Protection of Vulnerable Groups Implementation: Consultation on Significant Draft Secondary Legislation, Guidance and Regulatory Impact Assessment
Scottish Government Response
The Scottish Government published its response to the Consultation on Significant Draft SSIs, draft guidance and RIA on 23 April 2010.
Consultation Responses
The Scottish Government received 108 responses to the Consultation on the Significant Draft SSIS, draft guidance and RIA.
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.
The Scottish Government recently consulted on seven draft SSI's, a partial Regulatory Impact Assessment (RIA) and the draft guidance. Links to each of these documents can be found in the table below. The closing date for responses was 2 February 2010 and the Scottish Government will publish its response shortly.
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. |