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Disclosure (Scotland) Act 2020
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Changes to legislation:
Disclosure (Scotland) Act 2020, Section 78 is up to date with all changes known to be in force on or before 01 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.
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Changes and effects yet to be applied to Section 78:
- sch. 3 para. 31(1) words repealed by 2024 asp 5 Sch. para. 25(2)(a)(i)
- sch. 3 para. 20 words repealed by 2024 asp 5 Sch. para. 25(2)(a)(ii)
- sch. 3 para. 21 words repealed by 2024 asp 5 Sch. para. 25(2)(a)(iii)
- sch. 3 para. 31 words substituted by 2024 asp 5 Sch. para. 25(2)(b)
- sch. 5 para. 10(41)(a)(ii)(b)para. 10(41)(c)(ii)(iii) coming into force by S.S.I. 2025/27 reg. 3(1)(2) sch.
- sch. 5 para. 10(42)(a)(ii)(b) coming into force by S.S.I. 2025/27 reg. 3(1)(2) sch.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- sch. 3 para. 31(1) words repealed by 2024 asp 5 Sch. para. 25(2)(a)(i)
- sch. 3 para. 20 words repealed by 2024 asp 5 Sch. para. 25(2)(a)(ii)
- sch. 3 para. 21 words repealed by 2024 asp 5 Sch. para. 25(2)(a)(iii)
- sch. 3 para. 31 words substituted by 2024 asp 5 Sch. para. 25(2)(b)
- sch. 5 para. 10(41)(a)(ii)(b)para. 10(41)(c)(ii)(iii) coming into force by S.S.I. 2025/27 reg. 3(1)(2) sch.
- sch. 5 para. 10(42)(a)(ii)(b) coming into force by S.S.I. 2025/27 reg. 3(1)(2) sch.
78Withdrawal from Scheme when under consideration for listingS
This section has no associated Explanatory Notes
(1)The PVG Act is amended as follows.
(2)After section 59 insert—
“59AWithdrawal from Scheme when under consideration for listing
(1)Where—
(a)Ministers remove an individual who is a scheme member from the Scheme under section 59, and
(b)at the time of the removal, they are considering whether to list the individual by virtue of sections 10 to 13 or section 45B(7),
they may decide not to continue to consider whether to list the individual.
(2)Where Ministers decide under subsection (1) not to continue to consider whether to list an individual, that decision is not to be treated as a decision not to list the individual after considering whether to do so for the purposes of subsection (3C) or (4) of section 30 (and accordingly no notice of the decision under subsection (1) is to be given under either of those subsections of that section).”.
(3)In section 60 (notice of removal), after subsection (2) insert—
“(2A)Where Ministers decide under section 59A(1) not to continue to consider whether to list the individual a notice under subsection (1) must also give notice of that fact.”.
Commencement Information
I1S. 78 in force at 10.12.2021 by S.S.I. 2021/380, reg. 2, sch. (with reg. 3)
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