Scottish Ministers have made the Disclosure (Scotland) Act 2020 (Commencement No. 6, Consequential Amendment, Saving and Transitional Provision) Regulations 2025 (SSI 2025/352). Made on 13 November and laid on 17 November, the instrument sets commencement on 12 January 2026 and 1 April 2026, with saving, transitional and revocation measures included.
From 12 January 2026, section 81 of the Disclosure (Scotland) Act 2020 takes effect. It repeals section 7, section 11, section 32(1) and (2) and schedule 1 of the PVG Act 2007, ending court referrals to Disclosure Scotland in respect of relevant and other offences.
The regulations preserve certain pre‑12 January 2026 referrals. Ministers must continue consideration under a modified PVG Act section 11 that removes subsection (2) and updates terminology from ‘regulated work’ to ‘regulated role’. Where a person previously considered under section 11(2) is not in, and is not likely to be in, a regulated role with children, Ministers must issue a written closure notice that is not a decision ‘not to list’ under section 30.
From 1 April 2026, sections 71 and 72 of the 2020 Act commence, inserting PVG Act sections 45A and 45B. Scheme membership becomes five years per type of regulated role, with a four‑week extended period where renewal is missed and follow‑up action that can include removal or escalation.
For existing PVG members, the five‑year period will begin on the date of the written notice from Ministers confirming the start date for the relevant regulated role. Organisations should treat that notice as the trigger for local renewal scheduling.
Consideration procedures are updated to align with these changes. References to PVG Act sections 7 and 11 are removed, and from April 2026 the framework also covers non‑renewal cases under section 45B(7). The underlying process sits within the 2010 Consideration for Listing Regulations.
These steps build on the 2025 roll‑out. Since 1 April 2025, PVG membership has been a legal requirement for anyone carrying out a regulated role, with offences for individuals and organisations in force from 1 July 2025; ‘regulated role’ is now defined in PVG Act section 91.
Policy and operational implications are direct. Employers and accredited bodies should map each role type to a five‑year PVG membership period, separate PVG renewal from Level 2 disclosure checks, and maintain accurate contact details so expiry notices reach the right people. Disclosure Scotland confirms five‑year membership and separate renewal processes from April 2026.
Safeguarding leads in councils and integration joint boards should continue to use the referral powers created by the 2020 Act where appropriate, while moving away from reliance on court‑initiated referrals. These powers are designed to support protection where there is no employer to refer.
Key dates are now fixed: 12 January 2026 for ending court referrals and 1 April 2026 for five‑year PVG membership. Practitioners should update recruitment materials, HR systems and governance documents to reflect ‘regulated roles’, compulsory membership, and the forthcoming renewal cycle.