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15th October 2024

The Disclosure (Scotland) Act 2020 – what do you need to know and do now?

We wanted to provide you an update on the progress of the implementation of the Disclosure (Scotland) Act 2020 and share what you need to know and do now.

Most of the Disclosure (Scotland) Act 2020 (Disclosure Act) will be implemented on 1st April 2025. You and your organisation have less than six months to prepare. 

What you need to know

Disclosure Scotland consultation update

The Disclosure Scotland public consultation on fee discounts and waivers ran from the 5th March until the 28th May 2024. Disclosure Scotland received over 1,200 responses and spoke to 175 organisations to gather their views. A consultation report setting out their analysis of the key themes will be published on the Disclosure Scotland Website. Further information will be provided in a future update. The consultation responses are being fed into the policy development and options to Scottish Ministers. Decisions on the future fee arrangements at Disclosure Scotland will be made balancing public finances against affordability for customers and they expect to be laying fee regulations in February 2025, subject to parliamentary timetabling.

Local Authority referral powers

On 30th September 2024, new referral powers for local authorities and Integration Joint Boards were introduced under the Disclosure Act. This is an important change to enhance safeguarding of children and protected adults, particularly in a self-directed support environment, where there is no other organisation who can make a referral.

The Disclosure Act - What’s changing next and when?

The Disclosure Act will improve the disclosure system in Scotland by removing unnecessary barriers for people with convictions as they seek employment or other opportunities and enhance the Protecting Vulnerable Groups (PVG) scheme.

The 1st April 2025 is a major milestone for implementation of the Disclosure Act. On this date:

  • There will be different levels and types of Disclosures to choose from.
  • Regulated Work will become Regulated Roles and The Protecting Vulnerable Groups (PVG) scheme will become mandatory for those carrying out a regulated role with children and/or protected adults.
  • Applicants will have more control over their information. The disclosure process will include a requirement for applicants to share a copy of their disclosure with you, the organisation who requested the check, or to notify Disclosure Scotland that they will seek a review
  • An individualised approach to the disclosure of childhood offending and rights of review for convictions disclosed, to enhance fairness and proportionality. Applicants will be able to indicate their intent to review a Level 2 disclosure digitally.

What’s changing after 1st April 2025?

From late 2025, Disclosure Scotland will have the ability to impose conditions on PVG scheme members who are under consideration for listing. On 1st April 2026, lifetime membership of the PVG scheme will be replaced by time-limited scheme membership, with renewal required every five years.

Disclosure Scotland will continue to engage with their stakeholders, including Volunteer Scotland Disclosure Services (VSDS), to discuss implementation of conditions and what is required for the transition of existing scheme members to time-limited membership. We will continue to update you as progress is made.

Their stakeholders’ participation will inform the processes and product design. You can view further information on these provisions on the Disclosure Scotland website here.

What you can do now

Establish if you are doing or offering regulated roles

The Disclosure Act includes replacing the concept of ‘regulated work’ with ’regulated roles’ as the basis for mandatory PVG scheme membership.

We expect roles that are currently regulated work will also be regulated roles. However, the introduction of ‘regulated roles’ will bring new roles into the PVG scheme that are currently not regulated work, for example, football agents, talent scouts and certain hospice based roles that don’t currently qualify for PVG. Please review the schedules that list the regulated role activities for children and protected adults to see what changes there might be for your organisation. You can also view the explanatory notes.

Disclosure Scotland expect to be laying regulations modifying the current schedules in January 2025, subject to parliamentary timetabling. We will publish regulated roles guidance as soon as possible thereafter

Keep your data up to date

To ensure compliance with data protection legislation, organisations should notify Disclosure Scotland when a PVG scheme member stops doing regulated work with them. This will prevent organisations receiving information to which you are no longer entitled.

To do this, please email dsupdate@disclosurescotland.gov.scot with:

  • the individual’s name
  • date of birth
  • PVG number

Disclosure Scotland will then remove your organisation’s interest in the individual.

By law, PVG scheme members need to tell Disclosure Scotland if their personal details have changed. By informing them, you will ensure that Disclosure Scotland holds accurate address and contact information for PVG scheme members.

For information on how applicants can update their PVG details, timescales and legal requirements please visit the Disclosure Scotland website. Organisations can highlight this requirement to their employees and volunteers.

Keep up to date with future developments

VSDS will continue to provide advice, guidance and support to you in various formats including, training, drop-in sessions, written checklists and guidance. We are also hosting regular Act Information Sessions that we encourage you all to attend. Book via the button below.

Book to attend our Disclosure Act Information Sessions here

Volunteer Scotland Disclosure Services (VSDS)

Disclosure Scotland