Explanatory note

These Regulations make provision in connection with the procedure for the carrying out of reviews (whether by the Scottish Minsters, the chief constable or the independent reviewer) under Part 1 of the Disclosure (Scotland) Act 2020 (“the Disclosure Act”) in relation to any of the information included in a Level 1 or Level 2 disclosure.

Part 1 of these Regulations sets out the formal citation and commencement information and defines terms which recur throughout the Regulations.

Part 2 of these Regulations sets out the prescribed periods within which a Level 1 disclosure applicant may:

• request that the Scottish Ministers arrange for the applicant’s Level 1 disclosure to be made available using electronic communications to any person that the applicant specifies (regulation 2),

• notify the Scottish Ministers that the applicant intends to make a Level 1 review application under section 5 of the Disclosure Act (regulation 2),

• apply to the Scottish Ministers for a review of the accuracy of any of the information contained in the Level 1 disclosure (regulation 3).

Regulation 4 and the schedule make further provision in connection with the carrying out of a review by the independent reviewer under section 15 of the Disclosure Act in relation to relevant overseas police information.

Regulation 5 prescribes the meaning of “relevant overseas police force” for the purposes of requests made under section 15(1) of the Disclosure Act.

The remainder of Part 3 sets out various prescribed periods within which a Level 2 disclosure applicant may:

• request that the Scottish Ministers arrange for the applicant’s Level 2 disclosure to be made available to the accredited body who countersigned the application (regulation 6),

• notify the Scottish Ministers that the applicant intends to make a Level 2 review application under section 20 of the Disclosure Act (regulation 6),

• apply to the Scottish Ministers for a review of the accuracy of any of the information contained in, or a review of any reviewable information that is included in, the Level 2 disclosure (regulation 7),

• request that the Scottish Ministers arrange for the independent reviewer to carry out a review of any relevant police information included in the Level 2 disclosure (regulation 8),

• request that the Scottish Ministers arrange for the independent reviewer to carry out a review of any removable convictions included in the Level 2 disclosure (regulation 9),

• specify information that was previously determined to be relevant for the purpose of a Level 2 disclosure and included in that disclosure, in any review application made in relation to a subsequent Level 2 disclosure provided for the same purpose (regulation 10).