Understanding the Latest Amendment to the Disclosure (Scotland) Act 2020: What You Need to Know

In an effort to streamline Scotland's disclosure regime, the Scottish Government has introduced the Disclosure (Scotland) Act 2020 (Commencement No. 5, Saving and Transitional Provision) Amendment Regulations 2025. This may sound like a mouthful, but let’s break down what it really means for you.

What’s Happening?

This new regulation is set to tweak the existing Disclosure (Scotland) Act 2020, specifically targeting the way certain sections are brought into force. Key dates to remember? Mark April 1, 2025, on your calendar—this is when the bulk of these changes will take effect.

The Core Changes:

1. Transitional Provisions Introduced:

   • Sections 77 and 86, along with paragraph 10(46) of schedule 5 of the Disclosure Act, are being activated. This means modifications to how certain provisions in the Protection of Vulnerable Groups (Scotland) Act 2007 (PVG Act) are applied temporarily.
   • Specifically, some references to new sections (72 and 76) will be omitted until these sections are officially in play.

2. Clarifying Confusion:

   • The Scottish Government aims to eliminate potential confusion by adjusting references related to scheme membership renewal and conditions imposed on members under consideration for listing.

Background on Disclosure Scotland:

Disclosure Scotland plays a crucial role in keeping the workforce safe by providing criminal record disclosures and managing the PVG Scheme. This scheme ensures that individuals barred from working with vulnerable groups are identified and managed appropriately.

Why These Changes?

The amendments are part of a broader effort to modernize and simplify the disclosure system in Scotland. By phasing in these changes, the government hopes to ensure a smooth transition to a more efficient system that protects vulnerable groups more effectively.

Consultation and Compliance:

The Disclosure Act saw unanimous support in Parliament, demonstrating a strong consensus on the need for reform. Extensive consultations were conducted, involving over 3,000 stakeholders, to ensure the changes meet the needs of those affected.

Looking Ahead:

While these regulations do not directly align with EU policies, they form part of Scotland's commitment to maintaining a robust and fair disclosure system. Stakeholders can expect ongoing communication efforts to keep them informed and supported during this transition.

Financial Considerations:

The amendments are designed to be cost-neutral, with no expected financial impacts on government bodies or businesses.

Final Thoughts:

These changes represent a significant step towards a more coherent and user-friendly disclosure system in Scotland. Keep an eye out for further updates as additional sections of the Disclosure Act come into force. As always, Disclosure Scotland remains committed to working with stakeholders to ensure the success of these reforms.