Any individual doing regulated work from which they have been barred must stop doing so immediately. An individual who is doing or who attempts to do regulated work from which they are barred is committing an offence with a penalty of up to 5 years in prison, or a fine, or both. It is a defence for the individual to show that they did not know, and could not reasonably have known, that they were barred, or that the work concerned was regulated work.

The fact an individual is barred will not be disclosed on a disclosure record that does not relate to the workforce to which the barring applies. For example, consider an individual who is barred from working with children. She subsequently decides to apply for a job as a carer in an elderly persons care home. The care home asks her to complete an application for scheme membership for the adults’ workforce. The PVG Scheme Record does not disclose the fact that she is barred from working with children. But her Scheme Record contains all the vetting information which the care home will use to determine whether she is suitable for the position of carer.

A listed individual must inform Disclosure Scotland of any change of name, address or gender within one month of the change.