PART 2DISCLOSURE OF CONVICTIONS AND OTHER INFORMATION RELATING TO TIME WHEN PERSON UNDER 12

CHAPTER 2INDEPENDENT REVIEW OF DISCLOSURE OF INFORMATION

Review of information prior to disclosure

I116Notification to applicant or scheme member

F1A1

This section applies where information falling within subsection (A2) or (A3) is referred to the independent reviewer for review.

A2

Information falls within this subsection if—

a

it has been referred to the independent reviewer following a request for information made by the Scottish Ministers under section 113B(4) of the 1997 Act,

b

it relates to a time when the applicant was under 12 years of age, and

c

it ought, in the opinion of the person who referred the information to the independent reviewer, to be included in an enhanced criminal record certificate issued under section 113B(1) of that Act.

A3

Information falls within this subsection if—

a

it has been referred to the independent reviewer as a result of an enquiry or arrangements made under section 47 of the 2007 Act,

b

it relates to a time when the scheme member was under 12 years of age, and

c

it ought, in the opinion of the person who referred the information to the independent reviewer, to be included in a scheme record by virtue of section 49(1)(c) of that Act.

1

The independent reviewer must notify the applicant or, as the case may be, the scheme member to whom the information relates that information has been received for review.

2

A notice under subsection (1) must include details of—

a

the information relating to the applicant or scheme member which has been referred to the independent reviewer for review,

b

how the applicant or scheme member can make representations to the independent reviewer about whether the information ought to be included in the enhanced criminal record certificate or, as the case may be, scheme record,

c

the period within which any representations may be made.

3

A notice under subsection (1) may include details of—

a

any information the independent reviewer believes the applicant or scheme member holds and which the reviewer requests the applicant or scheme member to provide to the reviewer,

b

the period within which the information may be provided.