Disclosure (Scotland) Act 2020 (asp 13)

PART 1 S Disclosure of criminal history and other information

Prospective

Level 2 disclosures: review applications S

26 Review of inclusion of removable convictions 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,

(b) the Level 2 review application specifies details of a removable conviction included in the disclosure as information that the applicant wishes to be subject to the review, and

(c) following a review under section 25 in relation to the removable conviction, the Scottish Ministers have notified the applicant that they have decided that—

(i) the removable conviction is relevant for the purpose of the disclosure, and

(ii) details of it 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 inclusion of the removable conviction.

(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 inclusion of the removable conviction.

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

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

(b) whether details of the removable conviction ought to be included in the disclosure.

(5) No finding of fact on which a conviction is based may be challenged in a review under this section.