Understanding the New Scottish Disclosure Regulations: What You Need to Know

The Scottish Government is set to implement significant changes to its criminal record disclosure system on April 1, 2025, with the full enactment of the Disclosure (Scotland) Act 2020. This overhaul aims to create a more streamlined, modern, and fair approach to how criminal records are disclosed, impacting both individuals and organizations across Scotland. Here's a breakdown of what these changes entail and how they affect you.

Key Changes in the Disclosure System

1. New Disclosure Levels: The introduction of Level 1 and Level 2 disclosures replaces the older systems under the Police Act and PVG Act. This change simplifies the types of disclosures available and introduces the right for individuals to review the information contained in their disclosures for accuracy.

2. Review Rights: Individuals can now apply for a review if they believe there are inaccuracies in their Level 1 or 2 disclosures. Additionally, there's a new mechanism to review the inclusion of certain convictions, especially those from childhood, ensuring they are disclosed only when absolutely necessary.

3. PVG Scheme Mandate: Membership in the Protecting Vulnerable Groups (PVG) Scheme becomes mandatory for anyone working in regulated roles, whether paid or voluntary. This move aims to bolster the protection of vulnerable groups by ensuring that those working with them are thoroughly vetted.

4. Regulated Roles and Offences: The concept of 'regulated work' is replaced with 'regulated roles', and failing to be a PVG Scheme member while working in such roles will be considered an offence starting July 1, 2025. This transition period allows individuals and organizations time to comply without facing penalties.

5. Accredited Bodies: The system for registering those who can request disclosures has also been updated. Accredited bodies will replace the previous system of registered persons, improving the process for requesting and countersigning disclosures.

Transitional Arrangements

The regulations include several transitional provisions to ensure a smooth transition to the new system:

• Applications for disclosures made before April 1, 2025, will be processed under the new rules, allowing applicants to benefit from the updated review procedures.
• Previous applications for scheme membership or disclosures that are still pending will be treated as applications under the new system.
• Existing registered persons under the old system will automatically become accredited bodies, avoiding the need for reapplication.

Why These Changes Matter

The reforms aim to make the disclosure process in Scotland more efficient and fair, reducing unnecessary barriers for individuals, especially those with childhood convictions. By requiring PVG Scheme membership for regulated roles, the system enhances protection for vulnerable groups while ensuring individuals have a clear and fair path to resolving disputes about their disclosure records.

Impact on Organizations and Individuals

Organizations and individuals working with children or protected adults should prepare for these changes by ensuring compliance with the new membership requirements and understanding the new disclosure levels. The Scottish Government has conducted extensive consultations and impact assessments to support these changes, ensuring they meet the needs of all stakeholders involved.

For more detailed information, stakeholders are encouraged to engage with Disclosure Scotland's ongoing communication efforts and review available resources to fully understand the implications of the Disclosure Act.

These reforms represent a significant shift towards a more equitable and transparent disclosure system in Scotland, aligning with broader efforts to protect vulnerable groups while respecting individual rights.