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PART 1Disclosure of criminal history and other information

Level 2 disclosures

18Provision of Level 2 disclosure to accredited bodies

(1)Where a Level 2 disclosure is provided to an applicant, the applicant may, within the prescribed period, either—

(a)request that the Scottish Ministers arrange for the disclosure to be made available to the accredited body that countersigned the applicant’s application, or

(b)notify the Scottish Ministers that the applicant intends to make a Level 2 review application under section 20 in relation to the disclosure.

(2)If the applicant makes a request under subsection (1)(a), the Scottish Ministers must comply with the request.

(3)Where notification has been given under subsection (1)(b), the notification is to be treated as withdrawn if, before the end of the prescribed period, the applicant makes a request under subsection (1)(a).

(4)If no request or notification is made or given under subsection (1) within the prescribed period, at the end of that period the disclosure lapses and nothing further may be done in relation to it.

(5)Subsection (4) does not prevent the applicant subsequently making another application for a Level 2 disclosure for the same purpose.

(6)Otherwise, the Scottish Ministers must not make the disclosure available to the accredited body or any other person.