is 16 years of age or older, and

makes an application.

is 12 years of age or older but under 16 years of age, and

makes an application,

the application for the disclosure is made on behalf of the individual by an accredited body, and

the Scottish Ministers consider that the accredited body or its lead signatory or countersignatory has failed to comply with the code of practice published under section 55.

request that the Scottish Ministers arrange for the disclosure to be made available by electronic communications to such other person or persons as the applicant may specify, or

notify the Scottish Ministers that the applicant intends to make a Level 1 review application under section 5 in relation to the disclosure.

a Level 1 review application is made in relation to a Level 1 disclosure provided to an applicant, and

the Scottish Ministers have made a decision under section 6(3) in relation to the application.

containing the prescribed details of every criminal disposal incurred by the individual that is recorded in central records or, if there are no such disposals, stating that fact,

containing information about any spent childhood convictions and children’s hearing outcomes of the individual that is to be included under section 13 or, if there is no such information, stating that fact,

containing any information relating to the individual provided by the chief constable in accordance with section 14 or, if no such information has been provided, stating that fact,

containing information relating to the individual provided by the chief officer of a relevant overseas police force that may be included in the disclosure in accordance with section 15 or, if no such information has been provided, stating that fact,

if the individual is subject to the notification requirements of Part 2 of the Sexual Offences Act 2003, stating that fact,

if section 16 applies, containing any further information under that section relating to the individual, and

if section 17 applies, containing any further information under that section relating to the individual.

the details or information were excluded from another Level 2 disclosure under section 31(4) following a Level 2 review application in respect of that other Level 2 disclosure, and

it appears to the Scottish Ministers that the purpose of the disclosure is the same as the purpose of that other Level 2 disclosure.

does not include a non-disclosable conviction.

it is a spent conviction, and

the disposal in respect of the conviction was an admonition or an absolute discharge,

the conviction is a childhood conviction and at least 5 years and 6 months have passed since the date of the conviction,

the conviction is not a childhood conviction and at least 11 years have passed since the date of the conviction.

the offence which led to the children’s hearing outcome is not a List A offence or a List B offence, or

the offence which led to the children’s hearing outcome is a List B offence and either of the conditions in subsection (2) is satisfied.

at least 5 years and 6 months have passed since the date of the children’s hearing outcome.

is 16 years of age or older, and

makes an application that complies with section 12.

is 12 years of age or older but under 16 years of age, and

makes an application that complies with section 12,

the accredited body countersigning the application for the disclosure,

the lead signatory of the accredited body,

a countersignatory of the accredited body,

a person mentioned in section 56(1)(b)(i) at whose request the accredited body countersigned the application for the disclosure.

be countersigned by an accredited body, and

include a statement by the accredited body of the purpose for which the disclosure is required.

ascertain whether there is any spent childhood conviction of the applicant that is recorded in central records and that is not a non-disclosable conviction,

ascertain whether there is any children’s hearing outcome of the applicant that is recorded in central records and that is not a non-disclosable children’s hearing outcome, and

the right to make a Level 2 review application under section 20 for a review of the inclusion of the information.

the chief constable reasonably believes to be relevant for the purpose of the disclosure, and

in the chief constable’s opinion ought to be included in the disclosure.

the sheriff, on an appeal under section 20 of that Act, determines under subsection (3)(b) of that section that the information ought to be included in the Level 2 disclosure.

whether the information is relevant for the purpose of the disclosure, and

whether the information ought to be included in the disclosure.

is relevant for the purpose of the disclosure, and

ought to be included in the disclosure.

the provision of information to the independent reviewer for the purpose of a review (including the conferral of powers on the independent reviewer to require the provision of information),

giving the applicant an opportunity to make representations,

notification of the independent reviewer’s decision in a review,

an appeal to a sheriff on a point of law against the independent reviewer’s decision,

what constitutes the final outcome of proceedings for the purposes of subsection (4).

the individual applying for a Level 2 disclosure does not participate in the PVG Scheme, and

the purpose of the disclosure is a prescribed purpose.

purposes relating to children, and

purposes relating to adults.

