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Disclosure (Scotland) Act 2020

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This version of this provision is prospective. Help about Status

Changes to legislation:

Disclosure (Scotland) Act 2020, Section 77 is up to date with all changes known to be in force on or before 06 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Prospective

77Notice of consideration for listingS

This section has no associated Explanatory Notes

(1)Section 30 (notice of listing etc.) of the PVG Act is amended as follows.

(2)In subsection (3)—

(a)in paragraph (b), at the end insert “ and any personnel supplier whom they know has offered or supplied the scheme member to carry out a regulated role with children, ”,

(b)in paragraph (c), at the end (and before the word “and” immediately following that paragraph) insert “ and any personnel supplier whom they know has offered or supplied the scheme member to carry out a regulated role with adults, ”.

(3)After subsection (3) insert—

(3A)Subsection (3B) applies where—

(a)Ministers are considering whether to list an individual by virtue of sections 10 to 13 or section 45B(7), and

(b)they know that the individual is carrying out a regulated role with children or, as the case may be, a regulated role with adults for a person other than an organisation.

(3B)Where this subsection applies, Ministers may notify the person—

(a)that they are considering whether to list the individual in the children's list or, as the case may be, in the adults' list, and

(b)of the details of any conditions that Ministers have imposed under section 13A(1) or, if no such conditions have been imposed, of that fact.”.

(3C)After considering whether to list an individual as mentioned in subsection (3A)(a), Ministers may notify their decision (whether to list the individual or not to do so) to any person other than an organisation for whom they know the individual is carrying out a regulated role with children or, as the case may be, a regulated role with adults..

(4)In subsection (5), after “(2)” insert “ , (3B), (3C) ”.

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