Employers needing a detailed check
In some instances, an employer or other organisation will have to apply for a Standard or Enhanced Disclosure for a new employee or volunteer.
Basic Disclosures
A Basic Disclosure (termed as a 'criminal conviction certificate' in Part V of the Police Act 1997) is the lowest level of Disclosure and is available to anyone for any purpose. It contains details of convictions considered unspent under the Rehabilitation of Offenders Act 1974 or states that there are no such convictions. This type of Disclosure is only issued to the applicant. It is not job-specific or job-related and may be used more than once.
Standard Disclosures
The intermediate level of Disclosure is the Standard Disclosure (termed as a 'criminal record certificate' under Part V of the Police Act 1997). This includes convictions held on central records and records both spent and unspent convictions under the Rehabilitation of Offenders Act 1974. This means that even minor convictions, perhaps dating from years ago, are included on the Disclosure. The Standard Disclosure is available, subject to the application first being countersigned by a registered person (usually the potential employer or voluntary organisation, that is, the Registered Body).
To qualify for a Standard Disclosure the position must be exempt from the provisions of the Rehabilitation of Offenders Act 1974 under the regulations contained in the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2003 (As Amended).
Enhanced Disclosures
The highest level of Disclosure is the Enhanced Disclosure (termed as an 'enhanced criminal record certificate' under Part V of the Police Act 1997). In addition to the details included in Standard Disclosures, Enhanced Disclosures may contain non-conviction information which a Chief Officer or Chief Constable may choose to disclose if they believe it to be relevant to the position in question.
For most other types of regulated work with children or protected adults, the PVG Scheme is now the most appropriate type of check. Regulated work is the term used by the PVG Act to define the types of work which barred individuals must not do, and for which PVG Scheme membership is available. Click here to access more information about the PVG Scheme.
The PVG Scheme
In February 2011, the Scottish Government introduced a new membership scheme to replace and improve upon the current disclosure arrangements for people who work with vulnerable groups. For more information click here.
Becoming a registered body
Persons or bodies wishing to make declarations in relation to PVG Disclosure Requests, or to countersign applications for Standard or Enhanced Disclosures must become registered bodies with Disclosure Scotland. A registered person within the registered body needs to be identified to ensure the organisation complies with our Code of Practice.
If your organisation wants to become a registered body, contact Disclosure Scotland. The charge for registration is £150 plus £10 for each registered individual.
Please Note, for new Registered Bodies, to assist your organisation in complying with relevant legislation, you will be required to send all your disclosure applications marked for the attention of Disclosure Scotland's Compliance Team, PO Box Number 250, Glasgow G51 1YU. If required, a member of the team will contact you to discuss the respective application further
