Explanatory Notes

Disclosure (Scotland) Act 2020

2020 asp 13

14 July 2020

Provision by Provision Commentary

Part 1: Disclosure of criminal history and other information

Level 1 disclosures: review applications

Section 6: Review of accuracy of information by the Scottish Ministers

19.This section makes similar provision to the corrections process provided for under section 117 of the 1997 Act. Where a Level 1 review application seeks a review of the accuracy of any information in the disclosure, Ministers must carry out the review and must decide whether the information in question is accurate. They must notify the applicant of their decision.

20.There is no provision for a further review by the independent reviewer on the grounds of inaccuracy. This is because an accuracy review under section 6 is administrative in nature to enable the correction of the content of the disclosure, for example an error in the applicant’s name, date of birth, address, or if the applicant has provided evidence to rebut the age presumption (see section 40).