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(1)The Scottish Ministers must provide a Level 2 disclosure to an individual who—
(a)is 16 years of age or older, and
(b)makes an application that complies with section 12.
(2)The Scottish Ministers may provide a Level 2 disclosure to an individual who—
(a)is 12 years of age or older but under 16 years of age, and
(b)makes an application that complies with section 12,
if it appears to them from the information contained in the application that it is appropriate in the circumstances to provide the disclosure.
(3)The Scottish Ministers may refuse to provide a Level 2 disclosure to an individual under subsection (1) where they consider a person mentioned in subsection (4) has failed to comply with the code of practice published under section 55.
(4)The persons are—
(a)the accredited body countersigning the application for the disclosure,
(b)the lead signatory of the accredited body,
(c)a countersignatory of the accredited body,
(d)a person mentioned in section 56(1)(b)(i) at whose request the accredited body countersigned the application for the disclosure.
(5)A Level 2 disclosure provided under subsection (1) or (2) may relate only to the applicant.
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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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