12th December 2024
Disclosure (Scotland) Act 2020 - December Update
From 1st April 2025 the Protecting Vulnerable Groups (PVG) scheme becomes a legal requirement in Scotland. You still have time to prepare and we're here to help you along the way!
This update will provide detailed information on:
- Online support session details
- The PVG scheme becoming a legal requirement
- Trustee Roles – What’s changing under the Disclosure Act
- Changes definition of age: Children & Protected Adults
- Key changes your applicants and what will be required of them
- Notifying Disclosure Scotland of changes
- + MUCH MORE!
If there is anything in this update you require more information or support with please email our team complianceandtraining@volunteerscotland.org.uk
Online sessions to support you
Our online Information Sessions and Drop-In Sessions will give you the opportunity to learn more about the new legislation, understand how to prepare for working with the Disclosure Act, and ask any questions you may have about the changes.
The following image outlines the differences between the two types of sessions, helping you choose the one that’s right for you. We recommend attending one of our Information Sessions first to gain a thorough understanding of the changes.
- Hosted online
- FREE
- Booking required for this session
- Join anytime during the scheduled session the time
- 2 hour in depth session with the opportunity to ask questions
- 1 hour Informal Chat / Q&A
- Hosted on Microsoft Teams
- Hosted online
- FREE
- Booking required for this session
- Join anytime during the scheduled session the time
- 2 hour in depth session with the opportunity to ask questions
- 1 hour Informal Chat / Q&A
- Hosted on Microsoft Teams
For all topics covered in the Information Sessions, Dates for both sessions (including evening and weekend dates), and more click here.
Please note: The content of our online Information Sessions are continually updated as we receive new details about the Disclosure Act. Even if you have attended a session previously, we recommend joining another one closer to the implementation date (1st April 2025) to stay informed about the latest changes and requirements.
From 1st April 2025 the following changes and updates will be implemented
The PVG scheme becomes a legal requirement
It will be a legal requirement for individuals to be a member of the PVG Scheme when carrying out a regulated role with children, protected adults, or both. Organisations must ensure that individuals who are to carry out a regulated role (paid or voluntary) have PVG scheme membership from 1st April 2025 onwards.
From this date, ‘regulated work’ will be replaced by ‘regulated roles’. We expect that roles which are currently included under 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. Examples include, football agents, talent scouts, hypnotherapists and certain hospital or hospice-based roles that do not currently qualify for the PVG scheme.
To help you assess the criteria for regulated roles, please review the Disclosure Act schedules on ‘regulated roles’ with children and protected adults, and explanatory notes. If you work in a regulated role, you must become a member of the PVG scheme.
We will also be providing you with checklists to determine if the roles within your organisation require a PVG Scheme and we will support you in this assessment.
PVG scheme membership grace period
There will be a short grace period of three months after the PVG scheme becomes a legal requirement on 1st April 2025. This will ensure individuals and organisations don’t immediately commit an offence if there are individuals who are not yet PVG scheme members but are currently working in regulated roles.
Individuals and organisations will not commit an offence if an individual who is carrying out a regulated role for them has, before the 1 July 2025, made an application to join the PVG Scheme, even if Disclosure Scotland has not issued the result.
From 1st July 2025 onwards, two new offences will come into force. It will become an offence for:
- anyone carrying out a regulated role to do so whilst not a member of the PVG scheme
- organisations to offer any type of regulated role to an individual unless they have received a PVG scheme disclosure.
This adds to the existing offences under the PVG Act. For example, it will continue to be an offence for an individual to seek, agree to do or carry out a regulated role if the individual is barred from working with children, protected adults or both. Similarly, organisations must also not offer a regulated role to someone who is barred from that type of regulated role.
Disclosure Scotland will report individuals and organisations to the police if they believe that any of these offences may have taken place. The penalties for these offences is up to five years imprisonment, a fine up to the statutory maximum, or both.
Trustee Roles will require a PVG Scheme
If your organisation has individuals who meet the following Trustee definition, they will require a PVG Scheme.
Holding a position of responsibility in an organisation which has as one of its main purposes the provision of benefits for or to children and/or protected adults (regardless of whether the organisation has an additional purpose of providing benefits for or to another group of persons).
