The Disclosure (Scotland) Act 2020 (Consequential Provisions and Modifications) Order 2025

Duty to carry out section 23 review

7.—(1) The chief officer of a UK law-enforcement body must, if requested to do so by the Scottish Ministers under section 23 of the Disclosure Act, carry out a review of the information provided by the chief officer for the purpose of a disclosure.

(2) In the review the chief officer must decide—

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

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

(3) In carrying out the review, the chief officer must—

(a) by notice give the person to whom the disclosure relates an opportunity to make representations, and

(b) have regard to any representations made by that person.

(4) A notice under paragraph (3)(a) must specify the time period within which the person may make representations.

(5) The following enactments apply in relation to the chief officer making a decision under paragraph (2) as they do in relation to the chief constable of the Police Service of Scotland making a decision under section 23(4) of the Disclosure Act—

(a) section 33 of that Act;

(b) regulations under section 37 of that Act.

(6) The chief officer must notify the Scottish Ministers of—

(a) the chief officer’s decision under paragraph (2), and

(b) the chief officer’s reason for the decision.