(This note is not part of the Regulations)
These Regulations make detailed provision in relation to information that can be used for listing and vetting purposes in respect of scheme members under the Protection of Vulnerable Groups (Scotland) Act 2007 (“the PVG Act”).
Section 18(4) of the PVG Act permits the Scottish Ministers to require any person who holds records of convictions, cautions or other information for the use of police forces generally to provide the Scottish Ministers with the prescribed details of every relevant matter relating to an individual that is recorded in those records for the purpose of enabling or assisting the Scottish Ministers to decide whether to list an individual. Section 18(5) of the PVG Act includes a definition of “relevant matter” which includes prescribed civil orders. Regulation 3 and Part 1 of schedule 1 of these Regulations prescribe those civil court orders. Regulation 4 and Part 2 of schedule 1 of these Regulations prescribe the details of every relevant matter, including the prescribed civil court orders, for the purposes of section 18(4).
Section 49(1)(a) of the PVG Act provides that “vetting information”, in relation to a scheme member, includes the prescribed details of every relevant matter relating to the scheme member that is recorded in central records. Regulation 5 and schedule 2 of these Regulations prescribe the details of every relevant matter for the purposes of section 49(1)(a).