As of 1st April 2025 new PVG Legislation will come into effect where it will be a legal requirement to have a PVG in place for anyone doing work in a regulated role.
This is a significant strengthening of the current legislation (which makes it an offence to offer regulated work, or to employ a person barred from carrying out regulated work).
How do I know if a post needs a PVG?
A list of designations that require PVG or Disclosure checks can be found via the Disclosure Scotland Designations document on Connects.
If you believe you have a role within your service that should be added to this list, please complete a Disclosure Scotland Post Licence form. Please note that if you believe a role does require a PVG check, you can use the Disclosure Scotland Act schedules to assess the criteria on regulated roles for children and protected adults.
What will this mean for new starts?
New starts doing work in regulated roles MUST be PVG checked before they can start work with North Ayrshire Council. This includes shadowing/training.
As this is now a legal requirement, there will be no exceptions. The Resourcing team will confirm to the Recruiting Manager when all pre-employment checks are complete, and you can then arrange a start date with the new employee.
What will this mean for current employees transferring internally to a new regulated role?
You will be asked to check if the employee already has the relevant PVG check in place, if so, you can arrange a start date and complete the contract amendment form through the employee account.
If there is no PVG in place or the employee does not have a PVG for the correct category, you must not confirm a start date until a PVG has been completed for them. You should contact the Resourcing team if you believe that a PVG is required or if you are unsure if they already have a relevant PVG in place.
Further guidance available via the Disclosure Scotland website
Disclosure Scotland’s regulated roles guidance is now published on their website.
This guidance is designed to help you make the decision of whether or not a role is a regulated role, through the activities involved.
If you make the decision that a role is a regulated role, then the individual will be required by law, to be a member of the PVG scheme for protected adults and/ or children prior to carrying out that role from 1 April 2025.
Are there any changes to the application process?
The application process remains the same and is completed by an online form. However, Disclosure Scotland have advised that with effect from Tuesday 1 April 2025, all applicants will now have to give consent to release the PVG results to us.
This request will be sent via email, and the applicant will need to log in to their ScotAccount and press the radio button to confirm that they consent to us receiving the results.
We will be updating our recruitment emails to advise applicants that they need to do this however, if you are recruiting into a PVG role from April 2025, it would be helpful if you could remind applicants that they need to do this to avoid any delays.
Is there any change for Basic/Standard/Enhanced Disclosures?
Basic Disclosures will now be known as Level 1 Disclosures, and Standard and Enhanced Disclosures will be known as Level 2. PVG will remain the PVG Scheme. If you have any questions regarding the changes, please contact ResourcingHR@north-ayrshire.gov.uk