PART 2UK law-enforcement bodies’ duties in respect of Level 2 disclosures

Duty to carry out section 23 review

article 7 + 7.—(1) The chief officer of a UK law-enforcement body must, if requested to do so by the Scottish Ministers under section 23 of the Disclosure Act, carry out a review of the information provided by the chief officer for the purpose of a disclosure.

(2) In the review the chief officer must decide—

article 7 2 a + (a)whether the chief officer still reasonably believes the information to be relevant for the purpose of the disclosure, and

article 7 2 b + (b)whether the chief officer is still of the opinion that the information ought to be included in the disclosure.

(3) In carrying out the review, the chief officer must—

article 7 3 a + (a)by notice give the person to whom the disclosure relates an opportunity to make representations, and

article 7 3 b + (b)have regard to any representations made by that person.

(4) A notice under paragraph (3)(a) must specify the time period within which the person may make representations.

(5) The following enactments apply in relation to the chief officer making a decision under paragraph (2) as they do in relation to the chief constable of the Police Service of Scotland making a decision under section 23(4) of the Disclosure Act—

article 7 5 a + (a)section 33 of that Act;

article 7 5 b + (b)regulations under section 37 of that Act.

(6) The chief officer must notify the Scottish Ministers of—

article 7 6 a + (a)the chief officer’s decision under paragraph (2), and

article 7 6 b + (b)the chief officer’s reason for the decision.