8Disapplication of sections 6 and 7S
(1)Subsection (2) applies where a referral is made to the independent reviewer for a determination under section 18 as to whether information with respect to relevant behaviour ought to be included [F1in a Level 2 disclosure.]
(2)Sections 6 and 7(1) and (2) do not apply—
(a)for the purpose of the referral (including any appeal under section 20), and
(b)in relation to the relevant behaviour which is the subject of the referral.
(3)Subsection (4) applies where—
(a)the independent reviewer has determined, on a review under section 18, that information with respect to relevant behaviour ought to be included in [F2a Level 2 disclosure], and
(b)such information is so included.
(4)Sections 6 and 7 do not apply—
(a)in relation to the purpose [F3of the disclosure], and
(b)in relation to the relevant behaviour with respect to which information is included in the [F4Level 2 disclosure].
F5(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)Subsection (7) applies where information with respect to relevant behaviour is included in a [F6Level 2 disclosure] as mentioned in subsection (3)(b).
(7)Subject to subsections (1) and (2), the application of sections 6 and 7 is not excluded in relation to that relevant behaviour, or any circumstances ancillary to it, during the period before the [F7Level 2 disclosure] was provided.
Textual Amendments
F1Words in s. 8(1) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 7(2)(a) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.
F2Words in s. 8(3)(a) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 7(2)(b) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.
F3Words in s. 8(4)(a) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 7(2)(c)(i) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.
F4Words in s. 8(4)(b) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 7(2)(c)(ii) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.
F5S. 8(5) repealed (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 7(2)(d) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.
F6Words in s. 8(6) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 7(2)(e) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.
F7Words in s. 8(7) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 7(2)(f) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.
Commencement Information
I1S. 8 in force at 30.11.2020 by S.S.I. 2020/369, reg. 2, sch.