Recruitment and selection: key differences in Scotland and Northern Ireland
Updating authors: Lynda Macdonald, Annabel Mace and Unlock, consultant editor (Scotland): Gillian MacLellan, consultant editor (Northern Ireland): Gareth Walls
Future developments
Changes to disclosure checks (Scotland): The Disclosure (Scotland) Act 2020 contains provisions which make changes to disclosure checks. The provisions of the Act are being brought into force by the Disclosure (Scotland) Act 2020 (Commencement No.3) Regulations 2024, and will become operational in four phases, from 30 September 2024. The following changes are being introduced:
- Phase one (30 September 2024): New powers for local authorities to make referrals in certain circumstances, eg for child and adult protection investigations.
- Phase two (1 April 2025): Most of the main changes come into force, including the simplified disclosure process with the introduction of Level 1 and Level 2 applications and the PVG scheme becomes a mandatory legal requirement.
- Phase three (Late 2025): Further powers for Disclosure Scotland in relation to barring individuals.
- Phase four (1 April 2026): Further changes to the PVG scheme including the change from a lifetime membership to renewal every five years.
For further information see Disclosure (Scotland) Act 2020: What you need to know.
The Act will also change the terminology used in Scotland regarding basic, standard and enhanced disclosure. These will be known as Level 1 disclosures (replacing "basic") and Level 2 disclosures (replacing "standard" and "enhanced" and the PVG scheme, which are often referred to as "higher-level" disclosures).
Exclusion from disclosure checks (Scotland): Certain spent convictions are excluded from higher-level disclosure where 15 or more years have passed since the date of the conviction (seven years and six months or more where the individual was under 18 when convicted) (see Exclusion from disclosure checks). Certain spent convictions will also be excluded from higher-level disclosure where 11 or more years have passed since the date of the conviction (five years and six months or more where the individual was under 18 when convicted). The reduced periods will be equivalent to those that already apply in the rest of the UK. Further, individuals will be able to request an independent review of certain disclosure content.
PVG scheme (Scotland): From 1 April 2026, lifetime PVG scheme membership will end. This will be replaced with a time limited membership. PVG scheme membership will last five years before it will need to be renewed.
Rehabilitation periods (Northern Ireland): Following a consultation in early 2021, the Department of Justice in Northern Ireland made the draft Rehabilitation of Offenders (Amendment) Order (Northern Ireland) 2022, with proposed revised rehabilitation periods for Northern Ireland. However, the draft Order was not addressed by the Northern Ireland Assembly before the end of its last term and it is not known if it will be reintroduced under the next Assembly mandate.
Proposed rehabilitation periods include the following:
| Sentence | Proposed rehabilitation period |
|---|---|
| Custodial sentence not exceeding one year | One year from completion of sentence |
| Custodial sentence of more than one year but not exceeding four years | Four years from completion of sentence |
| Custodial sentence of more than four years but not exceeding 10 years. | Seven years from completion of sentence |
| Custodial sentence of more than 10 years. | Never spent |
These periods largely reflect those in the Police, Crime, Sentencing and Courts Act 2022, which took effect on 28 October 2023 in England and Wales (see Job applicants with convictions), although in England and Wales, custodial sentences of more than 10 years have a seven-year rehabilitation period.
Employment law reform (Northern Ireland): The Employment Rights Bill, which was introduced to the UK Parliament on 10 October 2024, does not extend to Northern Ireland.
