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3.—(1) Where—
(a)an applicant has been given the opportunity to make representations in accordance with section 47(8) of the Disclosure Act, or
(b)an accredited body has been notified in accordance with sections 48(3) or 50(5) of the Disclosure Act and given the opportunity to make representations,
the applicant or, as the case may be, accredited body must make any representations within 28 days of the date on which the opportunity to do so was given.
(2) The Scottish Ministers must consider any representations received under paragraph (1).
(3) Where the Scottish Ministers receive information that a relevant individual in relation to an accredited body has died or is incapable, by reason of physical or mental impairment, of acting in relation to a disclosure request, the Scottish Ministers may take such steps as are necessary to verify that information.
(4) In paragraph (3), a “relevant individual” in relation to an accredited body is—
(a)where the accredited body is an individual employing other persons in the course of a business, the individual,
(b)where the accredited body is a body corporate or unincorporated or is a statutory office-holder—
(i)the lead signatory of the accredited body,
(ii)any countersignatory of the accredited body.
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Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
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