Understanding your legal responsibilities under the PVG scheme

If you recruit, manage or supervise people carrying out regulated roles, it is important that you understand your legal responsibilities and how the PVG scheme supports safer recruitment decisions. 

PVG scheme membership is a legal requirement 

If a person is carrying out a regulated role with children, protected adults or both, they must be a member of the Protecting Vulnerable Groups (PVG) scheme. 

The legal requirement was introduced under the Disclosure (Scotland) Act 2020 to strengthen safeguarding and provide greater protection for vulnerable groups across Scotland. 

If you are unsure whether a role requires PVG scheme membership, you should review the regulated roles guidance and use the role checker before recruitment begins. 

Understanding regulated roles 

Recruiting organisations are responsible for deciding whether a role is a regulated role and requires PVG scheme membership. 

When assessing a role, consider: 

• whether the role appears on the regulated roles list 

• whether the activities are included in legislation 

• whether there is contact with children, protected adults or both 

Not every role involving contact with children or protected adults is a regulated role. Some activities involve only incidental contact, while others may fall within specific exceptions set out in legislation. An individual must be carrying out an activity and have contact with one or both vulnerable groups for them to require PVG scheme membership. 

Using the available guidance can help organisations make informed decisions and comply with the law. 

Managers and supervisors 

PVG scheme membership is not limited to frontline roles. 

Anyone whose role includes day-to-day supervision or management of someone carrying out a regulated role may also require PVG scheme membership. This applies even where the manager or supervisor does not directly provide services to children or protected adults themselves. 

Management responsibilities should be considered as part of any role assessment process. 

Criminal offences and compliance 

Since 1 July 2025, it has been a criminal offence: 

• for an individual to carry out a regulated role without PVG scheme membership 

• for an organisation to offer a regulated role to someone who is not a member of the PVG scheme 

Organisations should ensure that the appropriate PVG scheme membership is in place before an individual starts carrying out a regulated role. Disclosure Scotland may report to Police Scotland where offences are identified. 

The PVG scheme supports safer recruitment 

The PVG scheme is an important safeguarding tool, but it should be used alongside wider safeguarding arrangements. 

The PVG scheme is a tool that employers and organisations should use as part of their own ongoing, safe recruitment processes and procedures.  

• Alongside the legal requirement for individuals to be PVG scheme members in order to carry out regulated roles, employers should always ensure that robust child and adult protection measures are in place particular to their needs. 

PVG scheme membership supports these measures but does not replace them.  

Ongoing monitoring 

PVG scheme membership includes ongoing monitoring. 

Even after the disclosure is issued, Disclosure Scotland receives information that may affect a person's suitability to carry out a regulated role. Ongoing monitoring helps organisations make informed recruitment and supports the ongoing protection of children and protected adults.  

Your Duty to Refer 

All organisations who provide regulated roles have a legal duty to make a referral to Disclosure Scotland. 

This may apply if an organisation removes an individual from a regulated role because of harmful behaviour. The organiation's duty can apply: 

• to their employees and volunteers 

• whether the individual is a member of the PVG scheme or not 

• even if concerns come to light after the individual has left the organisation 

Understanding referral responsibilities is an important part of safeguarding and legal compliance. 

Find out more 

Guidance and support are available to help organisations understand their responsibilities. 

You can: 

• check whether a role requires PVG scheme membership 

• read the regulated roles guidance 

• learn more about referrals 

• access the Disclosure Scotland Code of Practice 

Taking the time to understand your responsibilities can help ensure compliance with the law and support safer recruitment across Scotland.