The Scottish Government

Frequently asked questions

• How does the PVG Scheme differ from the current disclosure system?
• What types of disclosure services will the PVG Scheme offer?
• Will there be circumstances where people who work with children or protected adults are not required to be PVG Scheme members?
• Who will get to see individual scheme record disclosure information?
• What defines a protected adult?
• Why is the Scottish Government reviewing the scope of regulated work?
• The PVG Act defines a child as an individual under the age of 18 and protected adult as an individual aged 16 or over. Does this mean that a person who is aged 16 or 17 and in receipt of services is a child or a protected adult?
• Will the PVG Scheme check foreign workers who wish to work with children or protected adults?
• What will be the process for checking that those who countersign checks are suitable to take on this role?
• How will the scheme work and interact with other parts of the UK?
• Why two lists? - One for those who are barred from working with children and one for those who are barred from working with protected adults?
• What sort of information will the scheme hold about people and where will information come from?
• What measures are being delivered to ensure data about individuals is protected?
• Will employers become overly risk averse? For example, what would happen if someone has a driving conviction on their scheme record?
• Who will make barring decisions, what will be the process, will decisions be fair and will information be handled sensitively?
• Are there certain offences and convictions that will lead to people being barred automatically?
• Will there be a right of appeal for someone who is deemed unsuitable?
• Who will pay for disclosure checks?
• Will the scheme put people off volunteering if they have not had to undertake disclosure checks before?
• How much will it cost to join the scheme?
• When will the PVG Scheme go live?
• When will the secondary legislation required to implement the PVG scheme be introduced and will there be further consultation?
• How long will it take to check the whole vulnerable group's workforce?
• Will there be support to organisations to enable them to plan and prepare for the scheme going live?
• When will guidance and training on the new scheme be available and will there be a helpline facility?
• There may be a decrease in enhanced disclosure checking in the run up to the go live date as people won't want to pay the fee twice. What transitional arrangements are being made while the scheme goes live to avoid this?

How does the PVG Scheme differ from the current disclosure system?

The scheme offers the following improvements over the current system.

Continuous updating

Continuing to collect vetting information about an individual after the initial disclosure check has been made will ensure that new information indicating that they might have become unsuitable can be acted upon promptly.

Since Disclosure Scotland was established, a great deal has been learned about what works well and what could work better. The current enhanced disclosure provides a point in time snapshot of an individual's criminal history. An employer would not find out if - say - a week after the disclosure, the individual committed a crime. For this reason, many employers choose to re-check employees/volunteers on a regular basis. Also if a person has more than one job (either paid or unpaid) they may be asked to complete a disclosure for each post. This is very time consuming, frustrating and inefficient.

The PVG Act introduces a membership scheme for people undertaking regulated work with children and/or protected adults to join. The existing enhanced disclosure will no longer be available for people undertaking regulated work with children and protected adults. The new scheme will have a memory and individual records held by the scheme will be updated automatically when a person's circumstances change. This means that when a disclosure is required because the scheme member is changing posts or taking on an additional role it will be quick and easy for prospective employers to check whether he/she is a member of the scheme and whether there is any information held about them.

Strengthened protection for adults

The Bichard Inquiry recommended that new registration arrangements should be introduced for those working with vulnerable adults as well as with children. The PVG Act delivers the power to create, for the first time in Scotland, a list of those who are barred from working with protected adults

Effective barring

The new scheme won't just collect and disclose vetting information. It will also assess it so that individuals who are considered unsuitable on the basis of vetting information are prevented from entering, or removed from the workforce.

Under the PVG Scheme, the new adults' list and the list of those who are barred from working with children will be managed by Disclosure Scotland as an executive agency which will deliver current disclosure services, the new scheme membership service and barring function. A new team within Disclosure Scotland will collect and assess information to enable fair and consistent decisions about unsuitability to be made, on behalf of Scottish Ministers, in respect of one or both workforces.

