Changes to PVG Legislation
PVG legislation is changing from 1st April 2025.
The most significant changes for bowls clubs are:
- From 1st April 2025, it is a criminal offence to start a regulated role without a PVG. The responsibility lies with the individual and the club jointly to comply.
- Clubs must ensure no member begins a regulated role before their PVG is confirmed by Bowls Scotland and all club checks are complete.
- Minimum age to apply for a PVG is now 16.
- Any role newly falling under the regulated roles criteria has a three-month grace period to submit a PVG scheme application. The deadline for applications is 1 July 2025.
The updated criteria for regulated roles extends to committees in some cases. Bowls Scotland has taken its time to understand the legislation in detail, engage with Disclosure Scotland and seek legal advice. Following this process our guidance to our affiliated clubs is:
Bowls Scotland recommend that the majority of clubs do not need to PVG check their committees. However, in limited cases the changes to the law mean that a club may conclude it will have to PVG check committee members.
The legal responsibility for making this decision ultimately sits with each club and we recommend that you carefully consider our guidance below, take a decision as a committee, and document this decision.
Remember, you do still need to PVG check other roles that are already covered in legislation (e.g. Wellbeing Protection Officers, club coaches, assistant coaches, junior coaches assistants). Bowls Scotland’s safeguarding guidance can be found at www.bowlsscotland.com/safeguarding.
Bowls Scotland guidance to affiliated clubs on PVG checks for club committees
What does the new law require for committees?
The law requires organisations with a main purpose to deliver benefit to children or vulnerable adults to PVG check their committees.
However, there is no definition in the law of ‘main purpose’ or guidance from Government as to how this should be interpreted.
For many bowls clubs delivering benefit to children or vulnerable adults will be a purpose, but our guidance is that most clubs will be able to conclude that this is not a main purpose of their club.
What are the definitions for children and protected adults?
Child:
Anyone under the age of 18
Protected adult:
Anyone 18 or over who:
- is homeless
- is receiving a health or community service
- needs assistance with activities of daily living
- has experienced, is experiencing or is at risk of experiencing domestic abuse
- has an impaired ability to protect themselves from physical or psychological harm, because of a physical or mental disability, illness, infirmity or ageing
Being a Protected Adult is not a permanent status or label. You are only considered a Protected Adult whilst you are receiving a service addressing one of the listed needs.
Which clubs don’t need to PVG check their committees?
Bowls Scotland’s guidance is that clubs that meet criteria 1 or 2 below can reasonably conclude that providing benefit to children is not a main purpose and therefore do not need to PVG check their committee members:
- Clubs that do not provide coaching, competitions or sessions specifically targeting children; or
- Clubs that do provide coaching, competitions or sessions specifically targeting children but have:
- Less than 5 children in their playing membership; or
- Less than 20% of their playing membership are children
What if my clubs meet the criteria above, but we still believe providing that providing benefit to children or protected adults is a main purpose of our club?
If your club meets these criteria above but is running significant levels of targeted activity for children or protected adults, the club can ultimately decide that providing benefit to children or protected adults is a main purpose and they do require to PVG check their committee members. In this circumstance, please contact Bowls Scotland via safeguarding@bowlsscotland.com to discuss further.
Which clubs need to more carefully consider if providing benefit to children is a main purpose?
Our guidance is that clubs that meet criteria 3 below may conclude that providing benefit to children is a main purpose and therefore do need to PVG check their committee members:
- Clubs that provide coaching, competitions or sessions specifically targeting children and with
- 20 or more children in their playing membership; or
- 20% or more of their playing membership are children.
We recommend that committees of these clubs carefully consider if providing benefit to children is a main purpose.
What should clubs do next?
The legal responsibility for making this decision ultimately sits with each club. We recommend that you consider our guidance, take a decision as a committee, and document this decision.
If your club decides that providing benefit to children or protected adults is a main purpose of your club, please contact Bowls Scotland via safeguarding@bowlscotland.com. We will support you through the PVG process for your committee members.
What should you do if you want more support?
Bowls Scotland will write to clubs that have met criteria 3 in either of the past two affiliation cycles.
Bowls Scotland will hold open online information sessions 3-4pm Wednesday 9th April (register here) and 6.30-7.30pm on Thursday 10th April (register here).
If you have any other queries please email safeguarding@bowlsscotland.com.
Disclosure Scotland’s downloadable training materials can be accessed at Disclosure Scotland | Linktree.
Why is guidance from other organisations different?
We are aware that other organisations’ guidance may differ. This may be a result of the differences between organisations or different interpretations of the legislation. However, having considered the legislation in detail, engaged with Disclosure Scotland and sought legal advice, we are confident that our guidance is appropriate for our affiliated clubs.