The Disclosure (Scotland) Act 2020
Membership of the PVG scheme is now a legal requirement for those carrying out a regulated role.
The Disclosure (Scotland) Act 2020 improves the disclosure system in Scotland by removing unnecessary barriers for people with convictions as they seek employment or other opportunities, and enhance the PVG scheme.
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If you need further information or support, please don’t hesitate to contact our team at complianceandtraining@volunteerscotland.org.uk
Key changes under the Disclosure Act:
- Membership of the PVG scheme is now a legal requirement for those carrying out a regulated role
- Replacing the concept of ‘regulated work’ with ‘regulated roles’
- Simplified disclosure products and people having more control over their information
- An individualised approach to the disclosure of childhood offending and rights of review for convictions disclosed, to enhance fairness and proportionality
- The ability for Disclosure Scotland to impose conditions on PVG scheme members who are under consideration for listing
Regulated Role Guidance
Assess your roles - Disclosure Scotland guidance
Disclosure Scotland have published guidance to help you assess your role(s) against the criteria for regulated roles.
Also available is specific guidance on:
- Parent Run Groups: guidance for parent run groups such as Parent Councils and Parent Teacher Associations (PTAs), and the roles, activities and events they run and are responsible for.
- Sports Organisations: guidance for organisations providing sports services and activities, including Scottish Governing Bodies of Sport (SGBs) and clubs.
- Health Services: guidance for health sector groups, such as hospices and hospitals.
Children & Protected Adult Checklists
If you have volunteers/paid staff in your organisation who work with children and/or protected adults, please review our checklists to confirm if they are in a regulated role and require to join the PVG scheme.
Completed checklists can be emailed to disclosures@volunteerscotland.org.uk
Holding a Position of Responsibility - A Regulated Role Activity
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).
Changes to age definitions
- Child = Anyone under the age of 18
- Protected Adult = Someone aged 18 or over who meets the following criteria.
If you previously processed 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.
Changes to offence lists
The Disclosure (Scotland) Act 2020 (List A and B Offences) Amendment Regulations 2025 amended the offence lists that will be used from 1 April 2025. As has been the case since 2015:
- List A includes the most serious offences, such as serious violence, sexual offending, and terrorist offences.
- List B includes offences that are less serious than List A offences but are offences which still warrant disclosure even when spent, for example, theft and fraud.
You can view the details of these changes in the policy note that accompanied the Regulations.
Children’s hearing outcomes will only ever be disclosed on a Level 2 disclosure subject to a review by the Scottish Ministers under section 13 of the Disclosure Act.
Changes for your applicants/volunteers
Applicants Online Journey e-course
Disclosure Scotland have launched an e-course for all applicants to educate them on the steps they need to take with their online PVG journey.
The e-course covers:
- Registering Your Online Account
- Verifying Your Identity
- Completing a Disclosure Application
- Viewing and Sharing Your Disclosure
Sharing this course with applicants before they begin will help them understand what’s expected and ensure a smoother process for both them and you.
We have a high number of applicants who do not share their results. It is very important that the applicant knows this is their responsibility and how to do so. Without a shared result, your organisation is unable to place them in their regulated role.
The e-course takes around 30 minutes to complete, and applicants can return to any section of the course at any time for a refresher.
Sharing their Disclosure Results
Under the Disclosure Act, applicants now have more control over their information. The disclosure process now includes 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.
Applicants will:
- have to provide consent to share a copy of their disclosure result with the recruiting organisation OR Notify Disclosure Scotland that they will seek a review of the content of their disclosure.
- have 14 days, from the date of completion, to share their disclosure result with their organisation or notify Disclosure Scotland they intend to seek a review.
- receive a reminder to share their disclosure result 5 days and 12 days after the result is ready.
- no longer be able request a paper copy of the disclosure result via their online account.
Applicants must provide consent to share their disclosure, regardless of whether it contains any information. This is typically done via their online account. Educating your applicants about their responsibilities will help ensure a smoother recruitment process for both you and your applicant.
If an applicant misses their 14 day window to share their disclosure, before starting a new application, please ask the applicant to contact Disclosure Scotland via the telephone helpline 03000200040 or by emailing response@disclosurescotland.gov.scot for further guidance or support.
More information and step by step guidance on this process is available within the ‘Applicants Online Journey e-course’ linked above.
Change to application types
The types of applications you can apply for have changed:
- Level 2 – previously referred to as a Standard and Enhanced
- Level 2 with barred list check – previously referred to as an Enhanced Disclosure check with barred list
PVG:
- PVG Scheme to Join - previously referred to as a Scheme Record to Join and an Existing Member Scheme Record. This will be required for new applicants joining the PVG scheme for the first time AND also for those existing PVG scheme members adding a workforce they are not already a member for.
- PVG Scheme for Existing Members - previously referred to as a Scheme Record Update. This will be required for those existing PVG scheme members who are updating their membership for a workforce they are already a member for.
Snapshot of the level criteria for the types listed above:
Level 2
| Level 2 with Barred List check
| PVG
|
Any employment or work in a:
|
| All roles which meet the criteria of a regulated role as defined in the Disclosure (Scotland) Act 2020 |
For more detailed information on each application type, please refer to the relevant Guidance Pack:
Five-Year Membership
From1st April 2026, new PVG scheme members will last five years from the date of joining.
Existing members who submit a PVG application after this date will automatically move to a five-year membership, replacing lifetime membership.
Please see the latest update here from Disclosure Scotland and example scenarios to help you understand and prepare for these changes.
Frequently asked questions on the Disclosure Act
This page answers the most frequently asked questions we’ve received ahead of the implementation of the Disclosure (Scotland) Act 2020, effective from 1 April 2025.
It covers key legal changes, including the shift from regulated work to regulated roles, new PVG scheme requirements, application processes, grace periods, and guidance for specific roles and scenarios.
Before contacting us, please read through this FAQ carefully, many of your questions are likely already answered here.
Available FREE Training
Our expert-led training sessions are designed to give you clear, practical knowledge of all aspects of PVG, helping you stay informed, compliant, and confident. All our courses are free for organisations enrolled with VSDS. Sessions available are:
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