Section 8 Disapplication of sections 6 and 7I1

(1)

Subsection (2) applies where a referral is made to the independent reviewer for a determination under section 18 as to whether information with respect to relevant behaviour ought to be included F1in a Level 2 disclosure.

(2)

Sections 6 and 7(1) and (2) do not apply—

(a)

for the purpose of the referral (including any appeal under section 20), and

(b)

in relation to the relevant behaviour which is the subject of the referral.

(3)

Subsection (4) applies where—

(a)

the independent reviewer has determined, on a review under section 18, that information with respect to relevant behaviour ought to be included in F2a Level 2 disclosure, and

(b)

such information is so included.

(4)

Sections 6 and 7 do not apply—

(a)

in relation to the purpose F3of the disclosure, and

(b)

in relation to the relevant behaviour with respect to which information is included in the F4Level 2 disclosure.

F5(5)

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

(6)

Subsection (7) applies where information with respect to relevant behaviour is included in a F6Level 2 disclosure as mentioned in subsection (3)(b).

(7)

Subject to subsections (1) and (2), the application of sections 6 and 7 is not excluded in relation to that relevant behaviour, or any circumstances ancillary to it, during the period before the F7Level 2 disclosure was provided.

Annotations

Textual amendments

F1: Words in s. 8(1) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 7(2)(a) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.
F2: Words in s. 8(3)(a) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 7(2)(b) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.
F3: Words in s. 8(4)(a) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 7(2)(c)(i) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.
F4: Words in s. 8(4)(b) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 7(2)(c)(ii) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.
F5: S. 8(5) repealed (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 7(2)(d) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.
F6: Words in s. 8(6) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 7(2)(e) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.
F7: Words in s. 8(7) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 7(2)(f) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

Commencement

I1: S. 8 in force at 30.11.2020 by S.S.I. 2020/369, reg. 2, sch.