If your organisation provides a service to both children and protected adults and you previously only accessed PVG Schemes for charity trustees in one of the work groups, from the 1st of April 2025 you will be required by law to join the PVG scheme with both children and protected adults.
The role of Trustee also includes committee and board members for organisations who do not have charitable status – where appropriate.
Changes to definition of age: Children and Protected Adults
- Child = Anyone under the age of 18
- Protected Adult = Someone aged 18 or over who meets the following criteria.
If you currently process PVG Schemes for regulated work with protected adults and your service works with people aged 16 and over as part of their normal duties, these individuals will be required by law to join the PVG Scheme for working with children also.
If you are not sure if the above points relate to your organisation then please contact our team to discuss further. They can also provide advice and help you review your roles within your organisation, please email complianceandtraining@volunteerscotland.org.uk
You may be anticipating additional volumes of PVG scheme applications as a result of the move to the PVG scheme becoming a legal requirement, and the introduction of ‘regulated roles’, from 1 April 2025. We will be in touch in the new year with a survey to establish any increase in PVG scheme applications to help us plan our workloads. We recommend that you continue to submit your application requests as normal.
Key changes for Applicants
New requirements for your Applicants
From 1 April 2025, applicants will have more control over their information. The disclosure process will now include a requirement for applicants to share a copy of their disclosure results with the recruiting organisation or notify Disclosure Scotland that they intend to seek a review of the content of their disclosure result.
Organisations should assess how they can adjust their current recruitment processes to raise awareness of this new step for applicants, enabling them to manage their own information effectively.
Applicants ScotAccount Journey
Disclosure Scotland recently introduced a change requiring applicants to set up their ScotAccount by verifying their ID before completing their PVG application link. This ensures that, once the disclosure result is ready, applicants can log into their ScotAccount immediately to view and share the disclosure results with you. Please note that, as the Signatory, the requirement to check identification for each applicant remains an essential part of the application process.
Organisations should assess how they can adjust their current recruitment processes to raise awareness of this new step for applicants, enabling them to manage their own information effectively.
PVG Scheme Members must notify Disclosure Scotland when their details change
By law, if individuals are a PVG scheme member, they need to tell Disclosure Scotland if their personal details have changed. By informing them, they will ensure that Disclosure Scotland holds accurate address and contact information for PVG scheme members. For information on how to update PVG details, timescales and legal requirements please visit their website.
Important Reminder: Notifying Disclosure Scotland
Disclosure Scotland must be notified when an individual stops doing regulated work with your organisation.
To comply with data protection laws, Disclosure Scotland must be notified when a PVG scheme member stops undertaking a regulated role with your organisation. This prevents organisations receiving unnecessary information and supports the transition to five-year PVG memberships starting 1st April 2026. To update, please complete our ‘Removal of Interest Form’, available to download on our website here. We will then notify Disclosure Scotland to remove your organisation’s interest in the individual.
Organisations should assess how they can adjust their current recruitment processes to raise awareness of this new step for applicants, enabling them to manage their own information effectively.
Additional news & reminders
Fee discounts and waivers
Disclosure Scotland recently consulted on fee discounts and waivers and will soon publish a report on their website. Consultation responses are informing policy development and options for Scottish Ministers. Future fee decisions will balance public finances and customer affordability, with fee regulations expected in early 2025.
We will be at The Gathering 2025
The SCVO Gathering will take place on the 4th and 5th of February 2025 at the EICC (Edinburgh International Conference Centre). We will be there with a stand, joined by our colleagues from Disclosure Scotland, to answer your questions about the Disclosure Act and more. The Gathering is the largest free voluntary sector event in the UK and a great opportunity for anyone working in and with the voluntary sector to network, showcase what they do and learn from each other. You can register to attend here: scvo.scot/the-gathering/visit-the-gathering
VSDS Christmas Closure
The Volunteer Scotland office, including Disclosure Services (VSDS), will be closed from 5pm on Monday, 23rd December, and will reopen at 9am on Monday, 6th January. During this period, applications may be submitted but will not be processed until we return. Please refer to our 'Working On Date' to see the last date we were processing applications before the break.
Our team is available to assist you with any questions or additional support you may need regarding the implementation of the Disclosure Act. Contact them via email: complianceandtraining@volunteerscotland.org.uk