Changes to PVG: essential information

The way PVG checks are being carried out is changing from April 2025 onwards. The Provisions of the Disclosure (Scotland) Act 2020 are gradually being rolled out by Disclosure Scotland and it is vital that East Lothian Council is prepared and ready for these changes.

The Disclosure (Scotland) Act 2020 aims to:

• focus on protecting the public, while balancing the need for people to move on from offending
• simplify the process for disclosing criminal history information.

The Scottish Government consulted with stakeholders in developing the Act. It had three rounds of scrutiny at the Scottish Parliament and became law in July 2020. Disclosure Scotland will make the changes required by the Act from 1 April 2025.

The Act will lead to:

• changes to disclosure checks
• changes to Protecting Vulnerable Groups (PVG) scheme membership
• new powers for Disclosure Scotland
• new powers for councils and integration boards

Changes to disclosure checks

For disclosure checks:

• 'Level 1' and 'Level 2' checks will replace the current basic, standard, enhanced and PVG disclosure levels
• individuals will be able to ask for an independent review of some disclosure content
• individuals will be able to explain the context for certain spent or childhood convictions before they're disclosed

Changes to PVG scheme memberships

From 1 April 2025, PVG membership will become mandatory for all regulated roles with children and protected adults

From 1 April 2026, lifetime PVG scheme membership will end. This will be replaced this with a time limited membership that will last five years before it needs to be renewed

New powers for Disclosure Scotland

Disclosure Scotland can bar people from working with children and protected adults after an investigation. The Act gives the body new powers to impose conditions on people while it investigates. The conditions end when we reach a decision to bar them or not.

New powers for councils and integration boards

The Act gives local councils and integration boards new powers to make referrals to Disclosure Scotland. This is to better safeguard people who have set up their own care and support arrangements, such as self-directed support or employing people directly.

Updated guidance has been created for all East Lothian Council managers and is available from the Intranet ( ). Please refer to it and contact the council's Disclosure Team if you have any questions.