THE BOTTOM LINE
- Process Overhaul: Recruitment and HR processes will require a significant update as key provisions of the Disclosure (Scotland) Act 2020 are set to be activated, fundamentally changing the system for criminal record checks.
- Altered Risk Picture: Businesses will receive different information on background checks. The new rules modernize what past convictions are disclosed, directly impacting risk assessment protocols, especially for roles involving vulnerable groups.
- Compliance is Non-Negotiable: An immediate review of hiring policies, employment contracts, and data privacy notices is essential. Failing to align with the new disclosure regime could lead to legal challenges and reputational damage.
THE DETAILS
The Scottish Government has laid out the next phase of its ambitious plan to modernize the country’s employee vetting system. These new regulations act as the trigger, bringing significant portions of the Disclosure (Scotland) Act 2020 into force in 2025. This move is not a minor tweak; it represents a structural shift away from the previous system. For businesses operating in Scotland, this signals the end of the road for the familiar disclosure products and ushers in a new, tiered framework that will require operational and procedural adjustments.
The core of the reform lies in replacing the existing basic, standard, enhanced, and PVG (Protecting Vulnerable Groups) checks with new disclosure “levels.” The legal framework is designed to create a more proportionate system, ensuring that the information disclosed is relevant to the role being applied for. The regulations manage the complex transition from the old regime to the new, containing saving and transitional provisions. This means that while new applications will fall under the new system from the commencement date, there will be a structured process for managing existing PVG scheme members and pending applications, preventing a chaotic switchover.
For business leaders and legal counsel, the “why” behind this change is twofold: fairness and efficiency. The 2020 Act is intended to better support the rehabilitation of offenders by limiting the disclosure of certain older, less relevant convictions, thereby removing unnecessary barriers to employment. Simultaneously, it aims to streamline the application process for employers. The immediate consequence for companies is the need for proactive adaptation. HR and legal teams must work together to map out their current recruitment processes, identify every touchpoint that involves a disclosure check, and update policies to reflect the new levels, new information, and new legal obligations.
SOURCE
Source: The Disclosure (Scotland) Act 2020 (Commencement No. 6, Consequential Amendment, Saving and Transitional Provision) Regulations 2025
