Staff who will be undertaking a camp in Scotland who are not Scottish or Staff attending a camp with Scottish cadets especially overseas need to read the IBN and get their application in pronto. Deadline for the changes to come in are the 1st Jul 2025.
Consequences of Non-Compliance:
Criminal Offense: Individuals who work in regulated roles without PVG membership will be committing a criminal offense.
Penalties: Penalties for non-compliance can include fines, imprisonment (up to five years), or both.
Organizations: Organizations that offer regulated roles to someone barred from that work or fail to remove someone from regulated work after being notified of their bar will also commit a criminal offens
Careful with your wording. This implies anyone attending a camp with Scottish cadets in the UK need PVG, which isn’t what the IBN says. Otherwise everyone going to events like RIAT would need it!
Just opened the IBN. This legislation was passed in 2020. wef 1 Apr 2025 to give transition time. Here we are getting an IBN at the beginning of June 2025. Classic. Becomes an actual offence in 4 weeks time, and the IBN says there is at least a 2-3 week lead time on this.
The question I would ask (and this is a genuine question), if non-Scottish based Staff need a PVG for an overseas camp as where Scottish cadets are present, Why is it not needed for a UK based camp where Scottish cadets are present? What is the difference?
Because the way the law is worded, an overseas trip involving Scottish cadets is seen to use Scottish law. An England based trip involving Scottish cadets is seen to use English law.
But my second question still stands What is the difference between a camp in the UK and a camp in Europe? You cannot apply Scottish law in Europe any more that you can apply it in England or Wales.
I think it’s just to standardise a bit. Overseas covers all countries. So they say just treat that the same as if you were in Scotland.
They are essentially making an exception for activities in England and Wales as they are clearly happy with our process as it is for the rare occasions people are here.
Although they can’t enforce Scottish laws abroad, they can absolutely say if you are a Scottish person with responsibility for Scottish kids then you need to follow X, Y and Z rules.
If I was to go on an overseas camp with cadets from Scotland and return directly to England and Wales, without ever stepping foot in Scotland, at what point am I subject to Scottish jurisdiction?
You can and it has happend on one special occasion which was the first court trial of the Lockerbie bombing which was held under and presided under Scots law in Holland
Which took agreement at an international level. I seriously doubt that Scottish law would be enforceable for yoof trips if there was a resident of say, England meeting and accompanying jockanese yoofs just on the continent.
Trying to work out the wider legislation, but it’s not just an individual offence, but the organisation can also be prosecuted for not using staff enrolled in PVG.
