Protection of Vulnerable Groups (Scotland) Act 2007

25 Application for removal from list

(1) A listed individual may apply to Ministers for removal from—

(a) the children’s list, or

(b) the adults' list.

(2) References in this section to “the list” are to be read as references to the list from which the individual has applied for removal.

(3) An application for removal from the list is competent only if—

(a) it is made after the end of such period as may be prescribed (beginning on such date as may be prescribed), or

(b) Ministers are satisfied that the applicant’s circumstances have changed since the applicant—

(i) was listed, or

(ii) last made an application for removal from the list under this section,

such that Ministers should consider the application.

(4) A period may not be prescribed under subsection (3)(a) in relation to a particular individual.

(5) An applicant’s circumstances are to be treated as having changed if—

(a) the applicant was convicted of an offence in relation to conduct which Ministers had regard to when considering whether to list the applicant, and

(b) the conviction is subsequently quashed.

(6) Subsection (5) does not affect the generality of subsection (3)(b).