Explanatory Notes

Disclosure (Scotland) Act 2020

2020 asp 13

14 July 2020

Provision by Provision Commentary

Part 1: Disclosure of criminal history and other information

General

Section 63: Guidance for chief constable

125.This section allows Ministers to issue guidance to the chief constable of the Police Service of Scotland about the chief constable’s functions under Part 1 of the Act (see section 89 for guidance with regard to the chief constable’s functions under the PVG Act). Guidance can only be issued after Ministers have consulted the chief constable. The guidance can be reviewed as necessary. Guidance must include provision for any review process under section 23 and the chief constable must have regard to the guidance when exercising any functions under Part 1 of the Act (including where any review is being carried out).