Disclosure (Scotland) Act 2020 – what do you need to know and do now?

Most of the Disclosure (Scotland) Act 2020 (Disclosure Act) will be implemented on 1 April 2025. You and your organisation have less than six months to prepare.

What you need to know

What’s happened recently?

Our public consultation on fee discounts and waivers ran from the 5 March until the 28 May 2024. Disclosure Scotland received over 1,200 responses and spoke to 175 organisations to gather their views. A consultation report setting out our analysis of the key themes will be published on our website. More information will be provided in our next update. The consultation responses are being fed into the policy development and options to Scottish Ministers.

Decisions on the future fee arrangements at Disclosure Scotland will be made balancing public finances against affordability for customers. We expect to be laying fee regulations in February 2025, subject to parliamentary timetabling.

Furthermore, on 30 September 2024, new referral powers for local authorities and Integration Joint Boards were introduced under the Disclosure Act. This is an important change to enhance safeguarding of children and protected adults, particularly in a self-directed support environment, where there is no other organisation who can make a referral.

What’s changing next and when?

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.

1 April 2025 is a major milestone for implementation of the Disclosure Act. On this date:

there will be a reduction in the number of disclosure products
applicants will have more control over their information. The disclosure process will include a requirement for applicants to share a copy of their disclosure with the accredited body that countersigned the application, or to notify Disclosure Scotland that they will seek a review. Disclosure Scotland’s Digital Team are currently developing this, ending the current process of applicant and countersignatory results being produced simultaneously
an individualised approach to the disclosure of childhood offending and rights of review for convictions disclosed, to enhance fairness and proportionality. Applicants will be able to indicate their intent to review a Level 2 disclosure digitally
the Protecting Vulnerable Groups (PVG) scheme will become mandatory for those carrying out regulated roles with children and protected adults

What’s changing after 1 April 2025?

From late 2025, Disclosure Scotland will have the ability to impose conditions on PVG scheme members who are under consideration for listing. On 1 April 2026, lifetime membership of the PVG scheme will be replaced by time-limited scheme membership, with renewal required every five years.

We will continue to engage with our stakeholders to discuss implementation of conditions and what is required for the transition of existing scheme members to time-limited membership. Our stakeholders’ participation informs our processes and product design.

You can view more information on these provisions on our website.

What you can do now...

Establish if you are doing or offering regulated roles

The Disclosure Act includes replacing the concept of ’regulated work’ with ’regulated roles’ as the basis for mandatory PVG scheme membership. We expect roles that are currently regulated work will also be regulated roles.

However, the introduction of ‘regulated roles’ will bring new roles into the PVG scheme that are currently not regulated work, for example, football agents, talent scouts, hypnotherapists and certain hospital or hospice based roles that do not currently qualify for PVG.

To help you assess if you will be offering regulated roles, please review the Disclosure Act schedules on ‘regulated roles’ with children and protected adults, and explanatory notes. Disclosure Scotland expect to be laying regulations modifying the current schedules in January 2025, subject to parliamentary timetabling. We will publish regulated roles guidance as soon as possible thereafter.

Disclosure Scotland’s Customer Engagement Team can help you to establish if your role(s) are regulated. Email DisclosureAct@disclosurescotland.gov.scot for advice.

Keep your data up to date

To ensure compliance with data protection legislation, organisations should notify Disclosure Scotland when a PVG scheme member stops doing regulated work with them. This will prevent organisations receiving information to which you are no longer entitled.

To do this, please email dsupdate@disclosurescotland.gov.scot with:

the individual’s name
date of birth
PVG number

Disclosure Scotland will then remove your organisation’s interest in the individual.

Your organisation should have records of PVG scheme members you are linked with. If you don’t, Disclosure Scotland can provide your organisation with a list of PVG scheme members that your organisation is linked to. Please request this by contacting our dedicated team at dsupdate@disclosurescotland.gov.scot and provide your countersignatory and registered body codes in your request.

By law, PVG scheme members need to tell Disclosure Scotland if their personal details have changed. By informing us, 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 our website. Organisations can highlight this requirement to their employees and volunteers.

Keep up to date with future developments

For more information on:

Disclosure Scotland, visit our website: www.disclosure.gov.scot

the Disclosure Act, contact DisclosureAct@disclosurescotland.gov.sco