The Protection of Children (Scotland) Act 2003 Determination Regulations 2004

Citation and commencement

1.  These Regulations may be cited as the Protection of Children (Scotland) Act 2003 Determination Regulations 2004 and shall come into force on 10th January 2005.

Interpretation

2.  In these Regulations, unless the context otherwise requires–

“the Act” means the Protection of Children (Scotland) Act 2003;

“the individual” is the person who is the subject of a reference under section 2(1) or 4(1) of the Act or named in a report of a relevant inquiry to which the provisions of section 6 of the Act apply;

“the List” means the list of individuals unsuitable to work with children kept by the Scottish Ministers in terms of section 1(1) of the Act;

“referring body” means the organisation or person making a reference to the Scottish Ministers under section 2(1) or 4(1) of the Act;

“relevant time limits” means the time limits prescribed in, or specified by the Scottish Ministers under, these Regulations; and

“working day” means a day which is not a Saturday, Sunday, a bank holiday in Scotland under the Banking and Financial Dealings Act 1971(1), or a day appointed for public thanksgiving or mourning.

Procedure for determinations

3.—(1) The procedure set out in Schedule 1 shall apply to a determination by the Scottish Ministers of a reference to them made under sections 2(1) or 4(1) of the Act.

(2) The procedure set out in Schedule 2 shall apply to a determination by the Scottish Ministers under section 6 of the Act.

Extension of time

4.—(1) Where these Regulations require or authorise the individual or the referring body or any other person to do something within a period of time, the Scottish Ministers may, on the application of the individual or the referring body or any other person, on cause shown, or otherwise where they consider it to be in the interests of justice to do so, grant such further period or periods of time as they consider appropriate.

(2) Where the Scottish Ministers have granted a further period of time, reference in these Regulations to that period of time shall be construed as a reference to the period of time as so extended.

Manner and time of service of notices

5.—(1) Any notice required to be given by the Scottish Ministers to the individual under these Regulations may be given in accordance with section 19 of the Act and where the notice is sent by post, it shall be sent by first class recorded delivery post properly addressed and prepaid to that individual’s last known address, and shall be deemed to have been received the day after the date of posting.

(2) Any notice required to be given to the referring body or to any organisation or other person under these Regulations shall be deemed to have been given or sent, if it was sent by first class recorded delivery post properly addressed and prepaid to the last notified address of the referring body or that organisation or other person and shall be deemed to have been received the day after the date of posting.

(3) If a period of notice expires on a day which is not a working day the period of notice shall be deemed to expire on the next working day after that day.

EUAN MACFARLANE ROBSON

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

30th November 2004