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Legislative changes impacting organisations in Scotland 2025

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Legislative changes impacting organisations in Scotland 2025

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Some big legislative changes are coming into effect this year, which will have an impact on befriending projects operating in Scotland. Act now to ensure your project is prepared. The Disclosure (Scotland) Act 2020 will commence on the 1st April 2025, with a grace period for organisations to be compliant by 30 June 2025. Organisations with regulated roles must act now to ensure they are compliant with the new legislative requirements for the Protection of Vulnerable Groups.

Disclosure (Scotland) Act 2020

Important changes to the Disclosure (Scotland) Act 2020 are coming into effect on 1st April 2025. Key updates include:

Membership of the PVG scheme will become a legal requirement from 1st April 2025 for those carrying out a regulated role.

the introduction of simplified disclosure products and people having more control over their information, including the introduction of a 5 year membership and the end of lifetime PVG membership

Replacing the concept of 'regulated work' with 'regulated roles', making it more easily understood.

New definition of a child.

New definition of a Protected Adult.

New criteria for defining 'contact'. This now includes physical contact, written communication, verbal communication, visual communication, and exercising power or influence.

The Charities Act

Further changes to the Charities (Regulation and Administration) (Scotland) Act 2023 will come into effect this year. Key updates include:

The publication of charity accounts and trustee names on the Scottish Charity Register.

New rules on automatic disqualification from being a charity trustee or having a senior management function within a charity.

Downloads

Supporting materials are available to download. This includes briefings, guidance, presentations, and question and answer responses from recent webinars.

Actions you can take for the Disclosure (Scotland) Act

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Legislative changes impacting organisations in Scotland - Befriending Networks

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Some big legislative changes are coming into effect this year, which will have an impact on befriending projects operating in Scotland. Act now to ensure your project is prepared. The Disclosure (Scotland) Act 2020 will commence on the 1st April 2025, with a grace period for organisations to be compliant by 30 June 2025.

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Information for Voluntary organisations in Wales

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Information for Voluntary organisations in Wales

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Please see https://wcva.cymru/information-support/

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Information & support - help to run your voluntary organisation from WCVA

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Information, guidance, tools and resources to support voluntary sector organisations in Wales to run themselves efficiently and impactfully.

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In October 2024, Disclosure and Barring Service presented at Befriending Networks on DBC checks and whether they are needed for befriending adults. You can access this events delegate pack here:

https://padlet.com/BefNet/dbs-when-is-it-needed-for-an-adult-befriending-service-hgqrxj2l9dbyt919

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In October 2024, Disclosure and Barring Service presented at Befriending Networks on DBC checks and whether they are needed for befriending adults. You can access this events delegate pack here:

https://padlet.com/BefNet/dbs-when-is-it-needed-for-an-adult-befriending-service-hgqrxj2l9dbyt919

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This document supports the information covered in the presentation referenced above, held by SCVO.

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This session was hosted by SCVO.

If you do have questions, you can contact enquiries@scvo.scot

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Please see https://www.gov.uk/find-out-dbs-check

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Please see https://www.mygov.scot/browse/working-jobs/finding-a-job/disclosure

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PVG Scheme in Scotland, basic disclosure for Scotland, England and Wales, and standard and enhanced disclosure.

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Please see https://www.nidirect.gov.uk/campaigns/accessni-criminal-record-checks

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AccessNI criminal record checks | nidirect

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Please see https://www.volunteer.ie/garda-vetting/

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Garda Vetting is conducted in respect of any person who is carrying out work or activity, a necessary and regular part of which consists mainly of the person having access to, or contact with, children or vulnerable persons. It is conducted on behalf of registered organisations only and is not conducted for individual persons on a personal basis. Garda Vetting is one part of a 10 step volunteer screening procedure and should not replace good practice such as face to face interviews, verbal and written reference checks, identity verification and a robust code of good practice.

The National Vetting Bureau (Children and Vulnerable Persons) Act 2012 provide a statutory basis for the vetting of persons carrying out relevant work with children or vulnerable persons. The Act also creates offences and penalties for persons who fail to comply with its provisions.

The Act stipulates that a relevant organisation shall not permit any person to undertake relevant work or activities on behalf of the organisation unless the organisation receives a vetting disclosure from the National Vetting Bureau in respect of that person.

Your local volunteer centre is a registered organisation with the National Vetting Bureau and carries out the service for volunteer-involving organisations in their county. Please contact your local Volunteer Centre directly about this service.