Under current arrangements, an enhanced disclosure reveals an individual's convictions and other relevant information from the police. It also reveals whether the individual is disqualified from working with children in Scotland, England, Wales or Northern Ireland or on the list of those disqualified from working with vulnerable adults in England, Wales or Northern Ireland, where that is relevant to the post. However, no assessment is made of the convictions and police information to see whether this indicates that the individual is unsuitable to do that type of work. Unless the disclosure reveals that the individual is already disqualified from working with children, this means that the assessment of the disclosure information is left entirely to the employer.

Under the PVG scheme, broadly the same conviction and police information will appear on a Scheme Record Disclosure as appears on an enhanced disclosure. When someone seeks to join the scheme, any conviction information will be assessed by Disclosure Scotland and if they are not unsuitable, they will become a scheme member.

If the individual is already barred from working with children or/and adults, the individual will not be eligible to join the scheme and no scheme disclosure will be issued (and the individual may be prosecuted for seeking to undertake a post in regulated work while listed).

Once someone becomes a scheme member, any new vetting information will be added to their records and assessed by Disclosure Scotland, on behalf of Scottish Ministers. If an individual becomes unsuitable while a scheme member, they will be removed from the scheme and listed on one or both lists.

Therefore, a Scheme Record Disclosure will give employers the reassurance that the individual is not unsuitable for that type of work, even if the disclosure contains convictions and other police information.

However, employers will still need to assess the information to see whether the individual is suitable for the particular post for which they have applied.

Safer Recruitment Through Better Recruitment Guidance

Safer Pre and Post Employment Checks - NHS Scotland

Disclosure Scotland

CRBS website

Apex Scotland website

Safer Recruitment for Safer Services - A report in the quality of recruitment practices in registered care services - Care Commission, November 2008

Streamlined disclosures

Recognising that some people have several roles and that many people move and change jobs of over time, the scheme removes the need for people to complete multiple written disclosure applications (a cause of frustration with the current system). This means that when a disclosure is required because the scheme member is changing posts or taking on an additional role, it will be quicker, simpler and, in most cases, cheaper for prospective employers to check whether he/she is a member of the scheme and whether there is any information held about them.

Access to disclosure for personal employers

A new Statement of Scheme Membership will improve protection for vulnerable groups in instances where people are directly employed to do regulated work. Personal employers, such as a parent employing a sports coach for their child or a person employing a personal carer can ask to see an up to date Statement of Scheme Membership to confirm that the person is not barred.

More sources of vetting information

In time, it is proposed to expand sources of vetting information to include regulatory organisations and councils. The PVG Act introduced the provisions for this and the consultation on policy proposals for secondary legislation explored how this could be achieved. The Scottish Government is currently engaging with stakeholders on the processes required to ensure that information shared is proportionate, appropriate and relevant.

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What types of disclosure services will the PVG Scheme offer?

Disclosures through the PVG Scheme will replace enhanced disclosure for those who work with vulnerable groups. The PVG Act creates several types of disclosure, tailor-made for different situations.

PVG Scheme Record

A PVG Scheme Record will be requested by an employer when employing, for the first time, an individual to do regulated work with children and/or protected adults. An employer will also be able to ask for a PVG Scheme Record when a PVG Scheme Record Update (see below) highlights that new vetting information about an individual has become available.

A PVG Scheme Record will:

• confirm that the person is a PVG Scheme member and therefore, not barred from that type of regulated work;
• include vetting information;
• indicate whether the person is under consideration for listing.

A PVG Scheme Record will be sent to both the individual and the employer.

PVG Scheme Record Update

A PVG Scheme Record Update will be requested by an employer who is employing a PVG Scheme member for the first time or as part of a regular review of existing employees.

The PVG Scheme Record Update will:

• confirm that the person is a scheme member, and therefore not barred from that type of regulated work;
• specify the date of the last PVG Scheme Record;
• state whether any existing vetting information is included in the member's scheme record;
• indicate whether any new vetting information has been added to the member's scheme record and the date it was added (without detailing the substance of any such vetting information);
• indicate whether any vetting information has been removed and the date it was removed (without detailing the substance of any such vetting information).

The PVG Scheme Record Update will ultimately be available online to the individual and the employer, supported by suitable security measures. Hard copies, if requested will be sent to both the individual and the employer.

