The Regulated Roles (Prohibitions and Requirements) (Scotland) Regulations 2024

Explanatory note

Reproduced verbatim from the instrument as published on legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). The note is prepared by the responsible government department and is not part of the instrument itself.

These Regulations make provision in relation to the removal of individuals from regulated roles in certain circumstances.

Regulations 2 and 4 of these Regulations replace and revoke the Protection of Vulnerable Groups (Scotland) Act 2007 (Removal of Barred Individuals from Regulated Work) Regulations 2010.

Regulation 2 provides that where an organisation for which an individual is carrying out a type of regulated role receives notification under section 30(2)(a) of the Protection of Vulnerable Groups (Scotland) Act 2007 (“ the PVG Act ”) that the individual has been barred from that type of regulated role, the organisation is prohibited from permitting the individual to continue to carry out that type of regulated role and must remove the individual from the regulated role.

It is an offence under section 35(4) of the PVG Act for an organisation to fail to comply with regulation 2 of these Regulations and the penalties for such an offence are set out in section 37 of the PVG Act.

Regulation 3(1) provides that an organisation is prohibited from permitting an individual to carry out a type of regulated role and must remove the individual from the regulated role unless that individual participates in the PVG Scheme in relation to that type of regulated role.

It is an offence under section 45E(3) of the PVG Act for an organisation to fail to comply with regulation 3 of these Regulations and the penalties for such an offence are set out in section 45G of the PVG Act.

Regulation 3(2) makes transitional provision in respect of regulation 3(1) of these Regulations, so that an organisation which permits an individual to carry out a type of regulated role where that individual does not participate in the PVG Scheme in relation to that type of regulated role, does not commit an offence under section 45E of the Disclosure (Scotland) Act 2020 by failing to comply with regulation 3. Regulation 3(1) does not apply to an organisation, if the individual who is carrying out the regulated role for the organisation has, before the relevant date, made an application to join the PVG Scheme in relation to the type of regulated role concerned and the application has not been withdrawn or finally determined.