Organisations seeking Garda Vetting

For an organisation to undertake Garda Vetting they must be first approved to do so by the National Vetting Bureau. If you are an organisation seeking registration for Garda Vetting in accordance with the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012, you will need to write to the following address:

Registration Section, National Vetting Bureau, Racecourse Road, Thurles, County Tipperary.

Your letter should include the following specific and up to date information in order that the National Vetting Bureau can assess your request.

Name and business address of your organisation

Contact person within the organisation

The nature of your business

Following receipt of your correspondence, the National Vetting Bureau will contact you. If your application is successful you will be then given a unique identifier and told to contact either your local Volunteer Centre or Volunteer Ireland.

eVetting

The National Vetting Bureau provide Garda Vetting applicants with the ability to apply online using our eVetting facility.

To use our eVetting service you must:

Be over 16 years old

If aged 16 - 18 years, have submitted signed "Parent / Guardian" consent form (NVB 3 Form)

Have or have access to a valid email address

Have access to the Internet

Have completed the "Proof of Identity" process

eVetting steps
Step 1
The vetting subject manually completes and forwards to the Relevant Organisation a Vetting Invitation Form (NVB 1) (obtained from the Relevant Organisation) and provides proof of identity.
Step 2
The Relevant Organisation validates proof of identity and sends the vetting subject an e-mail with a link attached inviting him / her to complete a Vetting Application Form.
Step 3
The vetting subject completes a Vetting Application Form online and submits it to the Relevant Organisation.
Step 4
The Relevant Organisation reviews the Vetting Application Form and submits it to the National Vetting Bureau.
Step 5
The National Vetting Bureau processes the application and forwards a vetting disclosure to the Relevant Organisation.
Step 6
The Relevant Organisation reviews the vetting disclosure and as soon as is practicable provides a copy of the disclosure to the vetting subject.
Further information on eVetting application help can be found here

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Conducted in respect of any person who is carrying out work or activity, or contact with, children or vulnerable persons

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There are four types of DBS check for people aged 16 and over (the minimum age a check can be carried out). Different organisations in different countries will use their own laws to decide which checks to complete.

Basic checks just give information about unspent cautions or convictions. There's no legislation on them so anyone can be asked to complete one.

They can be requested by the person themselves, or by the organisation that employs or works with them, or intends to (as a staff or volunteer). There's a fee for a basic check, which also applies to volunteers.

Standard checks give information about spent and unspent convictions, cautions, reprimands and final warnings. These can only be carried out for certain eligible roles.

They can't be requested by the person themselves; only an employer or a recruiter. There's a fee for a standard check, but it doesn't apply to all volunteers.

For more information read the eligibility guidance for standard DBS checks.

Enhanced checks give the same information as a standard check, plus any information held by the local police force for their current address and any previous addresses that is relevant to the role. These can only be carried out for certain eligible roles.

They can't be requested by the person themselves; only an employer or a recruiter. There's a fee for an enhanced check but it doesn't apply to all volunteers.

For more information read the eligibility guidance for enhanced DBS checks.

These give the same information as an enhanced check, but they also disclose whether the applicant is on the DBS list of people barred from carrying out certain activities with children or adults (depending on which group the person will be working with). These checks can only be carried out for eligible roles.

If someone is on a barred list they must not carry out regulated activity they're barred from. It's an offence to employ a staff member or allow a volunteer to do so.

These checks can't be requested by the person themselves; only an employer or a recruiter. There's a fee for an enhanced check with barred lists, but it doesn't apply to all volunteers.

To apply for a DBS check, applicants must show a range of ID documents. The Disclosure and Barring Service has guidance on checking ID for standard and enhanced DBS applications.

The Post Office provide a useful DBS ID verification service that can be used to check documents. For example, on behalf of organisations whose employees or volunteers are remote.

If an applicant can't show the ID that's needed, they can still apply for a check by ticking the W59 box on the application form. The Disclosure and Barring Service will contact them and give them information about having their fingerprints taken at their local police station, so their DBS application can still be progressed.

For activities and roles in England and Wales, DBS checks are done by the Disclosure and Barring Service (DBS).

For activities and roles in Scotland, criminal record checks are done by Disclosure Scotland. The rules are different to those set out here.

For activities and roles in Northern Ireland, criminal record checks are done by Access NI. The rules are different to those set out here.

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A comprehensive guide to different types of DBS checks

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Please see https://www.gov.uk/find-out-dbs-check

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Please see www.volunteerscotland.net

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Disclosure Services is funded by the Scottish Government to support the voluntary sector with processing disclosure checks.