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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

20Appeal against determination under section 18

(1)The following persons may appeal the independent reviewer’s determination under section 18(4) to the sheriff on a point of law only—

(a)the applicant or, as the case may be, the scheme member,

(b)the chief constable.

(2)An appeal under this section must be taken before the end of the period of 28 days beginning with the day on which the independent reviewer’s determination was notified under section 19.

(3)On an appeal under this section, the sheriff must—

(a)confirm the determination of the independent reviewer, or

(b)quash that determination and substitute for it the sheriff’s own determination.

(4)The decision of the sheriff on an appeal under this section is final.

(5)For the avoidance of doubt, a decision of the sheriff under subsection (4) does not preclude the persons mentioned in subsection (1) from appealing a subsequent determination of the independent reviewer under section 18(4) where it concerns the information in the original appeal.