Disclosure (Scotland) Act 2020

84 Ministers’ powers to remove from list

(1) The PVG Act is amended as follows.

(2) In section 28 (late representations), after subsection (1) insert—

“(1A) This section also applies where an individual listed under section 15 or 16 (other than one mentioned in subsection (1))—

(a) seeks to make representations to Ministers as to why the individual should not have been listed, and

(b) Ministers consider that it is appropriate in all the circumstances to allow the representations to be made.”.

(3) In section 29 (removal from list), in subsection (1)(b)—

(a) the words “they are satisfied that the individual should not have been listed” become sub-paragraph (i), and

(b) at the end of that sub-paragraph insert “, or

(ii) they are otherwise satisfied that the individual is no longer unsuitable to carry out regulated roles with children or, as the case may be, regulated roles with adults.”.