PVG Guidance This is guidance for GP contractors and sessional (locum) GPs on the Protecting Vulnerable Groups (Scotland) Act 2007. The PVG Scheme is administered by Disclosure Scotland and replaces and extends disclosure checks. The Act places obligations on employees and employers involved in the provision of “regulated work”. Healthcare is included in the Act’s definition of regulated work and therefore the vast majority of doctors and health professionals employed by NHS boards or providing services to patients in a GP practice have responsibilities under the Act. The PVG scheme is being introduced in two phases. The first, which started in February 2011, places and obligation on employers to require PVG Scheme status from new employees engaged in regulated work. The second phase, which is expected to be completed over three years, will begin from February 2012 and will require PVG checks for all individuals involved in regulated work, not just new employees. Currently it is unclear when the requirements of the second phase will apply to GPs and how this will be implemented. Given the uncertainty regarding the second phase separate guidance will need to be issued at a later date. BMA Scotland and SGPC have had concerns regarding PVG legislation since the Bill was introduced in 2006. On the specifics of implementing the first phase of the Act in primary care, SGPC has repeatedly sought clarity from the Scottish Government since early 2010. It is only recently that we have received answers to all of our questions regarding the operation and implementation of the PVG scheme in primary care. Consequently, SGPC has not, until now, been in a position to provide GPs with guidance on the PVG Act. SGPC has had two general areas of concern: how additional workload and costs associated with the Act would be funded or reimbursed; and how this legislation would apply in primary care. The Scottish Government has very recently provided written confirmation that additional work under this Act and the fees associated with the PVG scheme will not be funded or reimbursed. Throughout discussions with SGHD officials, SGPC argued that funding should be provided to general practice to cover the costs of the new PVG scheme as, unlike other contractors, GPs are unable to increase costs to offset the associated additional costs and workload of new requirements. The Scottish Government clearly has not accepted this argument. However, given that there can be criminal consequences1 for not meeting the requirements of the Act; we must advise practices to seek to comply with the Act. As mentioned above, since February 2011 it has been a requirement under the Act for employers to request PVG status from new employees engaged in regulated work. However, a lack of clarity and direction from the Scottish Government has hindered GP practices and NHS boards from meeting their obligations under the Act. Indeed, PVG Scheme membership should have been a requirement for new applicants to join an NHS board’s performers’ list since February 2011. However, this will now only be required from 21 December 2011 when amendments to the Performers’ List Regulations come into force. Given that NHS boards will be requiring PVG Scheme status for performers’ list applicants from 21 December 2011; we suggest that GP practices also aim to comply with this guidance as soon as possible after this date.

1 Organisations that use individuals barred under PVG for regulated work risk: on summary conviction,

imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum; or on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine, or to both.

The advice that follows is as brief and general as possible and seeks to avoid unnecessary complexity at this time. This guidance should be considered interim guidance as it is likely to be superseded by agreed guidance between SGHD and SGPC in early 2012 and by further guidance in future when retrospective PVG checks are required. Guidance for practices – practice staff It is an offence for an organisation to offer regulated work to someone who is barred or to fail to remove a person from regulated work if they have been notified that they are barred.2 GP practices must now require PVG Scheme status from new employees that will be engaged in regulated work. This includes employees that are promoted from a post that did not involve regulated work to one that does. It also includes salaried GP employees. Generally, practices will not need to require PVG status from administrative staff. However, this will depend on their role and therefore practices are encouraged to use the Disclosure Scotland online tool to help employers determine if an employee is involved in regulated work: http://www.disclosurescotland.co.uk/pvg_training/self-assessment/ If the employee is not a member of the PVG scheme, the practice should request a PVG Scheme Record. If the employee is already a member of the scheme the practice should request a PVG Scheme Record Update. To access Scheme Records or Scheme Record Updates the practice will need to register with Disclosure Scotland as an employing organisation. To register a practice must contact Disclosure Scotland for an application pack. There is a minimum annual charge of £75 for registration and that will cover the lead signatory and up to four counter-signatories. General guidance produced by Disclosure Scotland may be helpful to practices, especially the sections for organisations: http://www.disclosurescotland.co.uk/guidance/index.html Guidance for practices – locums Practices that employ a locum that they have not previously engaged will need to satisfy themselves that the GP is not barred from undertaking regulated work. Many practices currently require locum GPs to complete a pro forma before working in the practice. We suggest that practices include a question on their pro forma asking the locum to confirm that they are a member of the PVG Scheme, have not been barred from regulated work and are not under investigation which could lead to a potential barring. If a GP locum is under investigation it is for the practice to decide whether to offer employment during this interim period. There is nothing in the Act to stop practices from engaging a locum GP that is under investigation but the practice would need to be diligent in ensuring that they were updated once the outcome was decided by Disclosure Scotland. Practices do not need to register with Disclosure Scotland as an employing organisation for the purposes of employing GP locums. Guidance for locum GPs

2 Protecting Vulnerable Groups Scheme Guidance for individuals, organisations and personal employers

- June 2010

Given the above advice to practices regarding locum GP employment and the likelihood that SGHD will publish similar advice in the near future, GP practices and NHS boards will be more likely to require PVG status from locum GPs that they engage to provide services. It is for the individual GP to decide whether to seek PVG Scheme membership. However, given that PVG Scheme membership takes some time to process, individuals that do not proactively seek PVG Scheme membership may fail to meet the requirements for particular employment. Therefore, we encourage GP locums to join the PVG Scheme to ensure that employment opportunities are not limited. Greater detail on the application process can be found in the general guidance produced by Disclosure Scotland: http://www.disclosurescotland.co.uk/guidance/index.html