Navigating Scotland’s disclosure changes: How to stay compliant in 2025

Scotland’s disclosure system changed on 1 April 2025. The new framework introduced by the Disclosure (Scotland) Act 2020 replaces the previous structure of Basic, Standard and Enhanced disclosures with a more proportionate and clearly defined model.

The updated system is designed to improve public protection, enhance fairness, and ensure that disclosure information is accessed only when legally justified. It is essential that HR, compliance, and safeguarding teams understand how the new structure works and what action is required to stay compliant.

Why the system changed

The changes were introduced to:

• Support a role-specific approach to disclosure
• Strengthen alignment with data protection and rehabilitation legislation
• Provide individuals with greater control over what is disclosed

The result is a system that is simpler, fairer, and better aligned with modern privacy standards so long as employers apply the correct type of disclosure for each role.

The new disclosure structure

From 1 April 2025, the following types of disclosure are available in Scotland:

For regulated roles, employers must request a Level 2 disclosure with a barred list check and ensure the individual is a member of the PVG Scheme.

Understanding the differences

Level 1 Disclosure
Available to anyone. Includes only unspent convictions and does not require a legal entitlement.

Level 2 Disclosure
Used for non-regulated roles that involve a position of trust or access to sensitive information. Includes unspent and certain spent convictions.

Level 2 with barred list check
Required for regulated work with children or protected adults. Includes all convictions, barred list checks, and requires the individual to be a member of the PVG Scheme. Ongoing monitoring is included as part of scheme membership.

New rights for individuals

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 the inclusion of police-provided information

These enhanced rights place greater responsibility on employers to ensure each check is proportionate, necessary, and legally justified.

What employers should do now

1. Review all job roles in light of the updated disclosure structure
2. Confirm which roles meet the legal definition of regulated work
3. Update job descriptions, onboarding materials, and recruitment communications
4. Record the justification for every disclosure request
5. Train relevant staff to understand the new structure and responsibilities

How Giant Screening can help

As an accredited body with Disclosure Scotland, Giant Screening supports employers with:

• Identifying whether roles are regulated
• Selecting the correct level of disclosure
• Staying compliant with the Disclosure (Scotland) Act and UK GDPR
• Providing audit-ready documentation for each disclosure decision
• Delivering clear, confident communication with candidates

The disclosure framework in Scotland has changed. The labels are different, the rights are stronger, and the legal expectations are clearer. If your screening practices are still based on the old structure, they may no longer be compliant.

We’re here to help you stay aligned, accurate, and confident with every disclosure you request.