Changes in PVG Legislation

8 February 2016

The PVG scheme was amended in September 2015 and introduced lists of offences that will always be disclosed, disclosed subject to the rules and which would be disclosed for the relevant period of the Rehabilitation of Offenders Act. This amendment also introduced the applicant being allowed a 6 month period in which to raise a request to remove information subject to the rules from their disclosure record.

February 8th 2016 will see some amendments to the changes brought in during September 2015. There are some changes in the lists of offences that are always going to be disclosed and the offences which are subject to the rules. An updated version of the lists and the current timeframes until a conviction is deemed to be spent are available from Volunteer Scotland Disclosure Services.

If an applicant has a conviction on their disclosure that is subject to the rules, there still remains the 10 working day period during which they should contact Disclosure Scotland to state their intentions. If they do not contact Disclosure Scotland then their disclosure record will be sent out to you at the end of the 10 day period. If they do contact Disclosure Scotland and indicate that they wish to request that a Sheriff assess whether or not the information subject to the rules can be removed then the period they have to make the notification to the sheriff is halved from 6 months to 3 months.

If the original PVG record contains incorrect information and the applicant requests it be amended, if the amendment is carried out and brings up information subject to the rules then the 10 day period for the applicant to register that they will be looking to have the information removed will begin at the time the amended certificate is sent out rather than the date of the original record.

If you are seeking further clarification please contact the Compliance Team, tel. 01786 849777, option 3.

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