The purpose of the PVG Scheme Record Update is to enable employers to check quickly, easily and cheaply that employees or potential employees are scheme members. The PVG Scheme Record Update will also state whether the scheme holds any new vetting information that has been gathered since the date of the last PVG Scheme Record. It will not provide the detail of any new information but it will indicate whether a scheme member is under consideration for listing.

Over 90 per cent of enhanced disclosures currently show no relevant information; therefore in the vast majority of cases there would be no need for an employer to see the PVG Scheme Record. This should make the whole transaction immediate and therefore, help to speed up recruitment decisions.

In instances where there is new information, the employer will be able to request the PVG Scheme Record to enable them to see the detail of any new vetting information and therefore consider whether it is relevant to the post. The total cost of this will add up to no more that the cost of the PVG Scheme Record, which means that there will be an incentive for employers to make use of the PVG Scheme Record Update as this will be cheaper.

PVG Scheme Membership Statement

A PVG Scheme Membership Statement will be available to people in anticipation of taking up regulated work, either with an employer or on a self employed basis and to personal employers wishing to confirm that an individual is a scheme member and so is not barred.

The PVG Scheme Membership Statement will:

• confirm that the individual is a scheme member and therefore, not barred from that type of regulated work;
• indicate whether the individual is under consideration for listing.

The PVG Scheme Membership Statement will be provided to the individual and to the personal employer where one is identified. For example, A PVG Scheme Membership Statement could be requested by a personal employer such as a parent wishing to employ a sports coach for their child or a person with disabilities wishing to employ a personal carer. A PVG Scheme Membership Statement can be provided either when the person first joins the scheme or when requested by any personal employer.

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Will there be circumstances where people who work with children or protected adults are not required to be PVG Scheme members.

All those who work with children and protected adults should become PVG Scheme members. However, there are a number of examples where joining the scheme will not be appropriate as people may have significant contact with vulnerable groups but not through work.

For example, subject to the will of the Scottish Parliament, with regard to children, the Scottish Government proposes that individuals wishing to adopt a child and those who live in the same house as foster carers and childminders should not join the scheme.

Likewise, for protected adults, the Scottish Government proposes that people applying for a number of specific guardianship orders under the Adults with Incapacity (Scotland) Act 2000 should not join the PVG Scheme. In those cases, it will be suggested that an enhanced disclosure with a check of the relevant lists should be carried out instead.

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Who will get to see individual scheme record disclosure information?

An individual Scheme Record Disclosure is available to the person it concerns and the employer or potential employer. Where relevant, duplicate copies of Scheme Record Disclosures can be provided to regulatory bodies, cutting down on duplication for those roles where an individual needs to provide a disclosure to both employer and regulatory body.

It is currently an offence for disclosures to be shared with a third party. In response to the findings of the consultation on policy proposals for secondary legislation, the Scottish Government plans to introduce secondary legislation that will allow information to be shared between local authorities or heath boards and contractors providing transport services to children and/or protected adults.

There are no immediate plans to allow the sharing of disclosure information with commissioners in any of the other circumstances that were outlined in the consultation on policy proposals for secondary legislation. This was seen by consultation respondents as disproportionate and intrusive, particularly in relation to direct payments and the letting of premises.

Scottish Government Response to Consultation on Policy Proposals for Secondary Legislation

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What defines a Protected Adult?

The consultation on policy proposals for secondary legislation attracted broad support for the policy intention of ensuring that adults in receipt of health services should be afforded protection by ensuring that those individuals who provide care and support services to them are scheme members.

Section 94 of the PVG Act defines a protected adult as an individual, aged 16 or over who receives one or more type of care or welfare service. This definition recognises that some adults may always require protection due to the nature or frequency of services they receive, while others may do so only for short periods, for example, during a visit to the GP. This is why section 94 must operate in tandem with schedule 3 of the PVG Act which outlines the duties that constitute regulated work with adults.

The term 'protected adult' serves two purposes. It avoids labelling adults solely on the basis of having a specific condition or disability. It does not mean that more people will be subject to disclosure. However, it will help employers identify the services that make an adult 'protected' so that they can assess which posts constitute regulated work and are therefore within the scope of the PVG Scheme. In effect, to define those situations where an individual would be afforded the protection offered by the PVG Act.