the individual applying for a Level 2 disclosure participates in the PVG Scheme, and

the purpose of the disclosure is to enable or assist a person (or any other person for whom the person acts) to consider the applicant’s suitability to carry out, or to be offered or supplied for, a type of regulated role.

a statement confirming that the applicant participates in the PVG Scheme in relation to the type of regulated role to which the purpose of the disclosure relates,

a statement of whether the Scottish Ministers are considering whether to list the applicant in the relevant list,

if the Scottish Ministers are considering whether to list the applicant in the relevant list, details of any conditions that the Scottish Ministers have imposed under section 13A(1) of the PVG Act or, if no such conditions have been imposed, a statement of that fact, and

the prescribed details of every prescribed civil court order in effect in respect of the applicant or a statement that no such order is in effect.

an individual applying for a Level 2 disclosure participates in the PVG Scheme in relation to both types of regulated role, and

the purpose of the disclosure relates to only one of the types of regulated role.

where the type of regulated role to which the purpose of the disclosure relates is a regulated role with children, the children’s list,

where the type of regulated role to which the purpose of the disclosure relates is a regulated role with adults, the adults’ list.

request that the Scottish Ministers arrange for the disclosure to be made available to the accredited body that countersigned the applicant’s application, or

notify the Scottish Ministers that the applicant intends to make a Level 2 review application under section 20 in relation to the disclosure.

the purpose for which the disclosure is required, and

that it is required in the course of considering the applicant’s suitability for an appointment by or under the Crown.

a Minister of the Crown,

a member of the Scottish Government,

any other office-holder in the Scottish Administration,

a nominee of any person mentioned in paragraphs (a) to (c).

the accredited body that countersigned an application for a Level 2 disclosure, or

the accredited body to whom a Level 2 disclosure is made available,

a review of the accuracy of any of the information contained in the disclosure,

if the disclosure includes reviewable information, a review of the inclusion of any of the reviewable information.

information included under section 13 about a spent childhood conviction or children’s hearing outcome of the applicant,

information relating to the applicant provided by the chief constable in accordance with section 14,

details of a removable conviction of the applicant.

a spent conviction for a List A offence and at least 11 years have passed since the date of conviction,

a spent conviction for a List B offence that is not a non-disclosable conviction.

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

the Level 2 review application seeks a review of the accuracy of any of the information contained in the Level 2 disclosure.

section 22, 23 or 25, or

section 18 of the Age of Criminal Responsibility (Scotland) Act 2019.

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

the Level 2 review application specifies information included in the disclosure under section 13 about a spent childhood conviction or children’s hearing outcome of the applicant as information that the applicant wishes to be subject to the review.

whether the childhood conviction or children’s hearing outcome is relevant for the purpose of the disclosure, and

whether information about the conviction or outcome ought to be included in the disclosure.

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

the Level 2 review application specifies information relating to the applicant provided by the chief constable in accordance with section 14 as information that the applicant wishes to be subject to the review.

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

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

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

have regard to any representations made by the applicant.

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

the chief constable’s reasons for the decision.

the chief constable’s decision,

the chief constable’s reasons for the decision, and

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

the Level 2 review application specifies information relating to the applicant provided by the chief constable in accordance with section 14 as information that the applicant wishes to be subject to the review, and

whether the information is relevant for the purpose of the disclosure, and

whether the information ought to be included in the disclosure.

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

the Level 2 review application specifies details of a removable conviction included in the disclosure as information that the applicant wishes to be subject to the review.

whether the removable conviction is relevant for the purpose of the disclosure, and

whether details of the removable conviction ought to be included in the disclosure.

any representations received by virtue of subsection (4), and

where they, by notice under section 65(2), require any person to provide them with information for the purpose of carrying out the review, any information received by virtue of the notice.

their decision under subsection (3), and

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

the Level 2 review application specifies details of a removable conviction included in the disclosure as information that the applicant wishes to be subject to the review, and

whether the removable conviction is relevant for the purpose of the disclosure, and

whether details of the removable conviction ought to be included in the disclosure.

