Legislation in Focus: Navigating the Disclosure (Scotland) Act 2020 and Mandatory PVG Scheme Membership
Last updated: 19th March 2025
Overview
The Disclosure (Scotland) Act 2020 is designed to enhance public safeguarding by making PVG membership mandatory for regulated roles. This document explains the key changes, including updated disclosure levels, new PVG membership requirements, and enhanced powers for Disclosure Scotland and local authorities, along with practical next steps for employers.
Introduction
The
Disclosure (Scotland) Act 2020 reshaping safeguarding practices across Scotland. By making membership in the
Protecting Vulnerable Groups (PVG) scheme a legal requirement for anyone working in regulated roles, the Act aims to enhance protection for children and vulnerable adults. With critical deadlines set for 1 April 2025, when the act comes to force, and a three-month grace period until 1 July 2025 before criminal sanctions apply, employers must quickly understand and act on these changes to ensure that vulnerable groups remain protected and that compliance is maintained.
Background to the Act
The Disclosure (Scotland) Act 2020 aims to focus on protecting the public while balancing the need for people to move on from offending, and to simplify the process for disclosing criminal history information. The Scottish Government consulted with stakeholders—completing three rounds of scrutiny at the Scottish Parliament—before the Act became law in July 2020. Disclosure Scotland will make the changes required by the Act from 1 April 2025.
Key Takeaways:
- 1 April 2025: The Disclosure (Scotland) Act 2020 comes into effect, making PVG membership mandatory for all regulated roles; The current disclosure levels will be replaced by new Level 1 and Level 2 checks.
- 1 July 2025: End of the grace period; non-compliance may result in criminal offences.
- Immediate Action Required: Employers must assess roles and update policies
- 1 April 2026: Lifetime PVG membership will be replaced by a time‑limited (5‑year renewable) membership.
How the Act Will Change The Services
The Act will lead to significant changes, including:
- Disclosure Checks: The current basic, standard, enhanced, and PVG disclosure levels will be replaced by ‘Level 1’ and ‘Level 2’ checks. Applicants will be able to request an independent review of certain disclosure content and provide context for spent or childhood convictions before they are disclosed.
- PVG Scheme Memberships: From 1 April 2025, PVG membership will become mandatory for all regulated roles involving children and protected adults. Additionally, from 1 April 2026, lifetime PVG membership will end and be replaced by a time‑limited (5‑year renewable) membership to ensure periodic re‑assessment and current safeguarding.
- New Powers for Disclosure Scotland: Disclosure Scotland will gain the authority to bar individuals from working with children and protected adults following investigations, and it can impose conditions during those investigations (which will cease once a final decision is reached).
- New Powers for Councils and Integration Boards: Local councils and integration boards will be able to make referrals to Disclosure Scotland to better safeguard individuals who have self‑directed care or support arrangements.
- Review Applications: The Act introduces a new process called "review applications," allowing individuals to request a review of their disclosure content before it is shared with the organisation that requested it. This gives applicants greater control over their data and ensures accuracy.
- Digital Transformation: The introduction of an Online Account service will streamline the application process for disclosures and PVG memberships, improving efficiency and supporting business growth.
Understanding Regulated Roles
Under the Act, the traditional concept of “regulated work” is replaced by “regulated roles.” These are paid or voluntary positions where individuals carry out activities that involve contact with children or protected adults. Contact isn’t just face-to-face - it includes physical, visual, written, or verbal communication, and even indirect influence such as decision-making authority. Employers can refer to the official
guidance on regulated roles provided by Disclosure Scotland, including an
online ‘guidance’ tool and a short
video.
Examples of Regulated Roles
Regulated roles cover a wide range of responsibilities, including:
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Caring Responsibilities: Roles that involve direct care or supervision.
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Teaching or Supervising: Educational and mentoring positions.
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Personal Services: Roles providing assistance or personal care.
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Positions of Authority: Trustees, board members, and management committee members.
Additionally, from 1 April 2025, new roles will be classified as regulated, such as:
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Sports and Talent Scouts: Those representing and recruiting children under 18 for sports clubs or other organisations.
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Non-Clinical Health or Hospice Staff: Individuals (including volunteers) who have unsupervised contact with children or vulnerable adults.
Employers should assess all positions against the criteria outlined in Schedule 3 and Schedule 4 of the Act to determine if they are regulated roles.
Supervised vs. Unsupervised Contact
Contact in regulated roles can be supervised or unsupervised. Certain positions allow individuals to exert significant power or influence over children or protected adults, even in the presence of a responsible person (e.g., a parent, guardian, or teacher). For instance, roles like teachers, children's sports coaches, and support workers inherently involve a degree of authority and trust that impacts vulnerable individuals, regardless of supervision. It's essential for employers to assess the nature of each role to determine the level of contact and influence involved.
