Scotland’s new disclosure system is now fully operational. Introduced on 1 April 2025 under the Disclosure (Scotland) Act 2020, it replaced the previous Basic, Standard, and Enhanced structure with a more transparent, role-based model designed to reflect modern recruitment and safeguarding standards.
For recruitment agencies, the changes are far more than a procedural update. They reshape how you manage vetting, confirm eligibility for regulated roles, and demonstrate compliance to clients.
And with a further update now confirmed for 1 April 2026, agencies must prepare for the next step in Scotland’s disclosure reform: the introduction of five-year PVG scheme memberships.
Why the system changed
The reform was introduced to:
- Simplify and modernise the disclosure process
- Strengthen alignment with data protection and rehabilitation law
- Give individuals greater control over what is disclosed
The aim is to make disclosure fairer, clearer, and proportionate. For recruitment agencies, this means applying the right level of vetting for the role and ensuring each check is legally justified and documented.
The new structure in place since April 2025
Scotland’s disclosure system now operates under four main categories:
| Disclosure type | Replaces | Includes | Typical use |
| Level 1 Disclosure | Basic | Unspent convictions only | General roles such as retail, administration, or hospitality |
| Level 2 Disclosure | Standard | Unspent and certain spent convictions | Trusted roles involving access to sensitive information |
| Level 2 with barred list check | PVG / Enhanced | Unspent and certain spent convictions, relevant police information (where applicable), and barred list status | Regulated roles involving children or protected adults |
| PVG Scheme Membership | N/A | Continuous monitoring against barred lists to confirm an individual is not barred from regulated work | Mandatory for anyone in regulated work |
For regulated work, individuals must be members of the PVG Scheme. Pre-placement vetting will normally include a Level 2 disclosure with a barred list check appropriate to the role.
What the upcoming 2026 change means
From 1 April 2026, Disclosure Scotland will introduce a five-year PVG scheme membership model. This will replace the current lifetime membership and apply to all new PVG members joining from that date.
Key details for recruiters to know:
- Five-year membership: PVG membership will last for five years from the date of joining. Renewal will be required at the end of this period.
- Separate renewal process: PVG renewal will be independent of disclosure applications and handled through a member’s online account.
- Digital-first renewals: Renewals will primarily be completed online, with an offline option for those unable to use the digital service.
- Organisation notifications: Employers and registered bodies linked to a PVG member will be notified at least three months before renewal is due.
- No change to current process: Until April 2026, continue submitting PVG applications as normal. There is no need to delay or change how often you apply.
Existing PVG scheme members will move to the five-year membership in phases after April 2026. Disclosure Scotland is working with stakeholders to plan this transition and will issue further guidance nearer the time.
There is no change to the current definition of regulated work or PVG eligibility criteria as part of this transition.
What recruiters should do now
Preparation will make the transition easier for both your agency and your clients. To stay ready, you should:
- Keep records up to date: Ensure PVG membership details for all candidates are accurate and current.
- Notify Disclosure Scotland when a PVG-linked candidate stops carrying out regulated work with your client. This prevents unnecessary notifications and maintains data accuracy.
- Encourage candidates to tell Disclosure Scotland when they leave a regulated role or no longer require their PVG membership.
Recruiters should continue applying for PVG membership as normal until the new five-year model takes effect.
What this means for recruitment agencies
Recruitment agencies play a central role in keeping the disclosure process compliant and efficient. Under the new framework, you are responsible for:
- Determining the correct disclosure level for each role
- Confirming eligibility for regulated work
- Ensuring PVG membership is active before placement
- Maintaining accurate records and audit trails
Clients expect agencies to handle disclosure correctly, and regulators expect every check to be proportionate and legally justified. A transparent, well-managed process protects everyone involved.
Understanding each type of disclosure
Level 1 Disclosure
- Contains unspent convictions only
- Suitable for non-regulated, low-risk roles
- Available to any individual or employer
Recruiters commonly use Level 1 checks for general roles such as retail, hospitality, or administration.
Level 2 Disclosure
- Includes unspent and certain spent convictions
- Suitable for trusted positions involving access to sensitive or financial information
- May include relevant police-held information where applicable
- Does not include barred list data
Ideal for recruiters placing candidates into roles of trust such as accountancy, compliance, or public administration.
Level 2 Disclosure with barred list check
- Includes unspent and certain spent convictions, relevant police information (where applicable), and barred list status
- Required for regulated work with children or protected adults
- Only available where the role legally qualifies as regulated work
Recruiters must confirm eligibility with clients before requesting a barred list check. Requesting one without entitlement breaches the Disclosure (Scotland) Act 2020.
PVG Scheme Membership
- Confirms an individual is not barred from regulated work
- Provides continuous monitoring against the barred lists to ensure ongoing safeguarding
- Required for all regulated roles in education, healthcare, or social care
Recruiters must verify that PVG membership is current and linked to the correct type of regulated work before placement.
New rights for individuals
Under the Disclosure (Scotland) Act 2020, individuals now have:
- The right to request a review of what is disclosed
- The right to appeal the inclusion of certain spent convictions
- The right to challenge information provided by the police
Recruiters should ensure candidates understand why checks are required, how their information will be used, and what their rights are if they wish to challenge the outcome of a disclosure.
Keeping compliance clear and consistent
As disclosure law evolves, agencies that stay informed and proactive gain an advantage. Mistakes such as over-checking, under-checking, or requesting barred list information unnecessarily can harm compliance credibility and client confidence.
By aligning every vetting decision with the current framework, maintaining open communication with Disclosure Scotland, and preparing early for the five-year PVG renewal model, recruiters can strengthen both compliance and trust.
Scotland’s new disclosure system is reshaping how safer recruitment works. For agencies, success depends on understanding the changes, applying them consistently, and keeping clear records.
With the five-year PVG membership model approaching, now is the time to review your processes, check your records, and prepare for the next stage of reform.
When you manage screening with clarity and compliance, you do more than meet expectations. You help shape safer recruitment across Scotland.