section 22,

section 24,

section 26.

a review is to be carried out by the independent reviewer under section 22, and

the outcome of the earlier review or reviews has been notified to the applicant, and

the relevant period has expired.

section 24(2),

section 26(2).

must by notice give the applicant an opportunity to make representations, and

the applicant,

the Scottish Ministers,

the chief constable,

the Scottish Courts and Tribunals Service,

any other person the independent reviewer considers appropriate.

that the childhood conviction or children’s hearing outcome is relevant for the purpose of the disclosure, and

that information about the conviction or outcome of the applicant ought to be included in the disclosure.

the independent reviewer’s decision, and

the independent reviewer’s reasons for it.

the applicant,

the Scottish Ministers, and

where the review included a review under section 24 of information relating to the applicant provided by the chief constable in accordance with section 14, the chief constable.

where the review included a review under section 22, the independent reviewer’s decision under subsection (3) of that section,

where the review included a review under section 24, the independent reviewer’s decision under subsection (4) of that section,

where the review included a review under section 26, the independent reviewer’s decision under subsection (4) of that section.

the applicant, or

where the review included a review under section 24 of information relating to the applicant provided by the chief constable in accordance with section 14, the chief constable.

to a sheriff, and

on a point of law only.

the applicant notifies the Scottish Ministers that the applicant does not intend to take an appeal under this section, the applicant loses the right to take an appeal on the date on which the notification is given,

the chief constable notifies the Scottish Ministers that the chief constable does not intend to take an appeal under this section, the chief constable loses the right to take an appeal on the date on which the notification is given.

confirm the independent reviewer’s decision, or

quash the decision and substitute for it the sheriff’s own decision.

more than one decision, or

information about two or more convictions.

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

proceedings on the application have finally concluded.

is not relevant for the purpose of the disclosure, and

ought not to be included in the disclosure,

is relevant for the purposes of the disclosure, and

ought to be included in the disclosure,

the review application in relation to the subsequent Level 2 disclosure is made after the end of such period beginning with the final outcome of proceedings as the Scottish Ministers may by regulations specify, or

the Scottish Ministers are satisfied that the applicant’s circumstances have changed in a material respect since the final outcome of proceedings.

if a review of the accuracy of any information contained in the Level 2 disclosure is carried out by the Scottish Ministers, the date of the Scottish Ministers’ decision under section 21(3),

if no review is carried out by the independent reviewer in relation to any of the reviewable information that is the subject of the Level 2 review application, the expiry of the period within which the applicant could have requested that the Scottish Ministers arrange for the independent reviewer to review the inclusion of the reviewable information (see sections 24(2) and 26(2)),

in any other case, the date on which the applicant notifies the Scottish Ministers under subsection (5) of 30 that the applicant does not intend to take an appeal under subsection (1) of that section.

where subsection (7)(a) applies in relation to the information, the Scottish Ministers’ decision,

where subsection (7)(b) applies in relation to the proceedings, the decision of the Scottish Ministers or the chief constable as the case may be,

where subsection (7)(c) applies in relation to the information, the independent reviewer’s decision as notified under section 29,

where subsection (7)(d) applies in relation to the information, the sheriff’s decision.

a new Level 2 disclosure is provided to an applicant under subsection (2),

information is excluded from the new Level 2 disclosure by virtue of subsection (4),

the applicant participates in the PVG Scheme, and

the information that is excluded from the new Level 2 disclosure is also contained in the applicant’s scheme record in relation to a type of regulated role to which the purpose of the new Level 2 disclosure relates.

for the purpose of the review and, in the case of a review by the independent reviewer, any appeal under section 30 against the independent reviewer’s decision in the review,

in relation to the conviction or outcome that is the subject of the review.

a review as mentioned in subsection (1) is carried out by the independent reviewer or, as the case may be, the Scottish Ministers,

information about or, as the case may be, details of the conviction or outcome is or are included in a new Level 2 disclosure provided to the applicant by virtue of section 31(2).

in relation to the purpose of the Level 2 disclosure, and

in relation to the spent childhood conviction, children’s hearing outcome or removable conviction information about or, as the case may be, details of which is or are included in the disclosure.

