Disclosure (Scotland) Act 2020  - accredited body fees and proposals for discounting: PVG scheme consultation

Background: Ongoing development of fee level and structure for Level 1 and Level 2 disclosures

Level 1 disclosure

Level 1 disclosures will replace the current basic disclosure. As well as unspent convictions, these will also include information about notification requirements under Part 2 of the Sexual Offences Act 2003, where that is relevant. Basic disclosures are the most requested and currently cost £25. They are able to be requested for any purpose, which will remain the same when replaced by Level 1 disclosures.

We propose that the fee for a Level 1 disclosure will remain at £25.

Increases in line with inflation, from February 2011 to April 2024 indicate the fee should now be £41^[1] for a basic disclosure. However, efficiencies made by Disclosure Scotland under the online system which allow for more effective processing of most basic disclosures balances the inflationary increases.

Level 2 disclosures and Level 2 disclosures with suitability

Level 2 disclosures will replace the current standard disclosure and enhanced disclosure. The current fee for a standard or enhanced disclosure is £25.

Level 2 disclosures with suitability will replace enhanced disclosures with suitability (which include barred list information – whether the person is barred from regulated roles with children or protected adults). The current fee for an enhanced disclosure with suitability is £25.

Increases, in line with inflation, from February 2011 indicate the fee should now be £41 for standard/enhanced disclosures. We propose that the fee for a Level 2 disclosure and a Level 2 with suitability will be £35.

For several years, the fee for standard/enhanced disclosures has been set below the cost for Disclosure Scotland to process them. The proposed fee will enable us to balance the cost of production of the disclosure more accurately against Level 1 disclosures, which are less expensive to produce.

Level 2 disclosures with PVG scheme membership and confirmation of scheme memberships

The PVG Scheme is unique in the UK context. The Scheme ensures people working with children and protected adults are continuously monitored. This means Disclosure Scotland review new convictions and any other relevant information supplied by the police on an ongoing basis. We then assess whether the information may mean a scheme member is unsuitable for roles working with children or protected adults. If a scheme member is found to be unsuitable, we contact organisations with an active interest in their regulated work to advise of any change to their status in the PVG Scheme.

Level 2 disclosures with PVG scheme membership information will replace the current PVG scheme records and scheme record updates.

There will also be a product equivalent to the current statement of scheme membership, known as a confirmation of scheme membership. This product will not include conviction information.

As shown in the table in Figure 1, the current fee for a PVG scheme record is £59, and a short scheme record is £18.

The current fee for a statement of scheme membership is £59 when joining the scheme and £18 for any subsequent statement.

Increases, in line with inflation, from February 2011 to April 2024 indicate the fee should now be £97 for a PVG scheme record or statement of scheme membership (when joining the scheme). We propose that the fee in Year 1 (1 April 2025 to 30 March 2026) for a Level 2 disclosure with PVG scheme membership information will be £70.

As with the current fee structure, this fee will be paid when an application is made for a Level 2 disclosure with PVG scheme membership information to be provided to an organisation.

The proposed fee for a confirmation of scheme membership will increase to £70 when the applicant is also joining the PVG scheme. The proposed fee for subsequent confirmations of membership for existing scheme members will remain at £18.

Maintaining the existing fee structure will help ease the transition to the new provisions in the Disclosure Act, including the time-limited membership of the PVG scheme. Disclosure Scotland propose that, from April 2026 onwards, the fee structure for PVG scheme membership will move to a ‘membership model’. This will mean that a recurring renewal fee will be due at the end of a scheme member’s five-year PVG scheme membership period.

Disclosure Scotland will engage with stakeholders further on what is required for the transition of existing scheme members to time-limited membership, and fee setting under a membership model. This model will assist Disclosure Scotland in stabilising income and ensuring that we are able to continue delivering our crucial safeguarding services sustainably in the long-term. However, it will be important to ensure that scheme members are fairly and smoothly transitioned to the time-limited membership, so we are not proposing moving to this model in the 2025 to 2026 financial year.