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The Protection of Children (Scotland) Act 2003 Determination Regulations 2004
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3.—(1) Where the Scottish Ministers decline to consider further any reference made under section 2(1) or 4(1) of the Act the Scottish Ministers shall notify the referring body and the individual.
(2) Where the Scottish Ministers are satisfied from the information submitted with the reference that it may be appropriate for the name of the individual to be included in the List, they shall enter the name of the individual in the List marking that entry as provisional.
(3) Where a provisional entry is made by the Scottish Ministers under sub-paragraph (2), they shall immediately provide the individual with notice of and the date of that entry and at the same time notify the referring body of that entry and its date.
(4) Where the Scottish Ministers are aware that as at the time a provisional entry is made under sub-paragraph (2), the individual is working for any organisation in a child care position, they shall give notice of the entry to that organisation and such other persons as the Scottish Ministers consider appropriate.
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