details of a removable conviction of an applicant,

whether a conviction, children’s hearing outcome or other information is relevant for the purpose of a Level 2 disclosure to be provided to an individual, and

whether information about, or details of, the conviction or outcome or the other information (as the case may be) ought to be included in the disclosure.

the nature and seriousness of the conviction, outcome or other information,

the circumstances giving rise to the conviction, outcome or other information,

in the case of a conviction, the level of any sentence imposed in respect of the conviction,

the time that has elapsed since the behaviour giving rise to the conviction, outcome or other information occurred,

the age of the individual at the time when the behaviour giving rise to the conviction, outcome or other information occurred,

any previous or subsequent offences committed by the individual,

in the case of other information, the reliability of the information.

the nature and seriousness of the conviction, outcome or other information,

the circumstances giving rise to the conviction, outcome or other information,

in the case of a conviction, the level of any sentence imposed in respect of the conviction,

the time that has elapsed since the behaviour giving rise to the conviction, outcome or other information occurred,

the age of the individual at the time when the behaviour giving rise to the conviction, outcome or other information occurred,

any particular events or circumstances in the individual’s life at the time when the behaviour giving rise to the conviction, outcome or other information occurred which the person considers to be relevant to the behaviour,

any previous or subsequent offences committed by the individual,

in the case of other information, the reliability of the information,

in the case of other information, whether the individual has had an opportunity to challenge the information or make representations about the circumstances which gave rise to it,

the impact on the individual of including information about, or details of, the conviction or outcome or the other information in the disclosure.

provided or to be provided in accordance with section 14,

provided in accordance with section 15.

a Level 1 disclosure,

a Level 2 disclosure where neither section 16 nor section 17 applies,

a Level 2 disclosure where section 16 applies,

a Level 2 disclosure where section 17 applies.

the time period within which any statement of reasons is to be provided for the purposes of the review,

the time period within which the applicant may make representations for the purposes of the review,

the time period within which a person required to provide information for the purposes of the review is to do so,

the time period within which any notice or notification required in connection with the review is to be given.

section 1 (which defines “Level 1 disclosure”),

section 8 (which defines “Level 2 disclosure”),

requiring or allowing the disclosure of relevant childhood information of individuals to other persons for any purpose, or

otherwise regulating the disclosure of such information.

information about a children’s hearing outcome of the individual, and

makes a document that purports to be a Level 1 disclosure or a Level 2 disclosure,

alters a Level 1 disclosure or Level 2 disclosure,

uses, or allows another person to use, a Level 1 disclosure or Level 2 disclosure in a way that suggests that it relates to an individual other than the one who is the subject of the Level 1 disclosure or Level 2 disclosure.

to any of the accredited body’s employees,

where the accredited body is not an individual, to any member or officer of the accredited body,

to any other employee, member or officer of the accredited body, or

as mentioned in subsection (1)(c).

to any of the third person’s employees,

where the third person is not an individual, to any of the third person’s members or officers.

made in the course of the person’s functions,

for a purpose that is the same as the purpose of the Level 2 disclosure, and

in the case of disclosure as mentioned in subsection (1)(c), permitted by section 56(3) or (4).

by the individual who is the subject of the Level 2 disclosure,

by any other person with the consent of the individual who is the subject of the Level 2 disclosure,

to an office-holder in the Scottish Administration or a government department,

to a statutory office-holder,

in accordance with any obligation to provide information imposed by virtue of any enactment,

for any other prescribed purpose.

by the individual who is the subject of the Level 2 disclosure,

by any other person with the consent of the individual who is the subject of the Level 2 disclosure,

by an office-holder in the Scottish Administration or a government department,

by a statutory office-holder,

in accordance with any obligation to provide information imposed by virtue of any enactment,

in any other prescribed circumstances.

an “accredited body” is a person who is registered in the register of accredited bodies, and

references to “registration” are to registration in the register of accredited bodies.