Designating an individual as a protected adult while in receipt of a NHS or independent health care service offers the most practical way for the providers of these services to comply with the PVG Act. This is consistent with the way other parts of section 94 of the PVG Act operate. It will provide comprehensive coverage, including non-specific services like accident and emergency and ambulance, so avoiding the need for constant changing of lists of services. It is also broadly consistent with the proposals in England and Wales and Northern Ireland.

The Scottish Government plans to further clarify the health care services the delivery of which accord adults protected status under the PVG Act. For the NHS, services will be prescribed by reference to those provided or secured by health boards under the National Health Service (Scotland) Act 1978. For private/independent health care services, these will be prescribed by reference to their meaning within the Regulation of Care (Scotland) Act 2001.

Defining a category of adult to be protected in this way is proportionate as it is the most appropriate means to ensure employers operate the PVG Act as intended. It places no obligations or expectations on adults to demonstrate vulnerability and avoids categorising adults solely by a condition or disability. Proportionality is also achieved through application of the tests relating to regulated work that are outlined in Schedule 3 of the PVG Act.

Services that the Scottish Government does not intend to be covered include occupational health services, beauty/cosmetic salons, and tattoo studios.

Scottish Government Response to Consultation on Policy Proposals for Secondary Legislation

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Why is the Scottish Government reviewing the scope of regulated work?

Scottish Ministers wish to ensure that the scope of regulated work includes those positions where unsuitable people could pose a risk to vulnerable groups. However, the scheme needs to be proportionate and not include those positions where an unsuitable person would pose no real risk to children or protected adults.

For this reason, the Scottish Government plans to re-examine the scope of regulated work to ensure a proportionate approach is taken with regard to PVG Scheme membership. There will be further consultation on the draft Scottish Statutory Instrument (SSI) and the Executive Note accompanying the draft SSI will provide an explanation of the proposed changes.

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The PVG Act defines a Child as an individual under the age of 18 and a Protected Adult as an individual aged 16 or over. Does this mean that a person who is aged 16 or 17 and in receipt of services is a Child or a Protected Adult?

The majority of people who are protected adults will be over the age of 18. However, there will be circumstances where a 16 or 17 year old is in receipt of care services and is therefore both a child and a protected adult. This does not create any particular difficulty. It means that an employee who works with a person who falls into both categories may need to be a member of the scheme in respect of both types of regulated work. It is intended that this can be achieved through a single application to join the scheme (the applicant will simply tick both boxes for work with children and protected adults) and it is not proposed to charge a higher fee for applications to join both workforces.

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Will the PVG Scheme check foreign workers who wish to work with children or protected adults?

The PVG Act is Scottish legislation developed within a UK wide context. Part 5 of the Police Act 1997 is UK legislation that had been amended by both the UK and the Scottish Parliaments to create a distinct Scottish version within which the disclosure system operates. Neither the Scottish nor UK Parliaments have the legislative powers to require foreign police forces to provide information to the scheme. Foreign workers will be checked to discover whether they are known to UK information sources and membership of the scheme will ensure that any new information about them is picked up and dealt with quickly.

Employers will remain responsible for safe recruitment practice, including checking identity, references, background and verifying documentation prior to appointment. Good recruitment practice guidance is available from various sources.

Safer Recruitment through Better Recruitment Guidance

Safer Pre and Post Employment Checks - NHS Scotland

Disclosure Scotland website

CRBS website

Safer Recruitment for Safer Services - A report in the quality of recruitment practices in registered care services - Care Commission, November 2008

The Scottish Government is working with the UK Government to improve the exchange of conviction information with other European countries and non EU countries that provide significant numbers of overseas workers to the UK. However, many countries have different justice systems and policies on retaining conviction information and there are significant challenges in translating and interpreting any information that could be provided. This work is therefore complex and will take some time to bring to fruition.

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What will be the process for checking that those who countersign checks are suitable to take on this role?

This process will be the same as it is under the current disclosure system. To register with the scheme, organisations are required to provide information to prove that they are legitimate and that they do have the legal right to access the type of disclosure they are applying for. In addition, each individual counter-signatory is checked against police records to determine suitability. These checks are reviewed regularly and anyone who becomes unsuitable will have their power to request disclosures withdrawn.

