From 12 January 2026, Scotland will switch off the old court‑referral route in the PVG system. From 1 April 2026, Disclosure Scotland will move PVG Scheme membership onto a five‑year cycle. For charities, councils and care providers in the North who operate across the border, these dates matter.

Scottish Statutory Instrument 2025/352, signed on 13 November and laid on 17 November, activates the changes under the Disclosure (Scotland) Act 2020. The regulation text, published on legislation.gov.uk, also sets out saving and transitional steps so ongoing cases are handled fairly and administrators know exactly what to do next.

Section 81 of the 2020 Act takes effect on 12 January, repealing sections 7 and 11 of the PVG Act 2007 that dealt with court references, along with section 32(1) and (2) and schedule 1. Existing court referrals made before that date are protected: Scottish Ministers will keep considering them, with the terminology aligned to ‘regulated role’ rather than ‘regulated work’. Where someone was being considered for the children’s list under the old section 11(2) but does not, has not or is not likely to carry out a regulated role with children, Ministers must write to confirm the consideration has ended; that letter is not a formal ‘not to list’ decision.

On membership, sections 71 and 72 of the 2020 Act go live on 1 April 2026. They insert sections 45A and 45B into the PVG Act and set a standard five‑year term for PVG Scheme membership. ‘Existing Scheme members’-those in the Scheme before 1 April and still participating that day-will be told in writing when their new five‑year period starts. For each type of regulated role, the clock starts on the day the letter is issued.

This matters for HR and volunteer leads because renewals become time‑critical. If a person lets their PVG membership lapse beyond any discretionary period and Ministers have reasonable grounds to believe they are still carrying out a regulated role, the updated rules allow Ministers to consider whether to list the individual for barring. That process includes notice and opportunities to respond-so records and contact details need to be accurate.

The procedure rules are being tidied up in two phases. From 12 January, the 2010 Consideration for Listing Regulations lose references to the now‑repealed court‑referral provisions. From 1 April, a new Part 5A is added to govern cases where someone fails to renew. Individuals must be told the start date of their membership period, see any expiry notices issued, and are invited to make representations within 28 days when asked.

For cross‑border operators, this is practical, not theoretical. If your people do regulated roles in Scotland-youth work on residential trips, adult care shifts, or placements with Scottish services-PVG membership is required for the Scottish part of the work. A DBS check for England and Wales is often still needed for the rest of the job, but it does not replace PVG.

Civic bodies on our side of the line-from Berwick and Hexham up to Carlisle and the Solway-regularly place children and adults in Scottish provision or run mixed‑team programmes with Scottish partners. University placements and NHS–charity rotations are common too. The renewal clock means rosters, rotas and student timetables will need a tighter check ahead of April.

Managers should map who crosses into Scotland, note when Disclosure Scotland letters arrive, and budget for renewals through 2026–27. Volunteer‑heavy groups will benefit from a single register tracking PVG and DBS side by side, flagging five‑year dates and prompting early renewal so staffing plans aren’t derailed.

According to the government’s note to SSI 2025/352, listing rules for existing court‑referred cases are saved after 12 January and a set of revocations is made via schedule 2. In practice, the message is simple: ring‑fence the two start dates, brief your safeguarding leads, and get your records ready. Source: legislation.gov.uk.