Chamber and committees

Response to letter on Disclosure and PVG Fees in relation to early learning providers

Letter from Minister for Children and Young People to Committee

Minister for Children and Youn People
Clare Haughey MSP

Stephen Kerr MSP
Convener
Education, Children and Young People Committee

Our ref: qA636703

10 March 2022

Dear Mr Kerr

The Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 (Fees) (Coronavirus) Amendment Regulations 2022

Thank you for your letter of 9 March following the meeting of the Education, Children and Young People Committee yesterday at which the above Regulations were considered. Your letter mentioned correspondence received by the Committee from the Scottish Private Nurseries Association seeking clarification about the extent of the waiver of Disclosure Scotland fees.

The Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 (Fees) (Coronavirus) Amendment Regulations 2022 amend only the expiry date of the Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 (Fees) (Coronavirus) Regulations 2020 (“the 2020 Regulations”) for an additional period of 3 months.

The 2020 Regulations, which have been in force since June 2020, make provision for free disclosure checks and applications to join the Protecting Vulnerable Groups Scheme (“the PVG Scheme”) for work relating to the coronavirus response. The scope of the sectors to which the fee waiver applies has not changed since the 2020 Regulations came into force.

The fee waiver applies to any application to join the PVG Scheme or disclosure request made under the relevant sections of the Protection of Vulnerable Groups (Scotland) Act 2007, or application for criminal conviction certificate, criminal record certificate, or enhanced criminal record certificate made under the relevant sections of the Police Act 1997 provided the Scottish Ministers are satisfied that (1) the application is in connection with coronavirus work in a qualifying sector and (2) the application is made solely in respect of that work.

Regulation 2 of the 2020 Regulations provides that “coronavirus work” means work of any kind, paid or unpaid, which involves the carrying out of any activities or functions in connection with the response to the incidence or transmission of coronavirus or the treatment of coronavirus disease and “qualifying sector” includes the childcare sector. This is the whole childcare sector including private, independent, voluntary and local authority providers.

There is additional guidance on Disclosure Scotland’s website explaining this. An example of where the 2020 Regulations could apply in a nursery setting is in relation to an additional cleaning role that has been created solely to prevent the spread of coronavirus.

I hope that this reply is helpful.

Clare Haughey

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