The Disclosure (Scotland) Act 2020
The Disclosure (Scotland) Act 2020 is set to be implemented on the 1st April 2025, bringing significant reforms to Scotland’s disclosure system.
These changes aim to streamline processes, enhance safeguarding measures, and provide individuals with greater control over their personal information.
Key Changes Effective from 1st April 2025
- Mandatory PVG Scheme Membership: It will become a legal requirement for individuals engaged in regulated roles with children or protected adults to be members of the Protecting Vulnerable Groups (PVG) Scheme. Organisations must ensure that all personnel in such roles hold valid PVG scheme membership.
- Introduction of Regulated Roles: The term ‘regulated work’ will be replaced by ‘regulated roles.’ While many current roles will transition seamlessly, new positions, such as football agents, talent scouts, hypnotherapists, and certain hospital or hospice-based roles, will now require PVG scheme membership.
- Grace Period for Compliance: A three-month grace period, from 1st April to June 20th 2025, will be provided to allow individuals and organisations to comply with the new mandatory PVG membership requirements. Post this period, it will be an offense for individuals to undertake, or organisations to offer, regulated roles without the requisite PVG membership.
- Trustee Requirements: Trustees, including committee and board members of organisations primarily benefiting children or protected adults, will be required to obtain PVG scheme membership. This ensures that those in positions of responsibility are appropriately vetted.
- Redefinition of Age Categories: The Act redefines ‘child’ as anyone under 18 years old and ‘protected adult’ as someone aged 18 or over who meets specific criteria. This change may necessitate organisations to reassess roles and ensure compliance with PVG requirements, especially if services cater to individuals aged 16 and above.
- Enhanced Applicant Control: Applicants will have increased control over their disclosure information. They will be required to share their disclosure results directly with recruiting organisations or notify Disclosure Scotland if they intend to seek a review of the content.
- ScotAccount Implementation: Applicants must set up a ScotAccount by verifying their identity before completing their PVG application. This system allows applicants to view and share their disclosure results promptly, streamlining the process.
- Notification Obligations: PVG scheme members are mandated to inform Disclosure Scotland of any changes in their personal details. This ensures that records remain current and accurate.
Fee Structure Updates
Despite the comprehensive changes, the Scottish Government has decided to maintain existing disclosure fee levels:
- Level 1 Disclosures: £25
- Level 2 Disclosures: £25
- PVG Scheme Membership (Level 2): £59 for new members; £18 for existing members requiring updates
Level 1 and 2 replaces the current basic, standard and enhanced. The end of lifetime PVG scheme membership has been replaced with a renewable 5 year membership scheme from 1st April 2026 onwards.
Preparation and Support
To assist organisations and individuals in adapting to these changes, Volunteer Scotland is offering free training webinars. These sessions cover key updates, legal requirements, and provide guidance on compliance. Various training sessions are available, including:
- Disclosure Act Implementation Sessions: A 2-hour session detailing major changes and their impact on groups, volunteers, and staff.
- Drop-in Q&A Sessions: A 1-hour informal session allowing participants to ask questions and discuss new requirements.
- Disclosure Act Legal Requirement Training: A 1.5-hour session focusing on compliance, legal responsibilities, and referrals under the PVG scheme.
These sessions are held online, with various dates and times to accommodate different schedules.
www.voluntarysectorgateway.org
Organisations and individuals are encouraged to engage with these resources to ensure a smooth transition to the new disclosure system and uphold the highest standards of safeguarding within their operations.
New Powers for Disclosure Scotland
Disclosure Scotland can bar people working with children and protected adults after an investigation. This Act gives new powers to impose conditions on people while under investigation.
For a visual overview of the upcoming changes, you might find the following video informative:
Get Ready for the Disclosure Act: What is the Disclosure (Scotland) Act 2020?
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