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How will the scheme work and interact with other parts of the UK?

The PVG Act makes devolved provision for Scotland only. The Safeguarding Vulnerable Groups Act 2006 (SVG Act) makes provision for a scheme in England and Wales in conjunction with the SVG (Northern Ireland) Order 2007 for Northern Ireland. The vetting and barring scheme covering Scotland will interact with the England, Wales and Northern Ireland scheme operated by the Independent Safeguarding Authority, the Criminal Records Bureau and Access NI.

The policy aim of all jurisdictions involved is to create schemes that interact smoothly and effectively with one another, making them easy to use for employees and employers, while preventing any loopholes that could be exploited by those who would seek to harm vulnerable groups.

Irrespective of the jurisdiction in which an individual works with children or protected adults, the intention is that:

• the individual can move easily to work in another jurisdiction;
• if listed in one jurisdiction in respect of one type of regulated work/activity, the individual will be barred in all jurisdictions in respect of that type of regulated work/activity;
• the criteria for listing will be broadly similar in all jurisdictions;
• the information revealed through disclosure certificates will be broadly similar.

Scottish Government Response to Consultation on Policy Proposals for Secondary Legislation

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Why two lists? - One for those who are barred from working with children and one for those who are barred from working with protected adults?

The issue of whether or not there should be one or two lists was discussed during the passage of the PVG Bill and, after debate, the Scottish Parliament decided in favour of having two lists.

Clearly, some people will, by the nature of their behaviour, be unsuitable to work with any vulnerable groups and it is likely that there will be some cross-over between the lists. However, in many instances, the judgement will be much more finely drawn and a decision will need to be taken about whether the risk transfers between client groups.

Having two separate lists allows for greater flexibility to respond to cases where exclusion from both workforces would be unnecessary and disproportionate.

Experience from England and Wales (where the Protection of Children Act List and the Protection of Vulnerable Adults List operate now) has proven this. Having two separate lists, where the thresholds can be tailored for each area of regulated work, will allow for a high level of protection, while ensuring there is flexibility for proportionate decision making on the precise details of each case.

The two-list approach is also included in the Safeguarding Vulnerable Groups Act 2006 which makes provision for England and Wales. The same approach has been adopted in Northern Ireland. A similar approach for Scotland will help to avoid loopholes.

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What sort of information will the scheme hold about people and where will information come from?

Information will be gathered from a variety of sources. The information gathered is known collectively as vetting information. Where relevant, this information will be used to decide whether a person is unsuitable for regulated work. This information will be held on an individual's scheme record and will be disclosed whenever a scheme record disclosure is requested.

The core of the vetting information is conviction information retrieved from criminal justice systems and non-conviction information held by the police that they consider to be relevant to regulated work.

In addition, the PVG Act allows for vetting information to be drawn from regulatory bodies and councils. Discussions are underway with organisations about how this might work and this will not be a feature of the scheme at the point of go live.

The Scottish Government plans to introduce secondary legislation to allow the four civil orders identified in the consultation paper (namely the Risk of Sexual Harm Order, Sexual Offences Prevention Order, Notification Order and Foreign Travel Orders) to always appear on scheme record disclosures and on the residual enhanced disclosures for specific positions in respect of children or protected adults (eg adoption and Adults with Incapacity guardianship).

Scottish Government Response to Consultation on Policy Proposals for Secondary Legislation

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What measures are being delivered to ensure data about individuals is protected?

Disclosure Scotland already adheres to strict information security protocols set by CESG, the National Technical Authority for Information Assurance. In addition, Disclosure Scotland is working towards ISO27001 accreditation, in preparation for the PVG Scheme going live.

None of the information that Disclosure Scotland holds can be stored or transmitted by CD, memory stick or any removable storage device and no information can ever be transferred to, or held on, a laptop. Information is always handled within a secure environment and transferred between areas by secure, electronic links.

The security of the PVG Scheme system is being designed in from the very beginning. It will be subject to regular IT check testing (as prescribed by CESG).

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Will employers become overly risk averse? For example, what would happen if someone has a driving conviction on their scheme record?

