The Disclosure (Scotland) Act 2020: Upcoming changes to criminal record checks in Scotland
The Disclosure (Scotland) Act 2020 was introduced to modernise and amend the law relating to the disclosure of criminal history and other information for people living and working in Scotland.
Despite receiving Royal Assent back in July 2020, the changes set out in the Disclosure (Scotland) Act 2020 are not due to take effect until the start of the next financial year.
In this article, we’ll break down the key changes, their timelines, and how you can prepare your business for a smooth transition.
Key Changes Under the Disclosure (Scotland) Act 2020
The Disclosure (Scotland) Act 2020 updates aim to enhance safeguarding practices for vulnerable groups while simplifying the disclosure system for both applicants and organizations.
As an employer, it's essential to understand how these changes will impact your recruitment processes, particularly if you work in regulated activity.
1. New Disclosure Levels
One of the most notable changes is the introduction of two new disclosure levels, replacing the current system:
Level 1 Disclosure: This will be the equivalent of a Basic Check, detailing unspent convictions. It’s designed for roles where the level of risk is lower, but where background screening is still necessary.
Level 2 Disclosure: This replaces the existing Enhanced and Protecting Vulnerable Groups (PVG) Scheme checks. It will be more comprehensive, covering both spent and unspent convictions, along with other relevant information such as police intelligence. This level is essential for roles that involve working closely with vulnerable groups.
These changes are aimed at making the disclosure process more transparent and accessible while ensuring that the necessary information is provided to protect vulnerable individuals.
2. PVG Scheme Changes
As briefly mentioned in the previous point, the PVG Scheme will see a major overhaul. Previously, membership was granted for life, but under the new Act, PVG memberships will be time-limited to five years. This change is intended to keep the vetting process up-to-date and ensure that individuals in regulated roles are rechecked regularly, providing ongoing protection to vulnerable groups.
For employers, this means that you’ll need to ensure that your staff in PVG-regulated roles renew their membership every five years. This shift from lifetime to periodic checks is a critical change that will require active management.
3. Digital Transformation
As part of the changes, Disclosure Scotland is launching a new digital platform that will streamline the application process. This platform will enable faster processing times and provide a more user-friendly experience for both applicants and employers. Digital disclosures will replace paper certificates, making the process more environmentally friendly and efficient.
This shift to digital also supports the government's broader goals of making public services more accessible and reducing administrative burdens on both organizations and individuals.
Timeline for Implementation
The changes will be rolled out in phases, with full implementation expected by April 2025. Key milestones include the introduction of the new disclosure levels and the mandatory PVG membership renewals. Organizations need to start preparing now to ensure compliance with the new regulations as they come into effect.
A detailed timeline is available, highlighting important dates that employers should be aware of to ensure a smooth transition.
How to Prepare Your Organization
To help your organization transition smoothly, consider the following steps:
Training & Resources: Disclosure Scotland will be offering training and resources to help organizations understand and implement the changes. Make use of these resources to ensure your HR and recruitment teams are up-to-date with the new requirements.
Update Your Policies: Review and update your internal policies and procedures to reflect the new disclosure levels and the need for periodic PVG renewals. Ensuring your policies are aligned with the new legislation will help avoid any compliance issues.
Digital Readiness: Prepare for the shift to digital disclosures by familiarizing your team with the new platform and ensuring that your systems are ready to handle digital certificates. This transition will make the process more efficient, but it’s important to be ready for the changes.
If your organization hires individuals for regulated roles, these changes mean you’ll need to adapt your recruitment processes to accommodate the new disclosure levels and ensure that PVG memberships are renewed every five years. Compliance will be key to maintaining the safety and integrity of your workforce. However, the digital transformation will mean faster processing times and a more streamlined experience. Instead of waiting for paper certificates, disclosures will be issued electronically, speeding up hiring processes and reducing the environmental impact of the old system.
By understanding these changes and preparing in advance, you can ensure that your business remains compliant while continuing to protect vulnerable individuals. Stay informed, update your policies, and make use of the resources available to navigate this transition successfully.
For more information about anything in this article, please feel free to get in touch at letstalk@personnelchecks.co.uk