Implementing the Disclosure (Scotland) Act 2020
Disclosure Scotland made changes to its services on 1 April 2025.
This was to implement the Disclosure (Scotland) Act 2020.
Background to the Act
The Disclosure (Scotland) Act 2020 aimed to:
- focus on protecting the public, while balancing the need for people to move on from offending
- simplify the process for disclosing criminal history information
The Scottish Government consulted with stakeholders in developing the Act. It had 3 rounds of scrutiny at the Scottish Parliament. It became law in July 2020.
Read the full Act and explanatory notes on legislation.gov.uk.
How the Act changed our services
The Act led to:
- changes to disclosure checks
- changes to Protecting Vulnerable Groups (PVG) scheme membership
- new powers for Disclosure Scotland
- new powers for councils and integration boards
Changes to disclosure checks
For disclosure checks:
- Level 1 and Level 2 disclosures replaced the basic, standard, enhanced and PVG disclosure levels
- you'll be able to ask for an independent review of some disclosure content
- you'll be able to explain the context for certain spent or childhood convictions before they're disclosed
Learn more about the new disclosure levels.
Changes to PVG scheme memberships
From 1 April 2025, PVG membership became a legal requirement for all regulated roles with children and protected adults.
From 1 April 2026, lifetime PVG scheme membership will end. We're replacing this with a time limited membership. PVG scheme membership will last 5 years before you need to renew it.
We're making the time limited membership change in April 2026 to help smoothly and fairly move existing PVG members to the new arrangements. We're working with stakeholders to further understand the transitional arrangements required.
New powers for Disclosure Scotland
Disclosure Scotland can bar people from working with children and protected adults after an investigation.
The Act gave us new powers to impose conditions on people while we investigate.
The conditions end when we reach a decision to bar them or not.
New powers for councils and integration boards
The Act gave local councils and integration boards new powers to make referrals to Disclosure Scotland.
This is to better safeguard people who have set up their own care and support arrangements, such as:
- self-directed support
- employing people directly
Help
We're working with stakeholders to help them with the changes.
We have developing guidance and training around the Act.