Is it compulsory to apply for a Disclosure?
Part V of the Police Act 1997 does not make checks compulsory. It is for organisations and others, including departments and authorities with responsibility for employing people in positions of trust, to lay down their particular requirements and procedures. However, other legislation such as the Protection of Children (Scotland) Act 2003 and the Regulation of Care (Scotland) Act 2001 do make checks compulsory for some occupations, including teaching & childcare positions.
Similarly, it is expected that the proposed new Protection of Adults (Scotland) Act, when enacted, will require checks to be made against the Disqualified from Working with Adults at risk list - it is expected that the only way to access said list will be via a Disclosure check.
