Navigating the PVG Scheme in Scotland – What you need to know

For many organisations, carrying out criminal record checks is an essential part of recruitment and employee relations management. Whether you employ staff or workers, engage volunteers or contractors, it is important to understand the system for disclosure checks and the legal obligations.

Material changes to strengthen Scottish safeguarding rules are now in force affecting many organisations that interact with children and protected adults. 

In this insight we provide an overview of the levels of disclosure checks in Scotland, alongside some of the key changes to the Protecting Vulnerable Groups (“PVG”) scheme and what actions affected bodies should take to update their own policies and processes.

The background 

There are limits on employees’ obligations to disclose criminal record information. A person who has been convicted of a criminal offence that does not re-offend during a certain “rehabilitation period” starting from the date of conviction is considered “rehabilitated”. This means that their conviction becomes “spent” and, unless one of the exceptions applies, they are entitled to hold themselves out as having a clean record. During the rehabilitation period, their conviction is considered "unspent” and should be disclosed. The rehabilitation period will vary depending on the gravity of the offence concerned. Some serious convictions (e.g. those of a serious sexual, violent or terrorist nature) never become “spent”.

The framework

There are now two levels of disclosure checks in Scotland, alongside the PVG scheme. These different levels are appropriate to different roles, and it is crucial that the correct level of check is requested and obtained.

Level One Disclosure

A Level One Disclosure shows unspent convictions only and is available for any role. Any organisation can request that a prospective employee, volunteer or contractor obtains a Level One disclosure. The individual can, thereafter, apply for the disclosure directly through Disclosure Scotland. 

This level of check is most commonly used for roles which do not attract any specific legal requirement for background checks. 

Level Two Disclosure 

Level Two Disclosures show unspent convictions, certain spent convictions, certain spent childhood convictions, any notification requirements and other relevant information held by the police. 

Not all roles are eligible for Level Two Disclosure checks, and not all employers are entitled to request such checks. Examples of roles for which a Level Two Disclosure is appropriate include lawyers, accountants, and prison workers. In these circumstances, employers can obtain a disclosure check through contacting Disclosure Scotland directly.

Some roles require additional checks to show if the individual is barred from working with children or protected adults. To satisfy these requirements, a Level Two Disclosure with a barred list check can be obtained. However, in the employment context, individuals working with children or protected adults will typically require to be members of the Protecting PVG scheme.  

The PVG scheme

The PVG scheme, managed by Disclosure Scotland, applies to anyone seeking paid or voluntary work with children or protected adults. Its purpose is to ensure that individuals are suitable to undertake regulated roles involving vulnerable groups and to prevent those who are unsuitable from doing so. The PVG scheme involves an assessment of suitability, which includes background checks into an individual’s criminal history, including unspent and certain spent convictions and cautions. Once an individual becomes a member of the scheme, their criminal record is continuously monitored by Disclosure Scotland for any new vetting information. 

Changes to the PVG scheme - what you need to know

1. Legal requirement & implementation date
   With effect from 1 April 2025, it is a legal requirement for those carrying out a “regulated role” with children and protected adults to become a member of the PVG scheme. This means that organisations must not offer any type of regulated role to an individual unless they have received a PVG scheme disclosure and individuals must not undertake a regulated role unless they are a member of the PVG scheme.
   
   While the requirements came into force on 1 April 2025, there was a ‘period of grace’ from 1 April to 30 June 2025 while organisations got to grips with the new regime, after which, from 1 July 2025, non-compliance became a criminal offence.
   
   From 1st July 2025 onwards, it is an offence for:
   
   • any individual carrying out a regulated role whilst not a member of the PVG scheme; and
   • organisations to offer any type of regulated role to an individual unless they have received a PVG scheme disclosure.
   
   The penalty for these offences is up to five years imprisonment, a fine, or both with Disclosure Scotland being responsible for reporting non-compliance to the police.
   
   
2. “Regulated role”
   The new rules refer to “regulated roles” – a change from the previous system, where only positions which included “regulated work” required PVG scheme membership. In short, this means that more roles will now require PVG scheme membership.
   
   What is a “regulated role”?
   
   The term “regulated role” refers to any paid or voluntary position that involves carrying out activities involving contact with children or protected adults. 
   
   This updated definition now applies to roles previously not captured such as non-clinical health or hospice staff, volunteers who have unsupervised contact with patients, sports coaches, and talent agents working with children under 18. It also now includes those in a position of trust within organisations, such as trustees, board members or management committee members. A regulated role must include contact (in most cases it will not matter whether contact is supervised or unsupervised) and this may include physical, visual, written, or verbal communication. 
   
   This is an area where we have seen significant uncertainty, and it is important that organisations are considering each role that employees or volunteers are undertaking and assessing that role against the relevant criteria. This is something that we are well placed to assist with.
   
   
3. Membership duration
   From 1 April 2026, the five-year PVG scheme membership will come into force which marks a change from the current system of lifetime PVG Scheme membership. For individuals joining the PVG Scheme from 1 April 2026, they will automatically enter the five-year membership cycle. For those who joined before 1 April 2026, Disclosure Scotland will contact existing PVG members and manage the transition in phases. 
   
   
4. Cross-border organisations 
   The PVG scheme is unique to Scotland and so organisations which are cross-border must be aware that if an employee or volunteer is carrying out a regulated role in Scotland, even if they are already subject to a check by the Disclosure and Barring Service in England and Wales, that individual will also require PVG scheme membership. 
   
   

Your obligations as an employer

Organisations must ensure that they request the appropriate level of disclosure for each role they recruit or engage. Asking for a higher or lower level of disclosure than necessary can expose you to legal and reputational risk. 

It is important to ensure that PVG memberships are checked every 5 years to ensure compliance with any legal or regulatory requirements. Setting up systems for checks and regular employee reminders in advance of April can help best prepare your organisation for this coming change.

It is also important to note that it is a criminal offence to unlawfully disclose information that has been provided through an official disclosure check. You should be aware of what can or cannot be done in respect of any information which is obtained through a disclosure check, including who should be able to access the information and for what purposes it can be used. 

All data obtained through criminal record checks must also be processed in line with UK GDPR. Disclosure information is personal data and, generally, special category data which engages specific data processing obligations. 

How we can help

Our Public Law and Regulatory and Employment teams are able to assist with any queries regarding the 2020 Act and the practical steps needed to comply with the changes, including broader aspects of your organisation’s safeguarding policies and processes as well as reviewing your current disclosure and recruitment procedures. If you have any questions about how the changes may affect you or your organisation, please get in touch. 

Related News, Insights & Events