Disclosure (Scotland) Act 2020 (asp 13)

PART 1 S Disclosure of criminal history and other information

Prospective

Offences relating to Level 1 and Level 2 disclosures S

43 Lawful disclosures of Level 2 disclosures S

(1) An accredited body to whom a Level 2 disclosure is made available under this Part may disclose the Level 2 disclosure—

(a) to any of the accredited body's employees,

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

(c) where the Level 2 disclosure was made available by virtue of an application for a Level 2 disclosure made at the request of another person (a “third person”) who is, for the purpose of the disclosure, asking a question about the individual who is the subject of the disclosure—

(i) to that third person,

(ii) to any of the third person's employees,

(iii) where the third person is not an individual, to any member or officer of the third person.

(2) An employee, member or officer of the accredited body to whom a Level 2 disclosure is disclosed under subsection (1) may disclose the Level 2 disclosure—

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

(b) as mentioned in subsection (1)(c).

(3) A third person to whom a Level 2 disclosure is disclosed under subsection (1)(c) or (2)(b) may disclose the Level 2 disclosure—

(a) to any of the third person's employees,

(b) where the third person is not an individual, to any of the third person's members or officers.

(4) An employee, member or officer of a third person to whom a Level 2 disclosure is disclosed under subsection (1)(c), (2)(b) or (3) may disclose the Level 2 disclosure to another employee, member or officer of the third person.

(5) Disclosure of a Level 2 disclosure by a person is permitted under this section only so far as the disclosure is—

(a) made in the course of the person's functions,

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

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

(6) In subsection (1), the reference to an accredited body to whom a Level 2 disclosure is made available under this Part includes a reference to any lead signatory or countersignatory of the accredited body to whom a Level 2 disclosure is made available on behalf of the accredited body.