Disclosure (Scotland) Act 2020

Evidence of identity

57 Evidence of identity

(1) A person making an application under this Part must provide the Scottish Ministers with such evidence of identity as they may require in respect of the application.

(2) The evidence of identity that may be required under subsection (1) includes evidence of the identity of—

(a) the applicant,

(b) where an application is made on behalf of an individual, that individual,

(c) where an application is made—

(i) for registration of an accredited body in the register of accredited bodies, or

(ii) nominating a lead signatory or countersignatories of an accredited body,

the nominated lead signatory and countersignatories of the body.

(3) The Scottish Ministers need not consider such an application if—

(a) the applicant fails to comply with a requirement under this section, or

(b) the evidence provided does not satisfy them as to the identity of the person in respect of whom it is required.

58 Power to use personal data to check identity

(1) The Scottish Ministers may use information provided to them by personal data holders to check evidence of identity given to them for the purposes of section 57.

(2) Personal data holders are–

(a) the Registrar General of Births, Deaths and Marriages for Scotland,

(b) a Minister of the Crown in connection with—

(i) passports,

(ii) the keeping of records relating to immigration or visas,

(iii) the keeping of records of national insurance numbers,

(iv) the keeping of records relating to drivers and motor vehicles,

(c) the Department for Infrastructure in Northern Ireland in connection with the keeping of records relating to drivers and motor vehicles,

(d) such other persons holding data about individuals as may be prescribed.

(3) The Registrar General of Births, Deaths and Marriages for Scotland must comply, as soon as practicable after receiving it, with any request by the Scottish Ministers to provide them with information which—

(a) the Registrar General holds in connection with the keeping of records of births, marriages, deaths and adoptions, and

(b) is relevant to the Scottish Ministers’ functions under this Part.

59 Power to use fingerprints to check identity

(1) The Scottish Ministers may require an individual in respect of whom evidence of identity may be required under section 57 to have fingerprints taken in such manner, by such person and at such place, as may be prescribed for the purposes of enabling or assisting the Scottish Ministers to satisfy themselves as to the identity of the individual.

(2) But the Scottish Ministers may require an individual to have fingerprints taken under subsection (1) only if they are not satisfied by other evidence provided under section 57(1) as to the individual’s identity.

(3) Where the Scottish Ministers require an individual to have fingerprints taken under subsection (1) in connection with an application under this Part but the individual refuses to comply with that requirement, the Scottish Ministers need not consider the application.

(4) The Scottish Ministers must arrange for the destruction of any such fingerprints as soon as reasonably practicable after they have been used for the purposes mentioned in subsection (1).

(5) Any person who holds in Scotland records of fingerprints for the use of police forces generally must make those records available to the Scottish Ministers for the purposes of this section.

(6) This section does not affect the generality of section 57 in relation to any other type of evidence of identity.