Update on the Disclosure (Scotland) Act 2020: What You Need to Know

Published: October 14, 2024

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As the implementation of the Disclosure (Scotland) Act 2020 approaches, organisations have less than six months to prepare for the changes taking effect on 1st April 2025. Here’s an overview of the key updates and what actions you should take.

Key Changes:

Consultation on Fee Discounts and Waivers
The public consultation on fee arrangements concluded in May 2024, with over 1,200 responses. Decisions on future fees will balance affordability and public finances, with regulations expected in February 2025. Stay tuned for further updates from Disclosure Scotland.

New Referral Powers for Local Authorities
From 30th September 2024, local authorities and Integration Joint Boards gained new powers to make referrals under the Disclosure Act. This change strengthens safeguarding for children and protected adults, especially in self-directed support environments.

What’s Changing on 1st April 2025?

  • New Disclosure Levels & Types: Updated options for disclosure checks will be available.
  • Regulated Roles: The term ‘regulated work’ will be replaced by ‘regulated roles,’ and PVG membership will become mandatory for those in regulated roles with children or protected adults.
  • Applicant Control: Individuals will have greater control over their disclosure information, including review rights for childhood convictions.

What’s Happening After 1st April 2025?

By late 2025, Disclosure Scotland will be able to impose conditions on PVG scheme members under consideration for listing. Additionally, lifetime PVG scheme membership will transition to a five-year renewal process by 1st April 2026.

What Should Your Organisation Do Now?

  • Review Regulated Roles: Ensure your roles align with the new ‘regulated roles’ concept, especially if they fall outside the current ‘regulated work’ category.
  • Update Your Data: Notify Disclosure Scotland when a PVG scheme member stops doing regulated work and remind scheme members to keep their personal details up to date.

For more details and to access the full guidance, visit the Disclosure Scotland website.

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