1. PVG ACT VETTING AND BARRING SCHEME Dave McLeod Adult Protection Legislation Team

2. Why? Bichard Inquiry Recommendation 19 – “ New arrangements should be introduced requiring those who wish to work with children, or vulnerable adults, to be registered. This register would confirm that there is no known reason why an individual should not work with these client groups.”

3. PoCSA - Referrals 462(265 orgs/197 courts) -Listed 291(197 courts/94 by Panel) PoVA -Listed 1584(October 2008) -Provisionally listed – 433 -200 referrals per month

4. Key Changes? End point in time disclosure Continuous updating Create adults barred list Replace reactive barring on children’s list End repeated disclosure applications Consistency of decision-making ‘Unsuitability’ for regulated workforce(s) Electronic interfaces across UK

5. Scheme Disclosures Scheme record disclosure - by employer for new employees into regulated work Short scheme record disclosure - by employer taking on existing scheme member/or part of regular review Statement of scheme membership - by individuals intending to take up regulated work with employer, or on self-employed basis Disclosure of scheme membership - by personal employer employing individual to do regulated work

6. Regulated Work? Schedule 2 – children Schedule 3 - protected adults Primarily for employers to decide - offence Self-employed need to be aware - offence Offence to seek scheme disclosures falsely Proportionality - Trustees?

7. Implications Cost – two-tier system -higher fee to join 1 st time & for full check -lower fee for short scheme & disclosure of scheme checks(where already scheme member) Fee structure -draft SSI consulted upon -actual fee levels dependant on several factors -free disclosures for volunteers in vol. sector Retrospection Referrals – section 9 offence Training

8. When will it happen? Consultation on draft SSIs – Spring 2009 Parliamentary process – Autumn 2009 Guidance issued - late 2009? Commencement – Spring 2010?

9. Keeping in touch www.scotland.gov.uk/pvglegislation