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TABLE OF CONTENTS

• What HR Professionals need to know
• Why the Disclosure (Scotland) Act 2020 matters
• Key changes HR Teams should prepare for
  • New Disclosure Levels
• Mandatory and Time-Limited PVG Membership
• Enhanced Powers for Disclosure Scotland
• New Powers for Councils and Integration Boards
• Final reflections

What HR Professionals need to know

The Disclosure (Scotland) Act 2020 introduces significant changes to Scotland's background check system, impacting disclosure checks, Protecting Vulnerable Groups (PVG) scheme memberships, and safeguarding procedures. As an HR professional, understanding these updates is essential to ensure compliance and maintain robust safeguarding practices. Here’s everything you need to know to prepare for the changes coming into effect on 1 April 2025.

Why the Disclosure (Scotland) Act 2020 matters

The Act aims to:

• Protect the public while enabling individuals to move forward from past offences.
• Simplify the process for disclosing criminal history information.
• Modernise and streamline the disclosure process while enhancing safeguarding and reducing complexity.

Following extensive consultation and parliamentary scrutiny, the Act became law in July 2020, with changes scheduled to take effect from 1st April 2025.

Key changes HR Teams should prepare for

New Disclosure Levels

The way disclosure checks are carried out will change significantly from 1 April 2025. The current four disclosure levels—basic, standard, enhanced, and PVG scheme—will be replaced by:

• Level 1 Replacing basic disclosure, showing unspent convictions and any notification requirements (such as being on the Sex Offenders Register).
• Level 2 Replacing most standard disclosures, showing unspent convictions, certain spent convictions, and other relevant information held by the police.
• Level 2 with Barred List Check Required for certain roles, such as adopting a child, where enhanced scrutiny is necessary to ensure the individual is not barred from working with children or protected adults.
• PVG Scheme The Protecting Vulnerable Groups (PVG) scheme remains in place but will undergo updates to become mandatory for all regulated roles.

Mandatory and Time-Limited PVG Membership

The PVG scheme will become mandatory for all individuals in regulated roles involving children and protected adults. Key updates include

• Mandatory membership: Effective from 1 April 2025 for all regulated roles.
• Time-limited memberships: From 1 April 2026, lifetime memberships will end, transitioning to five-year renewals. Regular renewals aim to keep the system current and enhance safeguarding practices.
• Updated documentation: The statement of scheme membership will be replaced by a confirmation of PVG scheme membership, which does not include conviction information.

Enhanced Powers for Disclosure Scotland

Disclosure Scotland will gain new powers to

• Bar individuals from working with children or protected adults following investigations.
• Impose conditions during investigations, which remain in place until a final decision is made.

These changes introduce an extra layer of safeguarding during investigations, ensuring vulnerable individuals are protected throughout the process.

New Powers for Councils and Integration Boards

Local councils and integration boards will be able to

• Refer individuals to Disclosure Scotland for safeguarding those who manage their own care arrangements, such as self-directed support or direct employment of carers.

This shift acknowledges the importance of safeguarding in non-traditional care settings and extends protection to more vulnerable groups.

Final reflections

While the changes introduced by the Disclosure (Scotland) Act 2020 may require some adjustment, they ultimately aim to create a more transparent, streamlined, and effective safeguarding system. By staying informed and preparing early, HR professionals can ensure compliance and continued protection for vulnerable groups in Scotland.

For more information, visit the official Disclosure Scotland website to consult government resources for detailed guidance on the new disclosure levels and PVG scheme updates.

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