# The Age of Criminal Responsibility (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2021, Article 5: Referral of information to independent reviewer

Extent: E+W+S+N.I.

(1) This article applies where—
(a) a chief officer, having been requested to do so by the Scottish Ministers under section 14A 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 a Level 2 disclosure, ...
(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 of the disclosure,
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) an explanation of why the chief officer considers the information ought to be included in the Level 2 disclosure ..., 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 a Level 2 disclosure ... to the independent reviewer within the time period specified by virtue of that section.
(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.

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Source: https://www.legislation.gov.uk/uksi/2021/1458/article/5 (the official version)
Page: https://openlegislation.uk/age-of-criminal-responsibility-scotland-act-2019-consequential-provisions-and-modifications-order-2021/article-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.