The Act aims to better balance the need to protect the public – particularly children and vulnerable adults – with the right of individuals to move on from past convictions. Implementation is taking place in four phases from 2024 to 2026, affecting employers, voluntary organisations, and individuals in regulated roles.
Why the changes?
The reforms aim to:
- Simplify a previously complex system;
- Give individuals more control over their personal information; and
- Strengthen public protection, especially where there is a risk of harm to vulnerable groups.
Phase 1: referral powers expanded
Effective from 30 September 2024
Local authorities and Integration Joint Boards now have powers to refer individuals to Disclosure Scotland during formal child or adult protection investigations. This includes cases where there is no formal employer, such as in self-directed support or informal care arrangements. This change promotes the safeguarding of children and vulnerable adults, particularly in circumstances where there is no one else to make a referral.
Phase 2: disclosure system reform
Effective from 1 April 2025
This phase introduced:
- A simplified disclosure system;
- A tailored approach to disclosing childhood offences, with rights to review disclosed convictions to promote fairness; and
- Mandatory PVG scheme membership for individuals in regulated roles involving children and protected adults.
Introduction of level 1 and level 2 disclosures
The traditional system (basic, standard, enhanced) has been replaced:
- Level 1: Similar to the former Basic Disclosure.
- Level 2: Replaces standard and enhanced disclosures, with two types:
- Level 2 (disclosure only): For roles involving sensitive duties (e.g. solicitors).
- Level 2 (with barred list check): For roles involving direct contact with vulnerable groups (e.g. adoption).
Regulated roles vs. regulated work
From 1 April 2025, PVG Scheme membership became mandatory for anyone in a regulated role. This is a shift from the previous voluntary model. Applications must be submitted by 30 June 2025. Failure to comply constitutes an offence.
Regulated roles include, but are not limited to:
- Charity trustee (where organisation has one of its main purposes to provide benefits to children or protected adults)
- Driving instructor
- Members of the Children’s Panel, Children’s Hearings Scotland and the Scottish Children’s Reporter Administration
- Elected members (local authorities) where they hold a position of a full or designated substitute member of a committee (or sub-committee) concerned with either education, accommodation, social services or healthcare provision
Employers must assess which roles fall under the new definition of "regulated roles" and ensure those individuals are members of the PVG scheme. If you are self-employed, it is your responsibility to ensure you are a member of the PVG scheme where necessary. If not complied with, this will result in legal consequences.
Phase 3: conditions on PVG members
Effective from late 2025
Disclosure Scotland will be able to impose conditions on PVG members who are under consideration for listing (i.e. being barred from working with vulnerable groups). This means someone under investigation may continue working only under certain restrictions.
While investigations are ongoing, organisations must adapt their safeguarding and risk assessment procedures accordingly.
Phase 4: time-limited PVG scheme membership
Effective from 1 April 2026
PVG membership will no longer be for life. Instead, it will be valid for five years, after which renewal is required. Employers and voluntary organisations must:
- Maintain up-to-date PVG records;
- Monitor renewal dates to avoid lapses in compliance;
- Ensure alignment with data protection obligations.
Practical considerations for employers
To remain compliant, organisations should:
- Review all roles to determine if they qualify as regulated;
- Update PVG records and monitor renewal deadlines;
- Train HR and safeguarding teams on new rights, processes, and obligations;
- Establish internal policies for managing PVG conditions and disclosures under review;
- Be aware of the duty to refer individuals where there are safeguarding concerns.
Looking ahead
The Disclosure (Scotland) Act 2020 represents a modern, proportionate, and protective approach to safeguarding. While it introduces new responsibilities, it also enhances fairness and transparency in the disclosure process.
If you require legal advice on how these changes affect your organisation, staff, or volunteers, our team at MFMac is here to help.
This article was co-authored by Sasha Fothergill, Trainee Solicitor in MFMac's Charities and Third Sector team.
