The Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 (Fees) (Coronavirus) Regulations 2020

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision for free disclosure checks and applications to join the PVG Scheme for work relating to the coronavirus response.

Regulation 1 provides that the Regulations come into force on 26 June 2020. Regulation 2 sets out relevant definitions.

Regulation 3 makes provision in relation to the Protection of Vulnerable Groups (Scotland) Act 2007 (Fees for Scheme Membership and Disclosure Requests) Regulations 2010 (“the PVG Fees Regulations”). Regulations 3 and 4 of the PVG Fees Regulations prescribe the fees which are normally payable for an application to join the PVG Scheme under section 45 of the Protection of Vulnerable Groups (Scotland) Act 2007 or for an application for a disclosure request made under that Act. Regulation 3 of these Regulations sets out the circumstances in which the fees prescribed in regulations 3 and 4 of the PVG Fees Regulations are waived.

Regulation 4 makes provision in relation to the Police Act 1997 (Criminal Records) (Scotland) Regulations 2010 (“the Police Act Regulations”). Regulation 3 of the Police Act Regulations prescribes the fees which are normally payable for an application for the issue of a criminal conviction certificate, a criminal record certificate or an enhanced criminal record certificate under the Police Act 1997. Regulation 4 of these Regulations sets out the circumstances in which the fees prescribed in regulation 3 of the Police Act Regulations do not apply and where the prescribed fee is instead £0.

Regulation 5 provides that these Regulations will cease to have effect after 6 months from the date on which they come into force and makes general savings provision for anything done under the Regulations before they cease to have effect.