Purpose of the PVG Scheme
The PVG Scheme is designed to safeguard vulnerable populations by ensuring that individuals undertaking regulated roles are suitable for such positions. It achieves this by:
- Preventing Unsuitable Individuals from Gaining Access: By maintaining lists of individuals barred from working with children and protected adults, the scheme helps prevent those with a known history of harmful behaviour from engaging in regulated work.
- Continuous Monitoring: Once an individual becomes a PVG scheme member, Disclosure Scotland continuously monitors their suitability to work with vulnerable groups. If new information arises indicating that a member may be unsuitable, Disclosure Scotland can take action, including barring the individual from regulated work.
- PVG Membership Update: From 1 April 2026, lifetime PVG membership will be replaced by a time‑limited (5‑year renewable) membership.
This system ensures that only individuals not barred from working with children or protected adults are permitted in these roles. It achieved this through continuous vetting of individuals in positions of trust, thereby enhancing the safety and well-being of vulnerable groups.
All PVG disclosures include a Statement of Scheme Membership, which shows:
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The type(s) of regulated work the individual is approved for
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Confirmation that the individual is not barred from that work
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Personal details such as name, address, date of birth, disclosure number, and PVG membership number
Key Legal Requirements and Deadlines
Starting from 1 April 2025, the Disclosure (Scotland) Act 2020 mandates that individuals in regulated roles must be members of the Protecting Vulnerable Groups (PVG) scheme. This means that as an employer, you are required to ensure that any positions within your organisation that involve regulated work are filled by individuals who are PVG scheme members. To facilitate this transition, a three-month grace period is provided, extending until 1 July 2025. During this time, employers should take the necessary steps to comply with the new requirements. After this period, non-compliance may result in criminal charges, underscoring the importance of timely action.
Offences and Compliance
The legislation is clear on the consequences:
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Individuals engaging in a regulated role without PVG membership, and
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Organisations offering regulated roles without proper verification (including trial sessions),
will face criminal sanctions post-1 July 2025. Employers must also account for additional checks if individuals are already barred from working with vulnerable groups.
The Act reinforces that both individuals and organisations carry significant responsibilities in ensuring that only suitable candidates are given roles that involve any level of contact with protected groups.
Employers must also take into account roles where the individual may be subject to additional checks (e.g., if already barred from working with children or vulnerable adults). The Act reinforces that both individuals and organisations carry significant responsibilities in ensuring that only suitable candidates are given roles that involve any level of contact with protected groups.
New Powers for Disclosure Scotland and Local Authorities
The Act grants Disclosure Scotland new powers to bar individuals from working with children and protected adults following an investigation. It also empowers local councils and integration boards to refer individuals to Disclosure Scotland, thereby improving safeguarding for those with self‑directed support arrangements or who are directly employed.
Remote Working Considerations
In today's increasingly digital workplace, remote working has become commonplace. However, when it comes to the Disclosure (Scotland) Act 2020, it's essential to understand how these arrangements impact your obligations under the Protecting Vulnerable Groups (PVG) scheme.
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For Roles Based in Scotland: If your organisation is based in Scotland and your employees are carrying out regulated roles, PVG membership is mandatory, even if the individuals they support or interact with are located outside of Scotland.
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For Roles Based Outside Scotland: Conversely, if your organisation operates outside of Scotland but delivers services to individuals within Scotland, these roles are not considered regulated under the Act. Therefore, PVG membership is not required in this scenario.
It is essential for employers to review their remote working policies and ensure that they are aligned with the Act’s definitions. This might involve revising role descriptions, updating contract terms, and clearly communicating these distinctions to employees. By carefully evaluating your remote working arrangements in light of these considerations, you can ensure compliance with the Act and uphold the highest standards of safeguarding within your organisation.
Changes to the Disclosure Process
From 1 April 2025, the disclosure process will shift to provide applicants with greater control over their personal information. Key changes include:
- Sharing Disclosure Information: Applicants are now required to share a copy of their disclosure with the accredited body that countersigned their application. Alternatively, they must notify Disclosure Scotland if they intend to seek a review of the content. This process replaces the previous system where the applicant and the countersignatory’s disclosures were shared simultaneously.
- Recruitment Adjustments: Employers should update their recruitment processes and materials to reflect these changes. This may involve:
- Revising application forms.
- Updating internal guidelines to inform candidates about the new requirements.
- Providing clear instructions on how to manage and share disclosure information.
The introduction of an Online Account service marks a significant milestone in the public roll-out of digital disclosure management. With more people able to apply for basic disclosures and PVG memberships online, the process is becoming both more efficient and user-friendly. This digital shift not only streamlines recruitment and verification but also supports business growth by reducing delays in the hiring process.
