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Disclosure (Scotland) Act 2020

Section 22: Review of childhood information by the independent reviewer

50.Where a Level 2 review application seeks a review of the inclusion of information about a spent childhood conviction or children’s hearing outcome, Ministers must arrange for a review by the independent reviewer of Ministers’ decision to disclose the childhood information. The independent reviewer must decide whether the childhood conviction or children’s hearing outcome is relevant for the purpose of the disclosure and whether information about it ought to be included in the disclosure. Any finding of fact on which a childhood conviction or children’s hearing outcome was based cannot be challenged in the course of a review. Section 28 makes further provision on the procedure for reviews carried out by the independent reviewer.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

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