Disclosure (Scotland) Act 2020 (asp 13)

PART 1 S Disclosure of criminal history and other information

Valid from 30/09/2024

Offences relating to Level 1 and Level 2 disclosures S

Valid from 01/04/2025

42 Unlawful disclosure of a Level 2 disclosure S

(1) A person to whom a Level 2 disclosure is made available or disclosed under this Part commits an offence if the person discloses it unlawfully to another person.

(2) A Level 2 disclosure is disclosed lawfully only so far as the disclosure is permitted by section 43; otherwise it is disclosed unlawfully.

(3) A person to whom a Level 2 disclosure is disclosed unlawfully commits an offence if the person discloses the Level 2 disclosure to another person.

(4) A person who commits an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).