Updated Offence Lists
New offence lists have been introduced under the Act:
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List A includes the most serious offences (e.g., violence, sexual offences, terrorism-related offences).
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List B includes other significant offences (e.g., theft, fraud) that remain disclosable even when spent. Children’s hearing outcomes will only be disclosed on Level 2 checks following a review by Scottish Ministers under section 13 of the Act.
Review Applications
The Act introduces a new process called "review applications," which allows individuals to request a review of their disclosure information before it is shared with the organisation that requested it. This gives applicants greater control over what is disclosed and ensures the accuracy of the information.
Updated Code of Practice
Disclosure Scotland has published an updated Code of Practice for accredited bodies under the Act. This document outlines the responsibilities of bodies making Level 1 disclosures, countersigning Level 2 disclosures, and handling third-party disclosure information. Accredited bodies are required to ensure that all parties they work with are aware of their obligations under this Code.
Additional Details on Disclosure Levels
In the new process, the existing four disclosure levels (basic, standard, enhanced, and PVG scheme) will be restructured as follows:
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Level 1 Disclosure: Replaces basic disclosure and will display unspent convictions.
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Level 2 Disclosure: Replaces most standard disclosures and will include unspent convictions, certain spent convictions (including specific spent childhood convictions and outcomes of children’s hearings), notification requirements (e.g. for individuals on the Sex Offenders Register), unspent cautions (excluding childhood cautions), and additional police-held information.
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Level 2 with Barred List Check: For roles that require extra verification, this level will indicate if an individual is barred (or under consideration for inclusion on the barred lists) from working with children or protected adults, including any prescribed civil court orders.
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PVG Scheme Disclosure: Combines all baseline Level 2 information with confirmation of PVG scheme membership.
Support, Guidance, and Fee Structure
Disclosure Scotland offers resources to assist employers:
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Customer Engagement Team: For guidance on assessing whether a role is regulated or on any other compliance issues, employers can contact the CET via email at DisclosureAct@disclosurescotland.gov.scot.
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Training and Events: Sign up for sessions on the Disclosure Act through their events page. A series of training sessions and events are available to provide deeper insights into the Act. Employers are encouraged to sign up through the Disclosure Scotland events page to stay updated on best practices.
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Guidance and Digital Transition: Disclosure Scotland is developing comprehensive guidance and training around the Act to help stakeholders prepare for these changes. In addition, the rollout of an Online Account service will make it easier for applicants to apply for basic disclosures and PVG memberships, streamlining recruitment and verification processes.
Fee Structure and Volunteer Exemptions
- PVG Membership Fees: For Qualifying Voluntary Organisation (QVO) volunteers, PVG scheme membership will remain free. This acknowledges the vital role volunteers play across care, health, sports, and community services.
- Disclosure Fees: Fees for the new Level 1 and Level 2 disclosure products are maintained at levels comparable to those in place since 2011. This ensures that safeguarding remains accessible, particularly for organisations operating on limited budgets.
- Time‑Limited Membership Update: Additionally, from 1 April 2026, lifetime PVG membership will be replaced by a time‐limited (5-year renewable) membership. This change ensures that safeguarding measures are periodically reassessed and remain up to date.
Next Steps for Employers
To ensure a smooth transition and full compliance with the Disclosure (Scotland) Act 2020, employers should:
- Conduct a Comprehensive Role Assessment:
- Review all positions, both paid and voluntary, against the criteria defined in the Act.
- Consult the schedules and explanatory notes to determine if a role is regulated.
- Update Remote Working Policies:
- Clearly define which roles require PVG membership based on the employee’s location.
- Revise contracts and role descriptions to reflect these changes.
- Revise Recruitment Processes:
- Update application forms and internal policies to incorporate the new disclosure process.
- Educate potential candidates about the requirements for sharing disclosure information.
- Engage with Available Resources:
- Contact Disclosure Scotland’s Customer Engagement Team for personalised advice.
- Sign up for training sessions and review guidance materials provided on their website.
- Notify Disclosure Scotland about expected PVG application volumes to support resource planning.
- Review and Update Documentation:
- Update all internal policies, role descriptions, and employment contracts to align with the new requirements, including the transition to a time-limited PVG membership from 1 April 2026.
Conclusion
The Disclosure (Scotland) Act 2020 represents a significant shift in safeguarding practices within Scotland. As an employer, it's imperative to understand these changes, assess your current roles, and ensure compliance with the new requirements. By proactively engaging with the available resources and updating your internal processes, you can continue to provide a safe environment for vulnerable groups and uphold the integrity of your organisation.
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