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20th March 2025

Disclosure (Scotland) Act 2020 - March 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:

  • Regulated Roles – updated our children and protected adult checklists
  • Updated Code of Practice
  • Changes to application types
  • Temporary disclosure application freeze 
  • + MUCH MORE!


If there is anything in this update you require more information or support with please email our team complianceandtraining@volunteerscotland.org.uk 

Review applications

The Disclosure Act introduces a new process where individuals may apply for disclosure information to be reviewed, and decisions made about whether information should be disclosed, prior to the disclosure being issued to the organisation they are volunteering/working with.

This provides individuals greater control in the disclosure process before their criminal history information is disclosed. This is known as ‘making a review application’.

Disclosure Scotland have published guidance on how this process works. To ensure they are meeting their customers’ needs they will continue to update the guidance based on feedback. 

Regulated roles

New Children & Protected Adult Checklists

If you work or volunteer with a child or protected adult in a regulated role or employ someone (paid or voluntary) in a regulated role you must assess your role(s) against the criteria for regulated roles.

We have updated our children and protected adult checklists to help you assess roles and determine if they require a PVG scheme. Completed checklists can be emailed to disclosures@volunteerscotland.org.uk

Download children checklist here
Download adult checklist here

Both checklists download as Word Docs and to be used from 1st April.

Holding a Position of Responsibility - A Regulated Role Activity

Please review our guidance to determine if your roles of Director, Board Member, Committee Member and Charity Trustee will meet the criteria to access PVG schemes for both children and protected adults from the 1st April, please do not submit a new checklist.

We will update our records to reflect the additional workgroup when PVG schemes are submitted. 

Download guidance here

Assess your roles - new guidance

Disclosure Scotland have published guidance to help you assess your role(s) against the criteria for regulated roles. They have also created a helpful online ‘guidance’ tool and a short video on regulated roles. They will continue to update their guidance based on customer feedback.

If, after using the guidance and our children and protected checklists, you’re still unsure then email our Training and Compliance Team for support complianceandtraining@volunteerscotland.org.uk

Code of Practice

Disclosure Scotland have published an updated Code of Practice under the Disclosure Act.

The Code of Practice sets out responsibilities for organisations regarding the use of disclosure information and the exercise of their functions and applies to organisations who:

  • make applications for Level 1 disclosures on behalf of individuals
  • the countersigning of applications for Level 2 disclosures under section 11 of the Disclosure Act
  • third parties who receive disclosure information through an umbrella body

Organisations must ensure that they are familiar with their responsibilities to adhere to the Code of Practice. Organisations who act as an umbrella body must ensure that those they act on behalf of are aware of their responsibilities under the Code of Practice. 

If you have any questions about the Code of Practice, email complianceandtraining@volunteerscotland.org.uk

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.

 

Applicants Sharing Disclosure Results

From 1 April 2025, applicants will have more control over their information. The disclosure process will include a requirement for applicants to:

  • share a copy of their disclosure result with the organisation that countersigned the application.
    OR 
  • notify Disclosure Scotland that they will seek a review of the content of their disclosure result (see ‘review applications’ above) prior to sharing with the organisation.


Applicants must consent to share their disclosure result with the organisation regardless of whether it contains any disclosure information. For online disclosure applications, applicants will share their results via their online account. 

For paper/offline disclosure forms, applicants should contact Disclosure Scotland via phone or email and ask them to release the organisations copy of the paper disclosure result.

Please share this new step with your applicants to raise awareness and ensure they know how to share their result with you. 

Change to application types

From 1 April, the type of application you apply for will change. 

  • 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 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. 

Temporary Disclosure Application Freeze

To allow Disclosure Scotland to carry out essential work to implement the Disclosure Act on 1st April, they are introducing a temporary freeze on online disclosure applications from 1pm on Thursday 27th March until 1st April.

During this time, we will be unable to process online and paper/offline application requests. All application services will resume on Tuesday 1st April. All other services will function as normal. We apologise for any inconvenience. 

Available Training & Support Sessions

We have free online training and support sessions to help you learn the new legislation, prepare for the changes and ask any questions you may have about the implementation of the Disclosure Act or anything we have shared in this update. Book now for:

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