Scottish Government

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 will be the penalty for employers if they employ someone who is on a barred list?

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.

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What will be the penalty for employers if they employ someone who is on a barred list?

Section 35,section 36 and section 37 of the PVG Act make in an offence to employ someone who is barred and the maximum sentence is five years in prison and/or a fine.

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