Part 2 SVetting and disclosure

DisclosureS

[F152Disclosure of scheme recordsS

(1)This section applies in relation to a scheme member’s scheme record if—

(a)disclosure conditions A to D are satisfied, and

(b)section 53 does not require Ministers to disclose the scheme member’s short scheme record.

(2) Subsection (3) applies where the scheme record does not include vetting information about a conviction [F2which falls within subsection (2A)].

[F3(2A)A conviction falls within this subsection if it is—

(a)a conviction for an offence listed in schedule 8A of the 1997 Act which is a spent conviction and either—

(i)the person was aged under 18 on the date of conviction and at least 7 years and 6 months have passed since the date of conviction, or

(ii)the person was aged 18 or over on the date of conviction and at least 15 years have passed since the date of conviction,

(b)a conviction for an offence listed in schedule 8B of the 1997 Act which is—

(i)a spent conviction, but

(ii)not a protected conviction.]

(3)Ministers must—

(a)disclose the scheme record, and

(b)send a copy of the scheme record to the scheme member.

(4)Subsections (5) to (9) apply where the scheme record includes vetting information about a conviction [F4which falls within subsection (2A).]

(5)Ministers must send a copy of the scheme record to the scheme member (who may make an application to the sheriff under section 52A(2)).

(6)Subsection (7) applies where—

(a)the scheme member notifies Ministers before the end of the period mentioned in section 52A(3)(a) that the scheme member does not intend to make an application under section 52A(2), or

(b)that period expires without the scheme member having notified Ministers that the scheme member does intend to make such an application.

(7)Ministers must disclose the scheme record as soon as possible after receiving the notification or, as the case may be, the expiry of that period.

(8)Subsection (9) applies where—

(a)the scheme member notifies Ministers before the end of the period mentioned in section 52A(3)(a) that the scheme member intends to make an application under section 52A(2), but

(b)either—

(i)the scheme member does not make such an application before the end of the period mentioned in section 52A(3)(b), or

(ii)the scheme member does make such an application but abandons it before it is determined by the sheriff.

(9)Ministers must not disclose the scheme record (and the request for disclosure of the record is to be treated as having been withdrawn).]