Disclosure (Scotland) Act 2020 (asp 13)

PART 1 S Disclosure of criminal history and other information

Prospective

Common provisions relating to Level 1 and Level 2 disclosures S

39 Childhood information: power to modify other enactments S

(1) The Scottish Ministers may by regulations modify any disclosure enactment for the purpose of ensuring that relevant childhood information of an individual is not required or allowed to be disclosed to another person unless the information has been disclosed to another person in a Level 1 disclosure or a Level 2 disclosure under this Act.

(2) In subsection (1), “disclosure enactment” means any enactment other than this Act so far as—

(a) requiring or allowing the disclosure of relevant childhood information of individuals to other persons for any purpose, or

(b) otherwise regulating the disclosure of such information.

(3) For the purposes of this section, “relevant childhood information” is, in relation to an individual—

(a) information about a children's hearing outcome of the individual, and

(b) information about—

(i) a conviction,

(ii) a caution,

(iii) an alternative to prosecution (within the meaning of the Rehabilitation of Offenders Act 1974),

for an offence committed when the individual was under 18 years of age.