OpenLegislation

Article 5 Referral of information to independent reviewerI1

United Kingdom

(1)

This article applies where—

(a)

a chief officer, having been requested to do so by the Scottish Ministers under section F114A of the Disclosure Act, has identified information which relates to a time when the applicant was under 12 years of age and which, in the chief officer’s opinion, ought to be included in F2a Level 2 disclosure, F3...

(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

The chief officer must, before providing that information to the Scottish Ministers, refer that information to the independent reviewer together with the following—

(a)

in the case of information falling within paragraph (1)(a), information about the purpose F4of the disclosure,

F5(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

an explanation of why the chief officer considers the information ought to be included in the F6Level 2 disclosure F7..., and

(d)

any other information the chief officer considers relevant to the exercise of the independent reviewer’s functions.

(3)

If provision of the type mentioned in section 23(2)(a) of the 2019 Act is in force, the chief officer must refer the information that the chief officer has identified and considers ought to be included in F8a Level 2 disclosure F9... to the independent reviewer within the time period specified by virtue of that section.

F10(4)

In this article—

  • “the applicant” means the person whose application for a disclosure led to the request by the Scottish Ministers mentioned in paragraph (1)(a);

  • “the Disclosure Act” means the Disclosure (Scotland) Act 2020;

  • “Level 2 disclosure” has the meaning given in section 8 of the Disclosure Act;

  • “purpose of the disclosure” has the meaning given in section 69 of the Disclosure Act.

Annotations

Textual amendments

F1

Words in art. 5(1)(a) substituted (1.4.2025) by The Disclosure (Scotland) Act 2020 (Consequential Provisions and Modifications) Order 2025 (S.I. 2025/423), art. 2(1), Sch. 1 para. 2(4)(a)(i)

F2

Words in art. 5(1)(a) substituted (1.4.2025) by The Disclosure (Scotland) Act 2020 (Consequential Provisions and Modifications) Order 2025 (S.I. 2025/423), art. 2(1), Sch. 1 para. 2(4)(a)(ii)

F3

Art. 5(1)(b) and word omitted (1.4.2025) by virtue of The Disclosure (Scotland) Act 2020 (Consequential Provisions and Modifications) Order 2025 (S.I. 2025/423), art. 2(1), Sch. 2 para. 7(3)(a)

F4

Words in art. 5(2)(a) substituted (1.4.2025) by The Disclosure (Scotland) Act 2020 (Consequential Provisions and Modifications) Order 2025 (S.I. 2025/423), art. 2(1), Sch. 1 para. 2(4)(b)(i)

F5

Art. 5(2)(b) omitted (1.4.2025) by virtue of The Disclosure (Scotland) Act 2020 (Consequential Provisions and Modifications) Order 2025 (S.I. 2025/423), art. 2(1), Sch. 2 para. 7(3)(b)(i)

F6

Words in art. 5(2)(c) substituted (1.4.2025) by The Disclosure (Scotland) Act 2020 (Consequential Provisions and Modifications) Order 2025 (S.I. 2025/423), art. 2(1), Sch. 1 para. 2(4)(b)(ii)

F7

Words in art. 5(2)(c) omitted (1.4.2025) by virtue of The Disclosure (Scotland) Act 2020 (Consequential Provisions and Modifications) Order 2025 (S.I. 2025/423), art. 2(1), Sch. 2 para. 7(3)(b)(ii)

F8

Words in art. 5(3) substituted (1.4.2025) by The Disclosure (Scotland) Act 2020 (Consequential Provisions and Modifications) Order 2025 (S.I. 2025/423), art. 2(1), Sch. 1 para. 2(4)(c)

F9

Words in art. 5(3) omitted (1.4.2025) by virtue of The Disclosure (Scotland) Act 2020 (Consequential Provisions and Modifications) Order 2025 (S.I. 2025/423), art. 2(1), Sch. 2 para. 7(3)(c)

F10

Art. 5(4) inserted (1.4.2025) by The Disclosure (Scotland) Act 2020 (Consequential Provisions and Modifications) Order 2025 (S.I. 2025/423), art. 2(1), Sch. 1 para. 2(4)(d)

Commencement

I1

Art. 5 in force at 17.12.2021, see art. 1(1)