keep Amendments connected to Part 2
This Order extends provisions of the Disclosure (Scotland) Act 2020 to England, Wales and Northern Ireland, establishing cross-jurisdiction information-sharing mechanisms for criminal record disclosures (Level 2 disclosures). It imposes obligations on chief officers of UK law-enforcement bodies to provide information to Scottish Ministers, conduct reviews of prior disclosures, and share fingerprints and personal data for identity-checking purposes. The Order also establishes fee arrangements and guidance requirements.
While this Order creates administrative obligations for law enforcement bodies, it addresses a legitimate coordination problem across UK jurisdictions for criminal record disclosures. The crime-prevention-and-detection carve-out appropriately protects sensitive information. Unlike retained EU laws, this is domestic legislation enacted by Parliament specifically to handle cross-border disclosure matters. Deleting it would create gaps in the criminal record disclosure system, potentially harming employers and vulnerable groups (e.g., those working with children or vulnerable adults) who rely on disclosure information for safety decisions.