The Disclosure (Scotland) Act 2020 takes effect 1st April 2025. Important information for employers

Everything Employers Need To Know About New Disclosure Act

On the 1st of April 2025, Scotland's Disclosure Act is taking full effect, which means the laws will change and employers need to aware of how they can remain compliant.

Need Disclosure Scotland checks?

Whether you're an individual or an organisation seeking Basic, Standard, Enhanced, PVG Checks or PVG Updates, we're here to help.

Scottish Disclosures provides disclosure check processing as an Umbrella Body registered with Disclosure Scotland.

Contact Us

The new Disclosure (Scotland) Act 2020 introduces significant changes to how background checks work in Scotland. Here is what you need to know as an employer to keep up to date with the new Disclosure Act legislation and ensure your organisation remains compliant.

 

Contents

 

New Disclosure Scotland Check Names

One of the major changes brought by the new Disclosure Act is that the names of disclosure checks are changing. Recognising these new Disclosure Scotland check names is essential for employers processing background checks after April 2025.

The old Basic, Standard, Enhanced and PVG Scheme disclosure checks will be replaced by a simplified system of Level 1 and Level 2 checks.

Current Check New Name (From April 2025)
Basic Disclosure Level 1 Check
Standard Disclosure Level 2 Check
Enhanced Disclosure Level 2 with Barred List Check
PVG Scheme Record to Join PVG Scheme Record to Join Check
Existing Scheme Record PVG Scheme Record to Join Check
PVG Scheme Update PVG Scheme for Existing Member Check

 

For employers managing multiple disclosure applications, understanding these changes are crucial for compliance. Get in touch with us at info@scottish-disclosures.co.uk to find out more about these changes and if you have any regulated roles that require checks.

 

PVG Scheme Becomes Mandatory (from April 2025)

From 1st April 2025, the Protecting Vulnerable Groups (PVG) Scheme becomes a legal requirement in Scotland for people working in regulated roles. This mandatory PVG Scheme implementation is a significant shift in Scotland's legislation as previously some employers would not obtain their own check on candidates, meaning that they had no way of knowing if an applicant was barred from working with vulnerable groups.

 

Which Roles Require PVG Scheme Membership in Scotland?

The new Disclosure Act has expanded the definition of regulated roles in Scotland bringing many positions that did not previously require PVG checks to fall under the mandatory scheme. This includes a broader range of roles working with vulnerable groups and support positions.

The regulated roles under new PVG rules that may now require disclosure checks include, but are not limited to:

If you're unsure whether your organisation's roles now require PVG membership under the new regulations, it's important to reassess all roles as soon as possible.

This includes roles where their normal duties include the day-to-day supervision or management of an individual carrying out a regulated role as these roles will also now become a mandatory regulated role. The penalties for non-compliance include potential criminal charges for both the organisation and individual workers.

To determine whether or not a role is a regulated role eligible for PVG Scheme membership, get in touch us at info@scottish-disclosures.co.uk and we can support you through the process of obtaining checks for your workforce.

 

PVG Membership Duration Change

Starting from April 2026, the PVG Scheme will no longer have lifetime membership. PVG Scheme membership will now last 5 years before it needs to be renewed.

 

How long is the Grace Period?

There will be a three-month grace period between 1st April 2025 to 30th June 2025, after which non compliance becomes a criminal offence.

This will ensure individuals and organisations don't immediately commit an offence if there are individuals who are not yet PVG Scheme members but are working in roles that are regulated under the new law.

Individuals and organisations will not be committing an offence if an application to join the PVG Scheme is made before the end of the grace period, for an individual working in a regulated role, even if Disclosure Scotland has not issued the result.

It is important to submit an application to join the PVG Scheme before 30th June 2025 for those working in regulated roles who have not yet done so.

Need Disclosure Scotland Checks?

Whether you're an individual or an organisation seeking Basic, Standard, Enhanced or PVG Checks, we're here to help.

Scottish Disclosures provides disclosure check processing as an Umbrella Body registered with Disclosure Scotland.

Have Any Questions?

If you would like any guidance on Disclosure Scotland checks we would be happy to help!

Get In Touch