3Applications by accredited bodies on behalf of individuals
(1)An accredited body may make an application under section 2 on behalf of an individual.
(2)An application by an accredited body on behalf of an individual may be made only with the consent of the individual.
(3)The Scottish Ministers must not consider any such application that does not comply with subsection (2).
(4)Where an application under section 2 is made by an accredited body on behalf of an individual, the individual is to be treated for the purposes of this Part as the applicant and, accordingly, any Level 1 disclosure provided as a result of the application is to be provided to the individual.
(5)Subsection (4) is subject to section 4.
(6)The Scottish Ministers may refuse to provide a Level 1 disclosure to an individual under section 2(1) where—
(a)the application for the disclosure is made on behalf of the individual by an accredited body, and
(b)the Scottish Ministers consider that the accredited body or its lead signatory or countersignatory has failed to comply with the code of practice published under section 55.