Accessible vehicles and equipment: scheme rules

Who can apply

Applicants can apply to be an accredited provider if they are able to meet all of the following:

• standard conditions
• minimum service requirements
• minimum requirements for accreditation categories
• the minimum technical requirements

Standard conditions

Accredited providers must without exception meet all the standard conditions for:

• consumer credit authority
• insurance
• information security
• insolvency
• exclusion
• exit strategy
• expenses
• sustainability

Consumer credit authority

Accredited providers must have must:

• have interim or full permission from the Financial Conduct Authority to carry out consumer credit activities throughout the period of accreditation
• meet the costs associated with applying for authorisation, and the annual fees payable to the Financial Conduct Authority

The accredited provider must inform the Scottish Government immediately if:

• they no longer have permission from the Financial Conduct Authority
• their permission is withdrawn or suspended.

If they no longer have permission, their accreditation may be withdrawn.

Insurance

Accredited providers must:

• throughout accreditation have appropriate levels of insurance in place to meet their legal obligations and level of risk
• take and meet the costs of taking appropriate advice about their insurance requirements

Information security

Accredited providers must:

• develop and maintain an Information Security Management System and Security Management
• appoint a suitably qualified person to act as a single contact on all security matters who will liaise with Social Security Scotland's primary contact
• handle all data in accordance with General Data Protection Regulation (GDPR)
• They must securely
  • protect all information provided by the Scottish Government and its executive agencies
  • destroy information when no longer required using a cross-cutting shredder and/or a professional secure waste paper organisation
  • send any paper documents containing information provided by the Scottish Government and its executive agencies to ensure no unauthorised person has access

Insolvency

Accredited providers must notify the Scottish Government immediately if they:

• have insufficient assets to meet their liabilities as and when they arise
• become or are likely to become subject to any proceedings, whether in Scotland or elsewhere, related to insolvency, including any of the following:
  • administration
  • receivership
  • voluntary liquidation
  • compulsory liquidation
  • Company Voluntary Arrangement
• become or are likely to become subject to any proceedings, whether in Scotland or elsewhere, related to:
  • dissolution
  • winding-up
  • striking off from an appropriate register
  • to otherwise cease to trade
• are in a partnership, where any of the partners becomes or is likely to become subject to any insolvency proceedings
• are a limited company, where any of the directors, or members in a close company, becomes or is likely to become subject to disqualification

Exclusion

The conditions for exclusion apply to both:

• the accredited provider
• any members of its administrative, management or supervisory body with powers of representation, decision or control

The accredited provider must inform us immediately if they or their members are convicted of any of the following offences:

• the common law offence of conspiracy where conspiracy relates to either:
  • participating in a criminal organisation as defined in Article 2 of Council Framework Decision 2008/841/JHA on the fight against organised crime(40)
  • an offence under sections 28 or 30 of the Criminal Justice and Licensing (Scotland) Act 2010
• corruption within the meaning of either:
  • section 1(2) of the Public Bodies Corrupt Practices Act 1889
  • section 1 of the Prevention of Corruption Act 1906, where the offence relates to active corruption as defined in Article 3 of the Council Act of 26th May 1997 and Article 3(1) of Council Joint Action 98/742/JHA
• bribery or corruption within the meaning of sections 68 and 69 of the Criminal Justice (Scotland) Act 2003, where the offence relates to active bribery or corruption
• bribery within the meaning of sections 1 or 6 of the Bribery Act 2010 where the offence relates to fraud affecting the European Communities' financial interests as defined by Article 1 of the Convention on the protection of the financial interests of the European Communities:
  • the offence of cheating the Revenue
  • the common law offence of fraud
  • the common law offence of theft or fraud
  • fraudulent trading within the meaning of section 458 of the Companies Act 1985, or section 993 of the Companies Act 2006
  • fraudulent evasion within the meaning of section 170 of the Customs and Excise Management Act 1979 or section 72 of the Value Added Tax Act 1994
  • an offence in connection with taxation in the European Union within the meaning of section 71 of the Criminal Justice Act 1993
  • the common law offence of uttering
  • the common law offence of attempting to pervert the course of justice;
• any offence listed in either
  • section 41 of the Counter-Terrorism Act 2008
  • Schedule 2 to that Act where the court has determined that there is a terrorist connection
• money laundering within the meaning of sections 340 and 415 of the Proceeds of Crime Act 2002
• an offence in connection with the proceeds of criminal conduct within the meaning of section 93A, 93B or 93C of the Criminal Justice Act 1988
• any offence under Part 1 of the Human Trafficking and Exploitation (Scotland) Act 2015 or under any provision referred to in the Schedule to that Act
• an offence in connection with the proceeds of drug trafficking within the meaning of section 49, 50 or 51 of the Drug Trafficking Act 1994
• any other offence within the meaning of Article 57(1) of the Directive as defined by the law of any EEA state or any part of it

Exit strategy

Accredited providers will develop and maintain plans and procedures for the orderly transition of their services to a successor service provider.

Expenses

Accredited providers will have to pay Social Security Scotland expenses for the administration services of the mobility allowance. Social Security Scotland will charge the accredited provider annually on a full cost basis.

The full costs will be calculated based on:

• the full salary of the staff employed solely to make the transfers and associated activities
• a pro rata charge for staff with other duties
• overheads including those shared with other teams, for example management and support activities
• a proportion of other shared costs including but not limited to estate costs and corporate activities, including finance, human resources and technology

Subject to agreement, the accredited provider will also be required to reimburse the Scottish Government for any expenses reasonably incurred in the administration of the scheme.

Sustainability

Accredited providers should actively promote vehicles with low or zero emissions. They should give due prominence to these vehicles in marketing activities.