Disclosure (Scotland) Act 2020

60 Form and manner of applications and notices

(1) The Scottish Ministers must determine the form and manner in which—

(a) any application under this Part is to be made,

(b) any notice or notification under this Part is to be given.

(2) A determination under subsection (1) may in particular make provision for—

(a) an application to be made (and signed or countersigned), or

(b) a notice or notification to be given,

by using electronic communications.

(3) A determination under subsection (1) must allow an application to be made in the form of a printed or written document if the applicant so chooses.

(4) Subsection (3) does not apply to a determination relating to an application for a Level 1 disclosure made under section 2 by an accredited body on behalf of an individual.

(5) A determination under subsection (1) relating to an application for a Level 1 disclosure made under section 2 by an accredited body on behalf of an individual may include provision about the form and manner in which the individual’s consent to the application is to be given and evidenced for the purposes of subsection (2) of that section.

(6) The Scottish Ministers may make different determinations under this section for—

(a) different applications, notices or notifications, or

(b) other different purposes.

(7) The Scottish Ministers must arrange for their determinations under this section to be published in such manner as they see fit.

(8) The Scottish Ministers need not consider any application under this Part that is not made in the form and manner determined by them under this section.

(9) In this section, “application” includes request and any statement or other document that is to accompany an application.