the making of applications for Level 1 disclosures under section 2 on behalf of an individual,

the countersigning of applications for Level 2 disclosures under section 11, or

where the person seeks registration of the type mentioned in subsection (1)(a), satisfies the conditions mentioned in subsections (3) and (4),

where the person seeks registration of the type mentioned in subsection (1)(b) or (c), satisfies the conditions mentioned in subsections (3) to (5).

a body corporate or unincorporated,

a statutory office-holder, or

an individual who is 18 years of age or older and employs other persons in the course of a business.

where the applicant is an individual employing other persons in the course of a business, the individual,

is 16 or 17 years of age,

employs other persons in the course of a business, and

in relation to registration of the type mentioned in subsection (1)(a), making an application for a Level 1 disclosure under section 2 on behalf of an individual,

in relation to registration of the type mentioned in subsection (1)(b), countersigning an application for a Level 2 disclosure under section 11,

notify the persons mentioned in subsection (4) that they are considering whether to remove the accredited body from the register of accredited bodies, and

give those persons an opportunity to make representations.

where the accredited body is an individual employing other persons in the course of a business, the accredited body,

where the accredited body is an individual employing other persons in the course of a business, the individual,

such details as may be prescribed under section 8(1)(a) of every criminal disposal incurred by the individual that is recorded in central records,

whether the Scottish Ministers are considering whether to list the individual in the children’s list or the adults’ list,

any information provided to them under subsection (2),

any representations made by the applicant or the accredited body concerned,

any other information held by the Scottish Ministers.

is available to the chief officer,

the refusal of an application for registration,

removal from the register of accredited bodies (of an accredited body or all of the prescribed details of a lead signatory or countersignatory from the entry for an accredited body in the register of accredited bodies), and

refusal of nomination as lead signatory or countersignatory,

references to the chief officer of a police force include the person responsible for the direction of a body mentioned in paragraph (a),

the accredited body is no longer likely to be acting in relation to a disclosure request,

the accredited body has breached any condition of the body’s registration that is imposed on the body by virtue of section 54 or under section 55(7),

the accredited body, its lead signatory or countersignatory or a disclosure information recipient has failed to comply with the code of practice published under section 55.

the making of applications for Level 1 disclosures under section 2 on behalf of an individual,

the countersigning of applications for Level 2 disclosures under section 11.

give the accredited body an opportunity to make representations.

the applicant must in the application nominate a lead signatory, and

where the applicant is seeking registration of the type mentioned in section 47(1)(b) or (c), the applicant may in the application nominate one or more countersignatories.

a lead signatory in substitution for an individual previously nominated as lead signatory,

where the accredited body has registration of the type mentioned in section 47(1)(b) or (c), a countersignatory (whether in addition to, or in substitution for, an individual previously nominated as a countersignatory).

employs other persons in the course of a business, and

is seeking registration of the type mentioned in section 47(1)(b) or (c),

is an individual who employs other persons in the course of a business, and

has registration of the type mentioned in section 47(1)(b) or (c),

the body’s lead signatory,

any countersignatory of the body.

the individual is 18 years of age or older, and

the lead signatory or countersignatory is not a suitable person to have access to disclosure information, or

the lead signatory or countersignatory has failed to comply with the code of practice published under section 55.

the matters mentioned in section 49(1) (but subsection (2)(b) of that section applies for the purposes of this section as if it referred only to the provision of information relating to the individual who is (or is nominated as) the lead signatory or a countersignatory of the accredited body concerned), and

any representations made by the individual who is (or is nominated as) the lead signatory or a countersignatory of the accredited body concerned.

give the individual an opportunity to make representations.

give the lead signatory or countersignatory an opportunity to make representations.

under subsection (2) to refuse the nomination of an individual as the lead signatory of the accredited body, or

under subsection (3)(a) to remove the prescribed details of the lead signatory from the entry for the accredited body in the register of accredited bodies,

the references to an accredited body include references to a person applying for registration in the register of accredited bodies, and

the references to an accredited body having registration of a type mentioned in section 47(1) include references to a person applying for registration of that type in the register of accredited bodies.

