Disclosure (Scotland) Act 2020

31 Provision of new Level 2 disclosure on conclusion of review proceedings

(1) This section applies where—

(a) a Level 2 review application is made in relation to a Level 2 disclosure provided to an applicant, and

(b) proceedings on the application have finally concluded.

(2) The Scottish Ministers must provide the applicant with a new Level 2 disclosure as if the applicant had made an application for the disclosure under section 11 on the date on which proceedings on the review application finally concluded.

(3) If the effect of the final outcome of the proceedings is, in relation to any of the information contained in the Level 2 disclosure that was subject to a review as to its accuracy, that the information is inaccurate, the Scottish Ministers must ensure that the new Level 2 disclosure contains corrected information.

(4) If the effect of the final outcome of the proceedings is, in relation to any of the reviewable information that was the subject of the Level 2 review application, that the information—

(a) is not relevant for the purpose of the disclosure, and

(b) ought not to be included in the disclosure,

the Scottish Ministers must exclude the information from the new Level 2 disclosure to be provided under subsection (2).

(5) If the effect of the final outcome of the proceedings is, in relation to any of the reviewable information that was the subject of the Level 2 review application, that the information—

(a) is relevant for the purposes of the disclosure, and

(b) ought to be included in the disclosure,

the applicant may not specify the information in any review application made in relation to the new Level 2 disclosure or any subsequent Level 2 disclosure provided for the same purpose as the original Level 2 disclosure.

(6) Subsection (5) does not prevent the applicant from specifying the information in any review application made in relation to a subsequent Level 2 disclosure provided for the same purpose as the original Level 2 disclosure if—

(a) the review application in relation to the subsequent Level 2 disclosure is made after the end of such period beginning with the final outcome of proceedings as the Scottish Ministers may by regulations specify, or

(b) the Scottish Ministers are satisfied that the applicant’s circumstances have changed in a material respect since the final outcome of proceedings.

(7) For the purposes of this section, proceedings on a Level 2 review application finally conclude on whichever of the following occurs last—

(a) if a review of the accuracy of any information contained in the Level 2 disclosure is carried out by the Scottish Ministers, the date of the Scottish Ministers’ decision under section 21(3),

(b) if no review is carried out by the independent reviewer in relation to any of the reviewable information that is the subject of the Level 2 review application, the expiry of the period within which the applicant could have requested that the Scottish Ministers arrange for the independent reviewer to review the inclusion of the reviewable information (see sections 24(2) and 26(2)),

(c) if—

(i) a review is carried out by the independent reviewer in relation to any of the reviewable information that is the subject of the Level 2 review application, and

(ii) no appeal is taken under section 30 against the independent reviewer’s decision,

the expiry of the period within which an appeal could have been taken against the independent reviewer’s decision (see section 30(4)) or, if sooner, the relevant date,

(d) if—

(i) a review is carried out by the independent reviewer in relation to any of the reviewable information that is the subject of the Level 2 review application, and

(ii) an appeal is taken under section 30 against the independent reviewer’s decision,

the date of the sheriff’s decision in the appeal.

(8) In subsection (7)(c), the “relevant date” is—

(a) where—

(i) the review carried out by the independent reviewer included a review under section 24 of information relating to the applicant provided by the chief constable in accordance with section 14, and

(ii) both the applicant and the chief constable notify the Scottish Ministers under subsection (5) of section 30 that they do not intend to take an appeal under subsection (1) of that section,

the date on which the later of those notifications is made,

(b) in any other case, the date on which the applicant notifies the Scottish Ministers under subsection (5) of 30 that the applicant does not intend to take an appeal under subsection (1) of that section.

(9) For the purposes of this section, “the final outcome of the proceedings”, in relation to any of the information that was the subject of the Level 2 review application, means—

(a) where subsection (7)(a) applies in relation to the information, the Scottish Ministers’ decision,

(b) where subsection (7)(b) applies in relation to the proceedings, the decision of the Scottish Ministers or the chief constable as the case may be,

(c) where subsection (7)(c) applies in relation to the information, the independent reviewer’s decision as notified under section 29,

(d) where subsection (7)(d) applies in relation to the information, the sheriff’s decision.

(10) Subsections (11) and (12) apply where—

(a) a new Level 2 disclosure is provided to an applicant under subsection (2),

(b) information is excluded from the new Level 2 disclosure by virtue of subsection (4),

(c) the applicant participates in the PVG Scheme, and

(d) 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.

(11) 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 subsection (10)(d).

(12) The information is to be treated for the purposes of the PVG Act as not being vetting information.