Understanding the certificate
- Certificate validity period
- Job specific disclosures
- Impact of disclosure on selection process
- Sharing certificate information - individuals
- Sharing certificate information - registered and umbrella bodies
- Portability - Re-use of a Disclosure Certificate
- Storing and disposing of Disclosure certificates
Certificate validity period
Your disclosure certificate is correct as of the day it was issued. The PVG Scheme is an ongoing membership scheme.
If you needed a Standard, Enhanced or PVG Scheme Disclosure certificate as part of a job interview process, you will not necessarily be able to use that certificate to support an application for another job. Enhanced certificates in particular include information believed to be relevant for the job being applied for.
Impact of disclosure on selection process
Unless there is a legislative bar, a conviction should not automatically disqualify anyone from an employment position. Any conviction should be considered in terms of its relevancy to the post applied for.
Sharing certificate information - individuals
If you have a Basic, Standard or Enhanced Disclosure certificate in your own name, there are no rules governing who you can show this certificate to.
Sharing Certificate Information - registered and umbrella bodies
Disclosure information must be handled only by those persons within an organisation entitled to see it in the course of their duties. Sharing of this information with any other individual or organisation is an offence under Section 124 of Part V of the Police Act 1997.
Portability - Re-use of a Disclosure Certificate
Disclosure Scotland provides a Code of Practice to those who may use the Disclosure service. The Code of Practice is published by the Scottish Ministers under Section 122 of the Police Act 1997 and the PVG Scheme Act 2007.
The Explanatory Guide states that:-
"Disclosures carry no pre-determined period of validity or absolute guarantee of accuracy. Standard and Enhanced Disclosures will be position specific and considered valid only at the time of their issue. The Code of Practice prescribes that Disclosure information must not be used for purposes other than those for which it has been provided. It is recommended that a new Disclosure be sought for each new recruit or when someone is moving to another post.”
Storing and disposing of Disclosure certificates
Registered persons or organisations in possession of disclosure information must not retain such information for longer than it is relevant to their needs. Organisations should be aware at all times of the need to comply with the Data Protection Act 1998 which requires that personal information should be kept only for as long as it is required for the purposes for which it was obtained. This may be the date on which the recruitment or other relevant decision has been taken, or after the date on which any dispute about the accuracy of the disclosure information has been resolved. For PVG disclosure records this may be the date an individual ceases to carry out regulated work for that organisation.