SCHEDULE 1Modifications in connection with the Disclosure Act

PART 3Other subordinate legislation

The National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006

11.

(1)

The National Health Service (General Ophthalmic Services) (Scotland) Regulations 200622 are amended as follows.

(2)

In regulation 2(1) (interpretation)—

(a)

for the definition of “barred from regulated work”, substitute—

““barred from regulated roles” means barred from regulated roles with children or adults within the meaning of section 92(1) or (2) (individuals barred from regulated roles) of the 2007 Act,”,

(b)

after the definition of “director”, insert—

““Disclosure Act” means the Disclosure (Scotland) Act 2020,”,

(c)

after the definition of “Goldmann type tonometer”, insert—

““Level 2 disclosure” has the meaning given in section 8(1) of the Disclosure Act,

“Level 2 disclosure application” means an application under section 11 of the Disclosure Act,”,

(d)

after the definition of “professional registration number”, insert—

““PVG Scheme Level 2 disclosure” means a Level 2 disclosure to which section 17 of the Disclosure Act applies,”,

(e)

in the definition of “scheme member”—

(i)

in sub-paragraph (a), for “regulated work with children, as defined in section 91(2) (regulated work) of the 2007 Act” substitute “a regulated role with children, as defined in section 91(2) (regulated roles) of the 2007 Act”,

(ii)

in sub-paragraph (b), for “regulated work” substitute “a regulated role”,

(f)

after the definition of “scheme member”, insert—

““scheme record” means a document disclosed by the Scottish Ministers under section 52 of the 2007 Act which—

(a)

sets out the type of regulated work (with children or adults) in relation to which the individual is a scheme member,

(b)

confirms that the scheme member is not barred from doing that work,

(c)

states if the Scottish Ministers are considering whether to list the scheme member, and

(d)

contains vetting information about the scheme member which the Scottish Ministers discovered as a result of enquiries or arrangements made under section 47 of the 2007 Act,”,

(g)

the definitions of the following expressions are omitted—

“disclosure record”,

“disclosure request”,

“enhanced criminal record certificate”.

(3)

In regulation 7 (application for inclusion in ophthalmic list and notification of changes)—

(a)

in paragraph (1), in each of sub-paragraphs (d) and (e)—

(i)

after “applications for such certificates as the case may be”, insert “, Level 2 disclosures”,

(ii)

for “disclosure requests, disclosure records” substitute “Level 2 disclosure applications, PVG Scheme Level 2 disclosures”,

(b)

in paragraph (2)—

(i)

in sub-paragraph (b), for the words “disclosure requests, disclosure records,” wherever they appear substitute “Level 2 disclosure applications, PVG Scheme Level 2 disclosures”,

(ii)

in sub-paragraph (c)(i), for “disclosure record and disclosure request,” substitute “PVG Scheme Level 2 disclosure and Level 2 disclosure application,”,

(c)

in paragraph (3)—

(i)

for sub-paragraph (e), substitute—

“(e)

obtain any Level 2 disclosure required in respect of the application if such disclosure was not included with the application, and”,

(ii)

in sub-paragraph (f), for “disclosure record” substitute “PVG Scheme Level 2 disclosure”,

(d)

in paragraph (5), for “an enhanced criminal record certificate or disclosure record” substitute “a Level 2 disclosure or PVG Scheme Level 2 disclosure”,

(e)

in paragraph (8)(a), for “, disclosure requests, disclosure records,” substitute “, Level 2 disclosure applications, PVG Scheme Level 2 disclosures,”.

(4)

In regulation 8(1)(k) (grounds for refusal of application), for “work” substitute “roles”.

(5)

In regulation 12 (removal from ophthalmic list)—

(a)

in sub-paragraph (1)(g), for “work” substitute “roles”,

(b)

in sub-paragraph (10), for “an enhanced criminal record certificate” substitute “a Level 2 disclosure”.

(6)

In schedule 2—

(a)

in Part A (information, certificates, disclosure requests, disclosure records, consents, declarations and undertakings to be included in an application for inclusion in the first part of the ophthalmic list), in paragraph 3—

(i)

in sub-paragraph (a)—

(aa)

in head (i), for “disclosure request for any disclosure record” substitute “Level 2 disclosure application for a PVG Scheme Level 2 disclosure”,

(bb)

for head (ii), substitute—

“(ii)

where required by the Board under that regulation, any existing PVG Level 2 disclosure or scheme record the applicant holds,”,

(ii)

in sub-paragraph (aa)—

(aa)

for “an enhanced criminal record certificate”, substitute “a Level 2 disclosure”,

(bb)

for “an application for such certificate”, substitute “a Level 2 disclosure application”,

(b)

the heading of Part A becomes “information, certificates, Level 2 disclosures, Level 2 disclosure applications, PVG Scheme Level 2 disclosures, consents, declarations and undertakings to be included in an application for inclusion in the first part of the ophthalmic list”,

(c)

in Part B (information, consents, declarations, certificates, disclosure requests, disclosure records and undertakings to be included in an application for inclusion in the second part of the ophthalmic list), in paragraph 3—

(i)

in sub-paragraph (a)—

(aa)

in head (i), for “disclosure request for any disclosure record” substitute “a Level 2 disclosure application for a PVG Scheme Level 2 disclosure”,

(bb)

for head (ii), substitute—

“(ii)

where required by the Board under that regulation, any existing PVG Level 2 disclosure or scheme record the applicant holds,”,

(ii)

in sub-paragraph (aa)—

(aa)

for “an enhanced criminal record certificate”, substitute “a Level 2 disclosure”,

(bb)

for “an application for such certificate”, substitute “a Level 2 disclosure application”,

(d)

the heading of Part B becomes “information, consents, declarations, certificates, Level 2 disclosures, Level 2 disclosure applications, PVG Scheme Level 2 disclosures and undertakings to be included in an application for inclusion in the second part of the ophthalmic list”.