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.
I would be interested in scoutings interpretation of the legislation- if nothing more than a sanity check against RAFAc interpretation
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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.
(This is my interpretation at least…)
The bigger Q here, which @JustCallMeFlight hinted at, is why the hell we need 3 different systems across the UK for this. Very stupid.
Reminds me of Scottish tuition fees… One law for those over the border and one for those in England
Absolutely worth checking. Last piece of HQAC legal advice I saw was diabolically poor.
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Yes, that would be what happens when you have two separate legal systems operating in different jurisdictions.
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?
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What’s the Act? I’ll tell you once I’ve read it.
Disclosure (Scotland) Act 2020
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.
What are the tariffs for the organisation? Will it be a charge against RAFAC as a corporate entity or will it be a named individual in the dock?
Looks like maybe both?
Not found the penalties yet.
I wonder who “individual who is concerned in the management or control of its affairs” would be in our case? WExO/Pillar lead? RC? HQ Safeguarding manager? Someone in Whitehall? Possibly all of the above?
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AOC22 Group? That’s what he said quite explicitly so a lot of trust on his shoulders that CFAV’s have got this certification
He’s certainly the Operational Duty Holder for aviation with 22Gp, but unsure if he’d be the ODH regarding safeguarding? I’d assume our grade 7 COS safeguarding lead may take that role?
But then, there is this:
So maybe you are right!
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