voluntary organisations, social enterprises and volunteering
voluntary organisations, social enterprises and volunteering
voluntary organisations, social enterprises and volunteering
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Disclosure (Scotland) Act 2020 - Update on changes
Created: 12/12/2024
News/Events Category: Volunteering
This item will show under the following categories: Children and Families Governance Health and Social Care
The Disclosure Scotland Act (2020) will be largely implemented from 01 April 2025. The following changes will be implemented.
The PVG scheme becomes a legal requirement
It will be a legal requirement for individuals to be a member of the PVG Scheme when carrying out a regulated role with children, protected adults, or both. Organisations must ensure that individuals who are to carry out a regulated role (paid or voluntary) have PVG scheme membership from 01 April 2025 onwards.
There will be a short grace period of three months after the PVG scheme becomes a legal requirement on 01 April 2025. 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 currently working in regulated roles.
From 01 July 2025 onwards, two new offences will come into force. It will become an offence for:
- Anyone carrying out a regulated role to do so whilst not a member of the PVG scheme
- Organisations to offer any type of regulated role to an individual unless they have received a PVG scheme disclosure
Trustee roles will require a PVG Scheme
If your organisation has individuals who meet the following Trustee definition, they will require a PVG Scheme. "Holding a position of responsibility in an organisation which has as one of its main purposes the provision of benefits for or to children and/or protected adults (regardless of whether the organisation has an additional purpose of providing benefits for or to another group of persons)."
Changes to definition of age: Children and Protected Adults
- Child = Anyone under the age of 18
- Protected Adult = Someone aged 18 or over who meets the protected adult criteria
If you currently process PVG Schemes for regulated work with protected adults and your service works with people aged 16 and over as part of their normal duties, these individuals will be required by law to join the PVG Scheme for working with children also.
New Requirements for your applicants
From 01 April 2025, applicants will have more control over their information. The disclosure process will now include a requirement for applicants to share a copy of their disclosure results with the recruiting organisation or notify Disclosure Scotland that they intend to seek a review of the content of their disclosure result.
Applicants' ScotAccount Journey
Disclosure Scotland recently introduced a change requiring applicants to set up their ScotAccount by verifying their ID before completing their PVG application link. This ensures that, once the disclosure result is ready, applicants can log into their ScotAccount immediately to view and share the disclosure results with you.
PVG Scheme members must notify Disclosure Scotland when their details change
By law, if individuals are a PVG scheme member, they need to tell Disclosure Scotland if their personal details have changed. By informing them, they will ensure that Disclosure Scotland holds accurate address and contact information for PVG scheme members.
Disclosure Scotland must be notified when an individual stops doing regulated work with your organisation.
To comply with data protection laws, Disclosure Scotland must be notified when a PVG scheme member stops undertaking a regulated role with your organisation. This prevents organisations receiving unnecessary information and supports the transition to five-year PVG memberships starting 01 April 2026.
Click here to read the full update.
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