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Statutory Instruments

2005 No. 267

CRIMINAL LAW, ENGLAND AND WALES

The Disqualification from Working with Children (Scotland) Order 2005

Made

9th February 2005

Laid before Parliament

11th February 2005

Coming into force

7th March 2005

Whereas, in the opinion of the Secretary of State, inclusion in the list kept under section 1(1) of the Protection of Children (Scotland) Act 2003(1) makes an individual subject to a prohibition or disqualification under the law of Scotland which corresponds to disqualification by the means mentioned in section 35(4) of the Criminal Justice and Court Services Act 2000(2) from working with children:

Now, therefore, the Secretary of State, in exercise of the powers conferred upon him by section 37 of the Criminal Justice and Court Services Act 2000, hereby makes the following Order:

1.  This Order may be cited as the Disqualification from Working with Children (Scotland) Order 2005 and shall come into force on 7th March 2005.

2.  Section 35 of the Criminal Justice and Court Services Act 2000 (“the 2000 Act”) shall apply in relation to an individual included (otherwise than provisionally) in the list kept under section 1(1) of the Protection of Children (Scotland) Act 2003 as it applies to an individual who is disqualified from working with children for the purposes of Part II of the 2000 Act.

Paul Goggins

Parliamentary Under Secretary of State

Home Office

9th February 2005

Explanatory Note

(This note is not part of the Order)

This Order applies section 35 of the Criminal Justice and Court Services Act 2000 (effect of disqualification from working with children) to those disqualified from working with children in Scotland by virtue of inclusion in the list maintained by Scottish ministers under section 1(1) of the Protection of Children (Scotland) Act 2003.

(2)

2000 c. 43; section 35(4)(b) was substituted by section 215(1) and paragraph 128(1) and (2) of Schedule 21 to the Education Act 2002 (c. 32).