Get Ready for the Disclosure Act - Week two recap
Last week, Disclosure Scotland launched its Get Ready for the Disclosure Act campaign on social media. This no cost campaign aims to inform and educate our stakeholders and customers about the changes that the Disclosure (Scotland) Act 2020 will make to the disclosure system in Scotland.
Week two focused on the PVG scheme becoming a legal requirement, commencing regulated roles prior to being a member of the PVG scheme and if a PVG membership is required for individuals working in both Scotland and England. Information was also provided for existing PVG members.
Why is the PVG scheme not a legal requirement already?
The Scottish Parliament decided in 2007 that the PVG Scheme was not to be a legal requirement. During the PVG review consultation in 2018, there was widespread support for the PVG scheme to become a legal requirement, with most stakeholders already treating the scheme as mandatory in practice.
More information is available in the key narrative for this quarter.
Can I start my new job while I wait for my PVG scheme membership result?
No. The individual must not commence a regulated role prior to being a member of the PVG scheme for that type of work from 1 April 2025.
Further information about the PVG scheme is available on the Disclosure Scotland website.
I work in both England and Scotland, will I need both a PVG scheme membership and a DBS Disclosure?
Yes. Anyone carrying out a regulated role in Scotland must be a PVG scheme member for that type of work, regardless of whether criminal record checks have been carried out elsewhere.
What is a regulated role?
If you are carrying out a regulated role, then you are required, by law, to be a member of the PVG scheme from 1 April 2025. The introduction of ‘regulated roles’ from 1 April 2025 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 scheme membership.
Disclosure Scotland will provide updated guidance on regulated roles in advance of the PVG scheme becoming a legal requirement from 1 April 2025. We expect to publish this guidance in mid-to-late February 2025 once updates to regulated roles have been approved by Parliament. We have developed this guidance in conjunction with our stakeholders.
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.
Our Customer Engagement Team are supporting organisations to understand regulated roles ahead of the updated guidance being published. Email DisclosureAct@disclosurescotland.gov.scot for advice.
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