Paragraph 4 Provision of a Level 2 disclosure on conclusion of review proceedings
This paragraph applies where—
a review under paragraph 1 has been carried out by the independent reviewer, and
proceedings in the review have finally concluded.
The Scottish Ministers must provide the applicant with a Level 2 disclosure as if the applicant had made an application on the date on which proceedings in the review finally conclude.
If the effect of the final outcome of proceedings in the review is that the information received by the Scottish Minsters from the chief officer in response to a request under section 15(1) of the Disclosure Act—
is not relevant for the purpose of the Level 2 disclosure, and
ought not to be included in the Level 2 disclosure,
the Scottish Ministers must exclude the information from the Level 2 disclosure to be provided under sub-paragraph (2).
For the purposes of this paragraph, proceedings in the review finally conclude on whichever of the following occurs last—
where the independent reviewer’s decision under section 15(3) of the Disclosure Act is that the information is not relevant for the purpose of the Level 2 disclosure and ought not to be included in the Level 2 disclosure, the date of the independent reviewer’s decision,
where the independent reviewer’s decision under section 15(3) of the Disclosure Act is that the information is relevant for the purpose of the Level 2 disclosure and ought to be included in the Level 2 disclosure and no appeal is taken—
the date on which the applicant notified the Scottish Ministers under paragraph 3(4) of this schedule, or
the expiry of the period within which the applicant could have taken an appeal (see paragraph 3(3) of this schedule),
where the independent reviewer’s decision under section 15(3) of the Disclosure Act is that the information is relevant for the purpose of the Level 2 disclosure and ought to be included in the Level 2 disclosure and an appeal is taken by an applicant under paragraph 3(1) of this schedule, the date of the sheriff’s decision in the appeal.
For the purposes of section 15(4) of the Disclosure Act and this paragraph, “the final outcome of proceedings” means—
where sub-paragraph (4)(a) or (4)(b) of this regulation applies, the independent reviewer’s decision as notified in accordance with paragraph 2 of this schedule,
where sub-paragraph (4)(c) of this regulation applies, the sheriff’s decision.
Sub-paragraphs (7) and (8) apply where—
a new Level 2 disclosure is provided to an applicant under paragraph 4(2),
information is excluded from the new Level 2 disclosure by virtue of paragraph 4(3),
the applicant participates in the PVG Scheme, and
the information that is excluded from the new Level 2 disclosure is also contained in the applicant’s scheme record in relation to a type of regulated role to which the purpose of the new Level 2 disclosure relates.
The Scottish Ministers must remove the information from the applicant’s scheme record so far as relating to the type of regulated role mentioned in sub-paragraph (6)(d).
The information is to be treated for the purposes of the PVG Act as not being vetting information.