Disclosure (Scotland) Act 2020

56 Sharing of Level 2 disclosure information by accredited bodies

(1) An accredited body may countersign an application for a Level 2 disclosure under section 11—

(a) on its own behalf, or

(b) if the condition mentioned in subsection (2) is met, at the request of another person who—

(i) falls within any of paragraphs (a) to (c) of section 47(3) (but who is not an accredited body), or

(ii) is an individual who does not employ other persons in the course of business.

(2) The condition is that the person referred to in subsection (1)(b)(i) or (ii) is asking a question about the individual who is the subject of the Level 2 disclosure for the purpose of the disclosure.

(3) Where a Level 2 disclosure is made available to an accredited body by virtue of an application for a Level 2 disclosure made at the request of another person mentioned in subsection (1)(b)(i), the accredited body may disclose information contained in the Level 2 disclosure to that person if the body is satisfied that disclosure to the person would comply with the code of practice published under section 55.

(4) Where a Level 2 disclosure is made available to an accredited body by virtue of an application for a Level 2 disclosure made at the request of an individual mentioned in subsection (1)(b)(ii), the accredited body—

(a) must not disclose the information contained in the Level 2 disclosure to the individual,

(b) but may provide advice based on the information to the individual relating to the question referred to in subsection (2).

(5) The Scottish Ministers may by regulations make provision about the fees that may be charged by accredited bodies in connection with countersigning an application for a Level 2 disclosure at the request of another person mentioned in subsection (1)(b)(ii).