24th July 2024
The Disclosure (Scotland) Act 2020 changes – are you ready?
It’s only a few months to go until most of the Disclosure (Scotland) Act 2020 (the Disclosure Act) will be implemented. Are you and your organisation prepared?
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.
Some of the Disclosure Act provisions are in force already, laying the groundwork for implementation of the remainder of the Disclosure Act, which will be delivered in phases. Click the date below to find out more:
New powers for local authorities and Integration Joint Boards to make referrals to Disclosure Scotland. These powers will be available in certain circumstances, for example, during formal child and adult protection investigations where local authorities find evidence of harm of vulnerable people. This provision will enhance safeguarding, particularly in a self-directed support environment, where there is often no employer to make a referral.
- The introduction of 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 PVG scheme becoming mandatory for those carrying out regulated roles with children and protected adults.
Disclosure Scotland will have the ability to impose conditions on PVG scheme members who are under consideration for listing. They have postponed implementation of this power to:
- further engage with stakeholders, such as professional regulatory bodies (who have similar powers within their sectors), to ensure that their ability to impose conditions is robust, proportionate and integrates within the wider safeguarding landscape.
- provide stakeholders and customers with time to prepare for the changes required to adhere to conditions applied on scheme members under consideration for listing.
Conditions will not be applied in every case. These will only be applied where it is necessary to safeguard vulnerable groups. They will advise on the exact date for this coming into force as soon as possible.
Lifetime membership of the PVG scheme will be replaced by time-limited scheme membership, with renewal required every five years. Disclosure Scotland will engage with stakeholders further to understand what is required for the transition of existing scheme members to time limited membership. Further details on transitional arrangements will be provided as soon as possible.
Disclosure Scotland will continue to work on implementation in a collaborative manner and with stakeholders’ participation to inform product design.
What you can do now
To ensure compliance with data protection legislation, organisations should download the ‘Removal of Interest Form’ and return to disclosures@volunteerscotland.org.uk when a PVG scheme member stops doing regulated work with them.
Disclosure Scotland will then remove your organisations interest in the individual. This will help Disclosure Scotland identify those who no longer need to be in the PVG scheme, eliminate unnecessary monitoring and prevent them providing information to you which you are no longer legally entitled to.
Important note for your applicants: 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 to update your PVG details, timescales and legal requirements please visit the Disclosure Scotland website.
Recent consultation
As part of Disclosure Scotland’s work to implement most of the Disclosure Act by 1st April 2025, they are reviewing their fee waivers, discounting and registration fees. The public consultation ran from 5th March until 28th May 2024.
They received over 1,200 responses and 175 organisations shared their thoughts on the options discussed within the consultation.
They are now analysing the responses. A consultation report setting out the analysis themes will be available through the news section of their corporate website in due course. This work will inform fee regulations to be laid in early 2025.
Further information
VSDS Disclosure Act Information Sessions: VSDS is hosting Disclosure Act Info Sessions to give you the opportunity to learn about the new legislation and how you can prepare for working with the new Act. Find out more and book here
- For Disclosure Act Information via Disclosure Scotland please email: DisclosureAct@disclosurescotland.gov.scot