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
F120ARemoval of information from scheme record following review or appeal
(1)
This section applies where, in the case of a scheme member—
(a)
information that is the subject of a review under section 18 is also contained in the scheme member's scheme record in relation to a type of regulated role to which the purpose of the disclosure referred to in section 18(1)(a) relates, and
(b)
subsection (2) or (3) applies in relation to the review.
(2)
This subsection applies if the independent reviewer determines under section 18(4)(a) that the information ought not to be included in the disclosure and—
(a)
no appeal under section 20 is taken, or
(b)
such an appeal having been taken, the sheriff confirms the determination under section 20(3)(a).
(3)
This subsection applies if the sheriff, on an appeal under section 20, determines under subsection (3)(b) of that section that the information ought not to be included in the disclosure.
(4)
The Scottish Ministers must remove the information from the scheme member's scheme record so far as relating to the type of regulated role mentioned in subsection (1)(a).
(5)
The information is to be treated for the purposes of the 2007 Act as not being vetting information.