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Disclosure and PVG Fees in relation to early learning providers

Letter from Convener to Minister for Children and Young People

Clare Haughey MSP
Minister for Children and Young People
Scottish Government

9 March 2022

Dear Minister,

On 9 March, the Committee considered The Police Act 1997 and the Protection Of Vulnerable Groups (Scotland) Act 2007 (Fees) (Coronavirus) Amendment Regulations 2022. These regulations amend the expiry date of the Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 (Fees) (Coronavirus) Regulations 2020. The 2020 Regulations provide for fees in relation to the disclosure and PVG systems be waived under certain circumstances.

Shortly before consideration of the regulations, the Committee received correspondence from the Scottish Private Nurseries Association seeking clarification on how this waiver affects private ELC providers.

The Committee notes that the 2020 regulations apply to “qualifying sectors” and childcare is one of these sectors. The Committee also notes that the waiver applies "solely in respect of” regulated work 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. (See regulations 2 and 3 of the 2020 Regulations.)

The Committee agreed that I write to you to seek clarification on how these waivers apply or have applied to the ELC sector, and particularly the private, voluntary and independent sectors.

I would be grateful for a response by close of business on Thursday 10 March. I appreciate that this is a very short timescale, however; this would allow the Committee to consider the response within the timetable for these regulations.

Yours sincerely

Stephen Kerr MSP
Convener

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