The purpose of the PVG Scheme is to keep those who might harm vulnerable groups out of the regulated workforce. It provides an enhanced tool to help employers make safe and balanced recruitment decisions and therefore, help them to minimise any risk to children or protected adults. Employers can have confidence that, if a person is a member of the scheme, they are not unsuitable to work in that workforce. Hopefully that will make them less risk averse in deciding whether the individual is suitable for a particular post. However, the final decision about suitability must sit with employers.

A driving conviction on its own would be unlikely to lead to a person being considered unsuitable for regulated work. However it may make a person unsuitable for a particular post that involves driving.

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Who will make barring decisions, what will be the process, will decisions be fair and will information be handled sensitively?

The lists of those who are barred from working with children and protected adults will be managed by Disclosure Scotland as agency of the Scottish Government. Disclosure Scotland will continue to deliver the other disclosure services and the new range of PVG Scheme membership services and barring function. A team within Disclosure Scotland will collect and assess information to enable expert, fair and consistent decisions about unsuitability to be made on behalf of Scottish Ministers.

The intention is to make the decision making process as transparent as possible, while protecting the confidentiality of individual cases. Making decisions about unsuitability lies at the heart of the PVG Scheme and is hugely important. The Scottish Government is undertaking a considerable amount of work on risk-assessment which includes considering offence modelling, patterns of offending and evidence based research. Work is also ongoing to define the knowledge, competencies and skills required of the people who will be involved in the decision- making process. The roles of expert panel members and the contribution of external specialists in interpreting the most complex cases will be carefully considered.

It is important to remember that this is not starting from scratch. The Scottish Government has considerable experience of operating the determination process for the Disqualified from Working with Children List under the Protection of Children (Scotland) Act 2003. To date there have been no successful appeals against a listing decision. Therefore Disclosure Scotland will be starting from a strong position which will inform its development.

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Are there certain offences and convictions that will lead to people being barred automatically?

The Scottish Government plans to define limited lists of offences that will lead to automatic listing on each of the children's and adults' lists where the individual is aged 18 or over at the time of conviction. It is anticipated that there will be a high degree of overlap between the two lists, recognising that the seriousness of the crimes will indicate unsuitability to work with both vulnerable groups.

A tightly drawn list of offences based on those outlined in the consultation on policy proposals for secondary legislation, but refined further to reflect responses and further policy considerations (for example, to include murder of a child) will be set out. The draft list of offences will be further consulted on, alongside the draft Scottish Statutory Instrument. Longer term provisions will need to be put in place to amend the list in the light of new offences arising from legislation, for example the Sexual Offences (Scotland) Bill.

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Will there be a right of appeal for someone who is listed?

If a person is subject to automatic listing, there is no right of appeal against listing. This is because automatic listing only applies in circumstances where there is no conceivable reason why the individual should not be listed.

Anyone who is listed, following consideration for listing, will have three months to appeal the decision, although a Sheriff can take the decision to extend this deadline. Appeals will be heard in the Sheriff Courts. Information on the appeals process will be made available as part of guidance on the operation of the scheme.

In addition, any listed individuals will be able to apply to be removed from the list(s) if they can demonstrate a change in their circumstances (for example, a successful appeal against a conviction and a completed sentence or rehabilitation programme). In addition, they will be able to apply to Scottish Ministers for removal from the list(s) after a prescribed period of time even if their circumstances have not changed. The time limits and procedures will be set out in regulations. When a listed person applies for removal from the list, a full re-consideration of their case will be carried out, including consideration of any new information that has come to light since the original listing and any representations the individual wishes to make. They will only be removed from the list if, on the balance of probabilities, it is considered that they are no longer unsuitable to do that type of work. The same thresholds apply for removal from the list as apply for inclusion on the list in the first place.

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Who will pay for PVG Scheme membership checks?

As at present, the PVG Scheme will be fully funded through fees, which may be paid either by the applicant or the registered body requiring the disclosure. Fees for volunteers working in the voluntary sector with children and protected adults will continue to be free.

The Scottish Government's proposal is that there will be a two-tier system of charging. A higher fee will be charged for all applications to join the PVG Scheme for the first time. The higher fee will also apply on any occasion when a PVG Scheme Record is requested. The lower fee will apply to PVG Scheme Record Updates and PVG Scheme Membership Statements where the individual is already a scheme member.

