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Disclosure (Scotland) Act 2020

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    Provision by Provision Commentary

    Part 1: Disclosure of criminal history and other information

    Common provisions relating to Level 1 and Level 2 disclosures

    Section 39: Childhood information: power to modify other enactments

    81.Ministers can make regulations by the affirmative procedure to modify any other disclosure enactment (except the Act, when enacted) to ensure that childhood convictions, children’s hearing outcomes or other criminal disposals incurred in childhood are not required or allowed to be disclosed by another person unless that information has been disclosed on a Level 1 or Level 2 disclosure provided under the Act. This is to ensure that the rules in the Act which reduce the disclosure of childhood information are not undermined by any other disclosure enactment that provides for the release of such information.

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