refuse an application for registration in the register of accredited bodies,

remove an accredited body from the register of accredited bodies,

refuse to accept the nomination of an individual as lead signatory or countersignatory of an accredited body,

remove all of the prescribed details of a lead signatory or countersignatory of an accredited body from the entry for the accredited body in the register of accredited bodies.

removing the accredited body from the register in relation only to the making of applications for Level 1 disclosures under section 2 on behalf of an individual,

removing the accredited body from the register in relation only to the countersigning of applications for Level 2 disclosures under section 11.

in the case of refusal of an application for registration, the applicant,

in the case of removal of an accredited body from the register, the accredited body,

in the case of refusal to accept the nomination of an individual as the lead signatory or a countersignatory of an accredited body, the individual,

in the case of removal of all of the prescribed details of a lead signatory or countersignatory of an accredited body from the entry for the accredited body in the register of accredited bodies, the lead signatory or (as the case may be) countersignatory.

refuse to accept the nomination of an individual as the lead signatory or a countersignatory of an accredited body, or

remove all of the prescribed details of the lead signatory or a countersignatory of an accredited body from the entry for the accredited body in the register of accredited bodies,

the information to be included in an application for registration,

the information to be included in the register,

the registration of any accredited body being subject to conditions,

the process for refusing registration or removing an accredited body from the register,

the nomination of a lead signatory or countersignatory and acceptance or refusal by the Scottish Ministers of such a nomination,

the removal of all of the prescribed details of a lead signatory or countersignatory of an accredited body from the entry for the accredited body in the register,

the suspension of the registration of an accredited body,

the period which must elapse before any person refused registration, or removed from the register, may apply again for registration.

for the registration or continued registration of any accredited body to be subject to such conditions as may be specified in the regulations or, if the regulations so provide, such conditions as the Scottish Ministers consider appropriate, and

for the Scottish Ministers to vary or revoke those conditions.

the use of disclosure information provided to, or

the exercise of any function by,

an accredited body,

the lead signatory of an accredited body,

a countersignatory of an accredited body,

a disclosure information recipient.

on its own behalf, or

must not disclose the information contained in the Level 2 disclosure to the individual,

but may provide advice based on the information to the individual relating to the question referred to in subsection (2).

the applicant,

where an application is made on behalf of an individual, that individual,

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

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

the Registrar General of Births, Deaths and Marriages for Scotland,

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

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

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

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

any application under this Part is to be made,

any notice or notification under this Part is to be given.

an application to be made (and signed or countersigned), or

a notice or notification to be given,

different applications, notices or notifications, or

other different purposes.

an application for a Level 1 disclosure,

an application for a Level 2 disclosure,

an application for registration in the register of accredited bodies and registration in the register,

an application nominating the lead signatory or a countersignatory of an accredited body,

the notification of any changes relating to the prescribed details of an accredited body’s lead signatory or countersignatory,

the provision of any documentation confirming the authenticity of a certificate provided in response to an application for a Level 1 disclosure,

a Level 1 review application,

a Level 2 review application,

verifying the identity of an applicant of a disclosure request.

different fees in different circumstances,

reduction, waiver or refund of fees,

the manner in which fees are to be paid.

such annual or other recurring fees to be paid in advance or in arrears.

the name, address and date of birth of any individual,

any other information that would enable or assist constables of the Police Service of Scotland to satisfy themselves as to the identity of an individual.

the performance of the chief constable’s functions under this Part, or

the law enforcement purposes within the meaning of section 31 of the Data Protection Act 2018.

believe the person holds, and

consider is necessary to carry out their functions under this Part.

an individual applying for a Level 1 or a Level 2 disclosure,

the chief constable,

the Principal Reporter,

the Scottish Courts and Tribunals Service,

a local authority,

any other person the Scottish Ministers consider appropriate.

relating to the making of regulations,

relating to the publishing or revising of a code of practice under section 55,

relating to the laying of such a code of practice before the Scottish Parliament,

relating to the making of a determination under section 34(1) or 60(1),

relating to the determination of a fee under section 62,

relating to the issuing and revising of guidance under section 63.