Disclosure (Scotland) Act 2020
2020 asp 13
Provision by Provision Commentary
Part 1: Disclosure of criminal history and other information
Accredited bodies
Section 53: Notification and review of decisions: removal from register or refusal of registration or nomination
111.This section places certain duties on Ministers should they refuse an application for inclusion in the register, or remove a person from it (and subsection (2) provides for partial or whole removal from the register of an accredited body which is registered both to make applications for Level 1 disclosures and to countersign applications for Level 2 disclosures).
112.Ministers must notify the affected person(s) (see subsection (4)) and give reasons for their decision. The person so refused or removed can apply for a review of Ministers’ decision if they consider that the information on which it was based may have been inaccurate (see subsection (6)). Ministers may make regulations subject to the negative procedure under section 54 (see subsection (2)(g)) in connection with those reviews.
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