007 (Unlawful Requests for Scheme Records) (Prescribed Circumstances) Regulations 2010

Consultation on the circumstances in which the commissioners of services (e.g. local authority) can ask to see the disclosures provided to a contractor (e.g. bus company) in respect of employees of the contractor (e.g. bus drivers) doing regulated work for the commissioner (e.g. driving school buses).

Fees Regulations

The Protection of Vulnerable Groups (Scotland) Act 2007 (Fees for Scheme Membership and Disclosure Requests) Regulations 2010

Consultation on the fees payable for PVG Scheme membership and disclosures and the circumstances in which those fees are waived (for volunteers working for voluntary organisations).

Protected Adult Regulations

The Protection of Vulnerable Groups (Scotland) Act 2007 (Prescribed Services) (Protected Adults) Regulations 2010

Consultation on the health and welfare services, receipt of which makes an individual a protected adult for the purposes of the PVG Scheme.

Regulated Work with Children Order

The Protection of Vulnerable Groups (Scotland) Act 2007 (Modification of Regulated Work with Children) Order 2010

Consultation on provision making changes to the scope of regulated work with children (set out in schedule 2 to the PVG Act) which affects who should be a PVG Scheme member.

Regulated Work with Adults Order

The Protection of Vulnerable Groups (Scotland) Act 2007 (Modification of Regulated Work with Adults) Order 2010

Consultation on provision making changes to the scope of regulated work with adults (set out in schedule 3 to the PVG Act) which affects who should be a PVG Scheme member.

Partial Regulatory Impact Assessment

RIA No. 2009/03

Consultation on the assessment of the impact of the PVG Scheme on public bodies, businesses and voluntary organisations. This partial Regulatory Impact Assessment (No. 2009/03) focuses on the impact of the PVG Act and seven significant draft SSIs also to be published for consultation.
Draft Guidance
Consultation on draft guidance designed to help individuals and organisations comply with the terms of the PVG Act and make most effective use of the PVG Scheme.
Response Forms

Closing date:

  • 2 February 2010

Each of the above consultations has a response form included at the end of the document.

If you wish to respond ELECTRONICALLY you can do so either:

  • by submitting your response via an MS Word form, or
  • by completing the online response form.


Page updated: Wednesday, November 11, 2009