As part of the implementation of the Disclosure (Scotland) Act 2020, the way disclosure checks are conducted for people living in Scotland will change from 1 April 2025. This guide outlines the updates, new disclosure levels, and what you need to know to prepare. The first thing to clarify is that the type of criminal records check which you require will depend on where you live, not on where your employer’s head office is located. People working in home care or in education in Scotland will need to follow the new disclosure system.
New Disclosure Levels
The current disclosure levels – basic, standard, enhanced, and PVG scheme – 3will change to the following levels starting from the 1st April 2025:
- Level 1
- Level 2
- Level 2 with barred list check
- PVG scheme
How Each Level Will Work
Level 1 Disclosure
- Replaces the current basic disclosure. As in other parts of the UK, anyone can get a basic or Level 1 Disclosure check for any reason, and it does not have to be requested in connection with a specific employment position.
- Will show:
- Unspent convictions.
- Notification requirements (e.g., obligations under the Sex Offenders Register).
Level 2 Disclosure
- Replaces most standard disclosures (e.g., for roles like solicitors and accountants and people working in other financial services jobs).
- Will show:
- Unspent convictions.
- Certain spent convictions.
- Other relevant information held by the police.
Level 2 with Barred List Check
- Required for certain roles to determine if an individual is barred from working with children or protected adults.
- Replaces most enhanced disclosures.
- Examples of roles requiring this include activities like adopting a child.
- For most roles, PVG scheme membership will still be mandatory.
PVG Scheme Updates
The PVG scheme will remain compulsory for individuals in regulated roles involving children or protected adults (e.g., teachers).
Key updates include:
- Requirement to maintain up-to-date membership.
- Introduction of a confirmation of PVG scheme membership, which will replace the statement of scheme membership and will not include conviction details.
Preparing for the Changes to Scottish Disclosure
If you are currently working in a position in Scotland which needs a disclosure check, then you don’t have to do anything straight away. Current disclosure checks and PVG certificates will remain valid so you won’t come up against the new system until your employer or voluntary organisation asks you to renew.
For people who are starting a new position in Scotland after 1st April, the good news is that the onus is on your employers to be up to speed with the new names for the levels of disclosure checking, and to make sure you have the right check for the sort of work you are going to be doing. If they get things wrong, they are the ones who are liable, not you.
Every time terminology changes, the new terms will take some time to filter through into everyday use, so don’t be surprised if you still see references to basic disclosure instead of Level 1 disclosure for some years to come.
