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(1)Section 120 of the 1997 Act is amended as follows—
(a)in subsection (2), for “section 120A and regulations under subsection (3)” substitute “sections 120ZB and 120A”,
(b)subsection (3) is repealed.
(2)Before section 120A of the 1997 Act insert—
(1)The Scottish Ministers may by regulations make further provision about registration.
(2)Regulations under this section may in particular make provision for—
(a)the payment of fees;
(b)the information to be included in the register;
(c)the registration of any person to be subject to conditions;
(d)the nomination by—
(i)a body corporate or unincorporated; or
(ii)a person appointed to an office by virtue of an enactment, whether that body or person is registered or applying to be registered,
of an individual to act for the body or, as the case may be, person in relation to disclosure applications;
(e)the refusal by the Scottish Ministers, on such grounds as may be specified in or determined under the regulations, to accept or to continue to accept any nomination made by virtue of this section;
(f)the refusal by the Scottish Ministers to include persons who, in the opinion of the Scottish Ministers, are likely to act in relation to fewer disclosure applications in any period of 12 months than a minimum number specified in the regulations;
(g)the removal from the register of persons who have, in any period of 12 months during which they were registered, acted in relation to fewer disclosure applications than the minimum number specified under paragraph (f);
(h)the removal from the register of persons who are, in the opinion of the Scottish Ministers, no longer likely to wish to act in relation to disclosure applications;
(i)the removal from the register of any person who has breached any condition of the person’s registration; and
(j)the period which must elapse before any person refused registration or removed from the register may apply to be included in the register.
(3)The provision which may be made by virtue of subsection (2)(c) includes provision—
(a)for the registration or continued registration of any person to be subject to prescribed conditions or, if the regulations so provide, such conditions as the Scottish Ministers think fit; and
(b)for the Scottish Ministers to vary or revoke those conditions.
(4)In subsection (2), references to acting in relation to disclosure applications are to be read as references to—
(a)countersigning applications under section 113A or 113B; or
(b)making declarations in relation to requests for disclosures under section 52 or 53 of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14).”.
(3)Section 124A of the 1997 Act is amended as follows—
(a)in subsection (1), for “section 120(3)(b)” substitute “section 120ZB(2)(h)”, and
(b)in subsection (3), for “section 120(3)(ac)” substitute “section 120ZB(2)(j)”.
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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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