Disclosure (Scotland) Act 2020
2020 asp 13
Provision by Provision Commentary
Part 1: Disclosure of criminal history and other information
Level 1 disclosures: review applications
Section 6: Review of accuracy of information by the Scottish Ministers
19.This section makes similar provision to the corrections process provided for under section 117 of the 1997 Act. Where a Level 1 review application seeks a review of the accuracy of any information in the disclosure, Ministers must carry out the review and must decide whether the information in question is accurate. They must notify the applicant of their decision.
20.There is no provision for a further review by the independent reviewer on the grounds of inaccuracy. This is because an accuracy review under section 6 is administrative in nature to enable the correction of the content of the disclosure, for example an error in the applicant’s name, date of birth, address, or if the applicant has provided evidence to rebut the age presumption (see section 40).
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