The portability of scheme membership will make the overall cost less than the current regime, so the average cost to most users over the life of scheme membership is expected to fall.

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Will the scheme put people off volunteering if they have not had to undertake disclosure checks before?

The Scottish Government does not expect the PVG Scheme to deter volunteers. The new scheme will be quick and easy for people to use - a particular benefit being that it ends the need for multiple written disclosure applications so people will no longer need to spend time completing a written disclosure form for each post or activity.

The Scottish Government knows that the vast majority of people who work with vulnerable groups do so with their best interests at heart and pose no risk to the people they work with. However, history has proven that this is not always the case so all reasonable steps must be taken to stop the small number of people who would seek to do harm. Vetting and robust recruitment procedures are necessary if we are to be sure that the services and amenities that vulnerable groups use are not delivered by those who would do harm.

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How much will it cost to join the scheme?

A draft Scottish Statutory Instrument setting out the charging regime will be consulted on and the fee level will be announced after this and as soon as it can be confirmed.

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When will the PVG Scheme go live?

A date for the scheme to go live is still to be determined and will be announced well in advance to allow groups and organisations adequate time to prepare. The implementation programme is complex with a large number of interdependencies so it is not yet possible to announce the go live date. However, it will not be before 2010. More information about implementation activities can be found in the PVG Scheme Progress Bulletin.

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When will the secondary legislation required to implement the PVG Scheme be introduced and will there be further consultation?

The Scottish Government will lay the secondary legislation to the Scottish Parliament in 2010. During 2009, there will be further consultation on the following draft Scottish Statutory Instruments:

• criteria for automatic listing ;
• relevant offences (automatic consideration for listing)*;
• contractors and disclosure;
• fees;
• definition of protected adult;
• regulated work with children*; and
• regulated work with adults*, if needed.

*affirmative procedure

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How long will it take to check the whole vulnerable groups workforce?

Scheme membership will be phased in for the existing workforce using a managed process of retrospective checking. Subject to the will of the Scottish Parliament, this will commence one year after go-live and will last for a three year period, so that the entire regulated workforce should be brought onto the scheme, four years from go-live.

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Will there be support to organisations to enable them to plan and prepare for the scheme going live?

A range of support will be available to organisations, including clear and accessible guidance, training, telephone and web-based advice. In addition, the phasing of the workforce onto the PVG Scheme will be carefully planned, in partnership with organisations, to minimise the impact.

It is the intention that organisations will not incur significant additional costs to introduce the scheme as it will be replacing the existing disclosure process that organisations participate in already, while removing the repetitive elements of current arrangements.

Additional support will be made available to the voluntary sector via the Central Registered Body in Scotland which is undertaking a capacity building programme.

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When will guidance and training on the new scheme be available and will there be a helpline facility?

An advisory group of stakeholders, representing a wide range of interests is currently helping the Scottish Government to develop a comprehensive package of guidance and this will be subject to consultation.

Whilst it is recognised that stakeholders will want to see the detail of guidance as soon as possible, some of it is constrained by decisions yet to be taken on the detail of the draft secondary legislation. Other elements are constrained by the final design of systems and processes.

A timetable for the development of guidance, and the dependencies between guidance and other elements of the programme, is being developed and will be available during the implementation programme.

Training will be organised shortly before the scheme goes live. Evidence suggests that delivering training too early in the process means that the details will be forgotten before people have the opportunity to use the scheme. In addition there will be telephone and web-based support available to support implementation.

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There may be a decrease in enhanced disclosure checking in the run up to the go live date as people won't want to pay the fee twice. What transitional arrangements are being made while the scheme goes live to avoid this?

Whether organisations undertake disclosures in the run up to the scheme going live is for them to decide. They ultimately bear the risk that if they do not, they may employ listed people and therefore be committing an offence.

Inevitably there will need to be a date when the scheme becomes operational, after which point enhanced disclosures for regulated work will not be available. Managing the transition process will be critical and full details of the transitional arrangements will be available to organisations prior to the go live date.

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