Preparing for Upcoming Changes to Disclosure Scotland

Disclosure in Scotland is changing. From 1 April 2025 implementation of the Disclosure (Scotland) Act 2020 will entail a number of changes to disclosure processes and PVG scheme membership across Scotland. This will include changes to disclosure checks, new powers for local councils, and new terminology around “regulated work”.

All the changes are outlined below, but if you would like more information on how to prepare, or if you would like to get in touch with Disclosure Scotland directly, please visit Preparing for changes to the disclosure system https://www.disclosure.gov.scot/prepare.

The Disclosure Act (Scotland 2020)

Signed into law in July of 2020, the Disclosure Act (Scotland) Act aims to protect vulnerable people (and the general public) while balancing the need for people to move on from past convictions by simplifying the process for disclosing criminal history information. The act restates and amends the laws relating to the disclosure of criminal history and other information relevant for working in regulated roles.

Implementation of the act will begin on 1 April 2025, which means there will be a number of changes to Disclosure Scotland’s services.

Changes to Disclosure Checks

The current system of ‘basic’, ‘standard’, and ‘enhanced’ checks will be replaced. From 1 April 2025 there will only be ‘Level 1’ and ‘Level 2’ checks, with an additional ‘Level 2 with barred list check for restricted roles. The PVG scheme will remain the highest level disclosure check.

You will be able to ask for an independent review of some disclosure content, and you will also be able to explain the context for certain spent or childhood convictions before they are disclosed.

Level 1 Disclosure:

Level 1 checks will replace basic disclosure. They will show all unspent convictions (criminal convictions that are still within the rehabilitation period) and any notification requirements (instructions those placed on the sex offenders register must follow).

Level 2 Disclosure:

Level 2 checks will replace most standard disclosures required for roles such as solicitors or accountants. All level 2 disclosures will show information on spent and certain unspent convictions, as well as any other relevant information held by the police.

Baseline information disclosed on all Level 2 checks will include:

• Unspent convictions

• Certain spent convictions

• Certain spent childhood convictions and children’s hearings outcomes

• Any notification requirements (instructions someone must follow if they're on the Sex Offenders Register)

• Unspent cautions (but not a childhood caution)

• Other relevant information held by the police

Some roles will require additional checks designed to determine your suitability for roles or activities that involve children. Roles that involve working with children will require PVG scheme membership, but certain activities, such as adopting a child will require a Level 2 with barred list check instead. This will replace most enhanced disclosures.

Level 2 With Barred List Check:

A barred list check will show the information disclosed on all level disclosures, as well as:

• If you are on (or are being considered for inclusion on) the barred lists for working with children or adults

• If you have any prescribed civil court orders

You can find out more about the barred lists for work with children and adults here, including what happens if you are listed, how the consideration assessment works, and how to apply to be removed from a list.

PVG Scheme Disclosure:

PVG membership, and a PVG scheme disclosure will be mandatory for regulated roles with children or protected adults (teachers, carers, nurses etc). A PVG scheme Disclosure will show:

• The baseline information shown for all Level 2 disclosures

• That you're a member of the Protecting Vulnerable Groups (PVG) scheme

• If you're under consideration for inclusion on the barred lists for work with children or adults

• If you have had any prescribed civil court orders

It is important to note that in legislation this disclosure level is referred to as a ‘Level 2 with PVG’ disclosure. In addition, the current ‘statement of scheme membership’ will be replaced with a new product called a ‘confirmation of PVG scheme membership’.

Changes to PVG Scheme Memberships

From the 1 April 2025, PVG scheme membership will become mandatory for all regulated roles with children and protected adults. Late 2025 will see an additional change, the ability on the part of Disclosure Scotland to impose conditions on PVG scheme members who are under consideration for listing.

The following year (1 April 2026) lifetime PVG membership will end and be replaced with a time limited membership. Memberships will last 5 years before needing to be renewed.

The change to lifetime memberships is happening in 2026 to allow for a smooth, fair transition to the new arrangements for existing PVG members.

Changes for Trustees/Board Members

As of 1 April 2025 a charity’s trustees, or those serving on its board (including non-executive members) may require PVG scheme membership.

It will be a legal requirement to be a member of the PVG scheme if you:

“Hold a position of responsibility in an organisation which has as one of its main purposes the provision of benefits for or to children (regardless of whether the organisation has an additional purpose of providing benefits for or to another group of persons) and/or hold a position of responsibility in an organisation which has as one of its main purposes the provision of benefits for or to protected adults (regardless of whether the organisation has an additional purpose of providing benefits for or to another group of persons)”.

and,

“Also have contact with children and/or protected adults. Contact includes visual, written or verbal communication or exercising power or influence over children and/or protected adults”.

Trustees and board members of organisations that benefit children or protected adults will be considered to be in protected roles, and thus will require PVG scheme memberships.

New Powers for Councils and Integration Boards

The Act will grant local councils and integration boards new powers to make referrals to Disclosure Scotland. This is to better safeguard people who have set up their own care and support arrangements.

These powers will be accessible in specific situations, such as during formal child and adult protection investigations, where local authorities uncover evidence of harm to vulnerable individuals. This measure will strengthen safeguarding, especially within self-directed support settings, where there is often no employer to initiate a referral.

What Can I do to Prepare?

It will not immediately become a criminal offence for individuals to carry out regulated roles without PVG membership, or for organisations to offer regulated roles to individuals that are not members of the PVG scheme.

There will be a grace period of three months after the PVG scheme becomes a legal requirement from 1 April 2025. This will allow individuals and organisations time to adjust and make the necessary changes, ensuring that there are no unnecessary offences committed as the act becomes law.

From 1 July 2025 onwards, it will become a criminal offence for: 

• individuals to carry out a regulated role if they are not a member of the PVG scheme 

• organisations to offer a regulated role to an individual who is not a member of the PVG scheme 

This adds to the existing offences under the PVG Act. 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 not offer a regulated role to someone who is barred from that type of regulated role. 

For more information about what you can do to prepare for the upcoming changes, please visit https://www.disclosure.gov.scot/prepare.