Protection of Vulnerable Groups (Scotland) Act 2007

27 Appeals against refusal to remove individual from list

(1) An individual may appeal to the sheriff against Ministers' decision to refuse an application for removal from the list under section 26.

(2) The sheriff must determine an appeal under subsection (1) in relation to removal from the children’s list—

(a) where the sheriff is satisfied that the applicant is no longer unsuitable to work with children, by directing Ministers to remove the individual from the list, or

(b) where the sheriff is not so satisfied, by refusing the application.

(3) The sheriff must determine an appeal under subsection (1) in relation to removal from the adults' list—

(a) where the sheriff is satisfied that the applicant is no longer unsuitable to work with protected adults, by directing Ministers to remove the individual from the list, or

(b) where the sheriff is not so satisfied, by refusing the application.

(4) The sheriff’s determination may be appealed to the sheriff principal by—

(a) the individual, or

(b) Ministers.

(5) The sheriff principal’s determination of an appeal under subsection (4) may, with the leave of the sheriff principal, be appealed to the Inner House of the Court of Session on a point of law by—

(a) the individual, or

(b) Ministers.

(6) The Inner House may, in determining an appeal under subsection (5), by order modify the period prescribed for the purposes of section 25(3) in so far as that period is to apply to any further application by the individual concerned for removal from the children’s list or, as the case may be, the adults' list.

(7) The decision of—

(a) the sheriff principal, or

(b) if leave is granted to appeal to the Inner House, that House,

on any appeal is final.

(8) Any court proceedings under this section may take place in private if the court considers it appropriate in all the circumstances.