[F1(A1)This section applies where information falling within subsection (A2) F2... 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 [F314(1) of the Disclosure (Scotland) Act 2020],
(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 [F4a Level 2 disclosure within the meaning given in section 8 of that Act].
F5(A3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
(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 [F6Level 2 disclosure],
(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.
Textual Amendments
F1S. 16(A1)-(A3) inserted (17.12.2021) by The Independent Reviewer (Modification of Functions) (Scotland) Regulations 2021 (S.S.I. 2021/476), regs. 1, 2(2)
F2Words in s. 16(A1) repealed (1.4.2025) by The Disclosure (Scotland) Act 2020 (Incidental, Supplementary and Consequential Provision) Regulations 2025 (S.S.I. 2025/74), reg. 1(1), sch. 1 para. 3(2)(a) (S.S.I. 2025/27, reg. 3, sch.)
F3Words in s. 16(A2)(a) substituted (1.4.2025) by The Disclosure (Scotland) Act 2020 (Incidental, Supplementary and Consequential Provision) Regulations 2025 (S.S.I. 2025/74), reg. 1(1), sch. 1 para. 3(2)(b)(i) (S.S.I. 2025/27, reg. 3, sch.)
F4Words in s. 16(A2)(c) substituted (1.4.2025) by virtue of The Disclosure (Scotland) Act 2020 (Incidental, Supplementary and Consequential Provision) Regulations 2025 (S.S.I. 2025/74), reg. 1(1), sch. 1 para. 3(2)(b)(ii) (S.S.I. 2025/27, reg. 3, sch.)
F5S. 16(A3) repealed (1.4.2025) by The Disclosure (Scotland) Act 2020 (Incidental, Supplementary and Consequential Provision) Regulations 2025 (S.S.I. 2025/74), reg. 1(1), sch. 1 para. 3(2)(c) (S.S.I. 2025/27, reg. 3, sch.)
F6Words in s. 16(2)(b) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 7(7) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.
Commencement Information
I1S. 16 in force at 30.11.2020 by S.S.I. 2020/369, reg. 2, sch.