The Police Act 1997 (Criminal Records) (Registration) (Scotland) Regulations 2002

Removal from the register

4.—(1) Subject to paragraphs (2) to (5), the Scottish Ministers may remove from the register any person who is, in the opinion of the Scottish Ministers, no longer likely to wish to countersign applications under section 113 or 115 of the 1997 Act.

(2) Before removing a person from the register, the Scottish Ministers shall notify that person in writing that they are of that opinion and the reasons for that opinion and shall inform that person of the right to make representations under paragraph (3).

(3) A person who has been notified in accordance with paragraph (2) may, within 28 days of the service of such notice, make representations in writing to the Scottish Ministers as to why that person should not be removed from the register and the Scottish Ministers shall consider any such representations.

(4) After considering such representations, the Scottish Ministers shall inform the registered person–

(a) that they are of the opinion that that person is unlikely to wish to countersign applications under section 113 or 115 of the 1997 Act and the reasons for that opinion and that the person will be removed from the register at the end of a further period of 28 days; or

(b) that they do not propose to take any further action under this regulation.

(5) If no representations are received within the period mentioned in paragraph (3), the Scottish Ministers may remove the person from the register at the end of that period.

(6) Where–

(a) the Scottish Ministers are satisfied, in the case of a registered person other than a body, that the person has died or is incapable, by reason of physical impairment or mental disorder, of countersigning applications under section 113 or 115 of the 1997 Act; or

(b) the registered person has requested that the Scottish Ministers remove that person from the register,

paragraphs (2) to (5) shall not apply.