New disclosure requirements for Scottish charities

By Victoria Simpson, Gillian Harkness-McKinlay, and Aman Uppal

The Disclosure (Scotland) Act 2020 (the Act), the key provisions of which are coming into force in stages, makes significant changes to disclosure processes and to membership of the Protecting Vulnerable Groups (PVG) scheme. This includes changes to disclosure checks, new powers for local councils and new terminology around “regulated work”.

What does the Act aim to do?

The Act seeks to:

• Focus on protecting the public, while balancing the need for people to move on from offending.
• Simplify the process for disclosing criminal history information.

In summary the Act:

• Introduces simplified disclosure products, giving individuals more control over their information.
• Adopts a personalised approach to disclosing childhood offences and provides rights of review for disclosed convictions, to enhance fairness and proportionality.
• Replaces the term ‘regulated work’ with ‘regulated roles’ for better clarity.

• Creates a legal requirement for membership of the PVG scheme for those carrying out a regulated role.
• Allows Disclosure Scotland to impose conditions on PVG scheme members who are under consideration for listing.

The Act makes changes to the way in which disclosure checks are carried out, makes changes to PVG scheme membership and provides new powers for Disclosure Scotland, councils and integration boards.

These important changes are relevant to those within the charity sector working with vulnerable groups, meaning young people or vulnerable adults. These changes are considered below.

Changes to Disclosure Checks

All charities in regulated roles must be familiar with the new disclosure checks regime.

Basic, standard and enhanced and PVG disclosure level checks have been replaced with ‘Level 1’ and ‘Level 2’ checks.

• Level 1 checks have replaced basic disclosure. This check shows 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 checks have replaced most standard disclosures required for roles such as solicitors or accountants. All level 2 disclosures show information on spent and certain unspent convictions, as well as any other relevant information held by the police.

An independent review of some disclosure content can now be requested.

Where there are any childhood convictions to be disclosed, the context of these convictions can be explained before they are disclosed.

New powers for Disclosure Scotland

Disclosure Scotland can now, after an investigation, bar people from working with children and protected adults.

The Act also allows Disclosure Scotland to impose conditions on individuals whilst they are being investigated. These conditions end when a decision has been reached on whether to bar the individual or not.

New powers for councils and integration boards

The Act allows local councils and integration boards to make referrals to Disclosure Scotland in order to safeguard people who have set up their own care and support arrangements. This includes self-directed support and employing people directly.

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

Changes to PVG scheme memberships

PVG membership is now mandatory for all regulated roles with children and protected adults (as from 1 April 2025). 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.

From 1 April 2026, lifetime PVG scheme membership will end. This will be replaced with a time limited membership which will last five years before it needs to be renewed. This change is being implemented in April 2026 to allow for a smooth and fair transition for existing PVG members to the new arrangements.

What can be done to prepare?

To give individuals and organisations time to adjust and implement the necessary changes, we are currently in a three-month grace period until 1 July 2025.

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

• Individuals to perform a regulated role without being a member of the PVG scheme.
• Organisations to offer a regulated role to someone who is not a member of the PVG scheme.

How we can help

The implementation of the Disclosure (Scotland) Act 2020 marked a significant shift in the landscape of disclosure processes and PVG scheme membership in Scotland. With its focus on public protection and the simplification of criminal history disclosures, the Act introduced several key changes that have an important impact upon individuals and organisations, particularly those in the charity sector working with vulnerable groups.

The introduction of Level 1 and Level 2 checks, new powers for Disclosure Scotland and local councils, and the mandatory PVG scheme membership for regulated roles are all designed to enhance safeguarding measures and to ensure a fairer, more transparent system. From 1 July 2025 when the grace period ends, it is crucial for those affected to be fully informed and ready to comply with the new requirements.

By understanding and adapting to these changes, individuals and organisations can continue to provide safe and supportive environments for vulnerable groups, while also benefiting from a more streamlined and equitable disclosure process. The grace period has also provided a valuable opportunity to familiarise oneself with the new regulations and ensure a smooth implementation of the Act’s provisions.

For support on any of these issues, you can get in touch with Gillian.Harkness-McKinlay@andersonstrathern.co.uk, Victoria.Simpson@andersonstrathern.co.uk or aman.uppal@andersonstrathern.co.uk.