PART 1Disclosure of criminal history and other information
Level 1 disclosures
3Applications by accredited bodies on behalf of individuals
1
An accredited body may make an application under section 2 on behalf of an individual.
2
An application by an accredited body on behalf of an individual may be made only with the consent of the individual.
3
The Scottish Ministers must not consider any such application that does not comply with subsection (2).
4
Where an application under section 2 is made by an accredited body on behalf of an individual, the individual is to be treated for the purposes of this Part as the applicant and, accordingly, any Level 1 disclosure provided as a result of the application is to be provided to the individual.
5
Subsection (4) is subject to section 4.
6
The Scottish Ministers may refuse to provide a Level 1 disclosure to an individual under section 2(1) where—
a
the application for the disclosure is made on behalf of the individual by an accredited body, and
b
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.