Disclosure (Scotland) Act 2020

23 [F1 Review of relevant police etc. information by the provider] S

(1) This section applies where—

(a) a Level 2 review application is made in relation to a Level 2 disclosure provided to an applicant, and

[F2 (b) the Level 2 review application specifies, as information that the applicant wishes to be subject to the review, information relating to the applicant provided by—

(i) the chief constable in accordance with section 14, or

(ii) a chief officer in response to a request under section 14A.]

(2) A review under this section may not consider any information contained in a Level 2 disclosure which was or could have been the subject of a review under section 18 of the Age of Criminal Responsibility (Scotland) Act 2019.

[F3 (3) The Scottish Ministers must arrange for a review of the information to be carried out in accordance with—

(a) subsections (4) to (7) if the information was provided by the chief constable, or

(b) article 7 of the 2025 Order if the information was provided by a chief officer.]

(4) In the review the chief constable must decide—

(a) whether the chief constable still reasonably believes the information to be relevant for the purpose of the disclosure, and

(b) whether the chief constable is still of the opinion that the information ought to be included in the disclosure.

(5) In carrying out a review under this section, the chief constable must—

(a) by notice give the applicant an opportunity to make representations, and

(b) have regard to any representations made by the applicant.

(6) A notice under subsection (5)(a) must specify the time period within which the applicant may make representations.

(7) The chief constable must notify the Scottish Ministers of—

(a) the chief constable's decision under subsection (4), and

(b) the chief constable's reasons for the decision.

[F4 (7A) Having been notified of a decision in accordance with—

(a) subsection (7), or

(b) article 7(6) of the 2025 Order,

the Scottish Ministers must give the applicant notice of the matters mentioned in subsection (8).]

(8) [F5 The matters referred to in subsection (7A) are] —

[F6 (a) the decision of the relevant official (which is to say, the chief constable or, as the case may be, the chief officer),]

(b) the [F7 relevant official’s] reasons for the decision, and

(c) if the [F8 relevant official] notifies the Scottish Ministers that the [F8 relevant official]—

(i) still reasonably believes the information to be relevant for the purpose of the disclosure, and

(ii) is still of the opinion that the information ought to be included in the disclosure,

the right to request a review by the independent reviewer under section 24 in relation to the information.

Textual Amendments

F1 S. 23 heading substituted (1.4.2025) by The Disclosure (Scotland) Act 2020 (Consequential Provisions and Modifications) Order 2025 (S.I. 2025/423), art. 2(1), Sch. 1 para. 1(5)(e)

F2 S. 23(1)(b) substituted (1.4.2025) by The Disclosure (Scotland) Act 2020 (Consequential Provisions and Modifications) Order 2025 (S.I. 2025/423), art. 2(1), Sch. 1 para. 1(5)(a)

F3 S. 23(3) substituted (1.4.2025) by The Disclosure (Scotland) Act 2020 (Consequential Provisions and Modifications) Order 2025 (S.I. 2025/423), art. 2(1), Sch. 1 para. 1(5)(b)

F4 S. 23(7A) inserted (1.4.2025) by The Disclosure (Scotland) Act 2020 (Consequential Provisions and Modifications) Order 2025 (S.I. 2025/423), art. 2(1), Sch. 1 para. 1(5)(c)

F5 Words in s. 23(8) substituted (1.4.2025) by The Disclosure (Scotland) Act 2020 (Consequential Provisions and Modifications) Order 2025 (S.I. 2025/423), art. 2(1), Sch. 1 para. 1(5)(d)(i)

F6 S. 23(8)(a) substituted (1.4.2025) by The Disclosure (Scotland) Act 2020 (Consequential Provisions and Modifications) Order 2025 (S.I. 2025/423), art. 2(1), Sch. 1 para. 1(5)(d)(ii)

F7 Words in s. 23(8)(b) substituted (1.4.2025) by The Disclosure (Scotland) Act 2020 (Consequential Provisions and Modifications) Order 2025 (S.I. 2025/423), art. 2(1), Sch. 1 para. 1(5)(d)(iii)

F8 Words in s. 23(8)(c) substituted (1.4.2025) by The Disclosure (Scotland) Act 2020 (Consequential Provisions and Modifications) Order 2025 (S.I. 2025/423), art. 2(1), Sch. 1 para. 1(5)(d)(iv)

Commencement Information

I1 S. 23 in force at 1.4.2025 by S.S.I. 2025/27, reg. 3(1)(2), sch.