Disclosure (Scotland) Act 2020
2020 asp 13
Provision by Provision Commentary
Part 1: Disclosure of criminal history and other information
Level 2 disclosures: review applications
Section 20: Level 2 disclosure: application for review
46.Where a Level 2 disclosure is provided to an applicant, the applicant can, within a period to be set by regulations subject to the negative procedure, request a review of: (a) the accuracy of any information included in the disclosure, or (b) the inclusion of any reviewable information. Reviewable information is: information about a spent childhood conviction or children’s hearing outcome; information provided by the chief constable for inclusion in the disclosure; and details of a removable conviction. A removable conviction is a spent conviction that is not a childhood conviction or children’s hearing outcome, either for an offence in List A where at least 11 years have passed since the date of conviction, or for an offence in List B that is not a non-disclosable conviction (as defined in section 9.)
47.The applicant can only seek a review where Ministers were given prior notice of the applicant’s intention to apply for review, in line with the process described in section 18. The applicant must specify in the review application the information that the applicant wishes to be reviewed. This is important as there are separate provisions for each of the four possible reviews: sections 21, 22, 23 and 25. An application for review (of whatever type, including combined reviews) is known as a “Level 2 review application”.
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