Chapter 9: Checking individuals in regulated work before the PVG Act came into force
267. The PVG Act aims to have all individuals doing regulated work become scheme members. However there are many individuals who were already in the workforce when the PVG Act came into force and who are therefore doing regulated work without being scheme members.
9.1 - Who can join
268. The Scheme provides the same benefits to the existing regulated workforce, and those organisations that employ them, as it does to those who are applying for the first time for regulated work with children or protected adults or both.
9.2 - When can they join?
269. During the first year of the Scheme's operation, scheme membership applications will be primarily for those people who are either new to the regulated workforce or who are changing positions and so would previously have sought an enhanced disclosure. This is to allow time for the new procedures to become properly established and to prevent Disclosure Scotland becoming inundated with applications.
270. After the first 12 months, Disclosure Scotland will work with organisations to manage the process of introducing existing staff doing regulated work into scheme membership. This is expected to take a further three years and will be managed in such a way as to minimise the administrative burden on both organisations and Disclosure Scotland. The process of phasing in scheme membership will be managed by Disclosure Scotland in partnership with its registered persons and bodies.
271. Organisations should avoid putting in place their own phasing plans without having agreed them with Disclosure Scotland in order to avoid overloading the system and so causing delays and frustration.
9.3 - What happens to existing workers who are barred?
272. It is possible that some members of the existing workforce will have their application to join the Scheme turned down, and will instead find themselves placed on one or both lists and therefore barred.
273. In these cases, the PVG Act compels employers to remove any listed people from regulated work. (Scottish Ministers will have to make a provision under 35(2) of the 2007 Act to ensure that persons, who are barred, are removed from the working with vulnerable groups if they are already working with the group to which the barring relates.)
9.4 - Phased introduction and offences
274. Once the procedures established under the PVG Act come into effect, employers have four years to ensure that all those doing regulated work for them are not barred from doing so.
275. The offences relating to employing barred individuals who are existing members of staff and who are in the same post as they were in at Scheme go-live will not come into effect until the Scheme has been operating for four years. This will to allow employers the time to comply with the PVG Act.
Case Study 13 A. I'm a nurse working in a general hospital. Do I need to do anything now to comply with the PVG Scheme? B. No, there is no requirement for you to do anything immediately. If you change job in the near future you may be required to join the scheme at that stage. Alternatively, you will be required to join the scheme at some stage in the next few years when your employer undertakes retrospective checking. Your employer will provide the correct application form for you to complete at the appropriate time. |