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Protection of Children (Scotland) Act 2003

Section 7 – Provisional inclusion in list

19.Subsection (1) requires the Scottish Ministers to provisionally list the individual pending a determination under section 5 or 6.

20.Subsection (2) requires the list to show whether a listing is provisional.

21.Subsection (3) requires the individual to be notified of his or her provisional listing. The Scottish Ministers are also required to notify the individual’s employer, where known, of the provisional listing, if the Scottish Ministers are aware that the individual is working in a child care position.

22.Subsection (4) provides that an individual who is included in the list provisionally must be removed from the list if the Scottish Ministers have not made a determination during a particular period.

23.Subsection (5) provides that the period will, in most cases, end 6 months after the date of the provisional listing, unless a sheriff agrees under subsection (6) to extend that period. An exception is made in relation to referrals, where the circumstances or the act leading to the referral are subject to legal or disciplinary proceedings. In such a case the period is to end 6 months after the date of final determination of those proceedings (defined in subsections (7) and (8)).

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