Disclosure (Scotland) Act 2020

24 [F1 Review of relevant police etc. information by the independent reviewer] S

(1) This section applies where—

(a) a Level 2 review application is made in relation to a Level 2 disclosure provided to an applicant,

[F2 (b) the Level 2 review application specifies, as information that the applicant wishes to be subject to the review, information relating to the applicant provided by—

(i) the chief constable in accordance with section 14, or

(ii) a chief officer in response to a request under section 14A, and]

(c) following a review under section 23 in relation to the information, the Scottish Ministers have notified the applicant that the chief constable [F3 or (as the case may be) chief officer] —

(i) still reasonably believes the information to be relevant for the purpose of the disclosure, and

(ii) is still of the opinion that the information ought to be included in the disclosure.

(2) The applicant may, within the prescribed period, request that the Scottish Ministers arrange for the independent reviewer to carry out a review of the information.

(3) On receipt of a request under subsection (2), the Scottish Ministers must arrange for the independent reviewer to carry out a review of the information.

(4) In the review the independent reviewer must decide—

(a) whether the information is relevant for the purpose of the disclosure, and

(b) whether the information ought to be included in the disclosure.

Textual Amendments

F1 S. 24 heading substituted (1.4.2025) by The Disclosure (Scotland) Act 2020 (Consequential Provisions and Modifications) Order 2025 (S.I. 2025/423), art. 2(1), Sch. 1 para. 1(6)(b)

F2 S. 24(1)(b) substituted (1.4.2025) by The Disclosure (Scotland) Act 2020 (Consequential Provisions and Modifications) Order 2025 (S.I. 2025/423), art. 2(1), Sch. 1 para. 1(6)(a)(i)

F3 Words in s. 24(1)(c) inserted (1.4.2025) by The Disclosure (Scotland) Act 2020 (Consequential Provisions and Modifications) Order 2025 (S.I. 2025/423), art. 2(1), Sch. 1 para. 1(6)(a)(ii)

Commencement Information

I1 S. 24 in force at 30.9.2024 for specified purposes by S.S.I. 2024/242, reg. 2, sch.

I2 S. 24 in force at 1.4.2025 in so far as not already in force by S.S.I. 2025/27, reg. 3(1)(2), sch.