The Protection of Children (Scotland) Act 2003 Determination Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made under the Protection of Children (Scotland) Act 2003 (“the Act”).

The Act provides for a list of individuals considered unsuitable to work with children to be established and maintained by the Scottish Ministers and for those on the list to be prohibited from working with children.

These Regulations set out in further detail the procedure to be followed when the Scottish Ministers are deciding whether to include an individual on the list.

Regulation 3(1) and Schedule 1 make provision for determination under section 5 of the Act where cases have been referred by organisations to the Scottish Ministers under sections 2(1) or 4(1) of the Act. These are cases where the referring organisation has taken disciplinary action on the ground that the individual has harmed a child or placed a child at risk of harm.

Regulation 3(2) and Schedule 2 sets out in further detail the procedure to be followed for determinations under section 6 of the Act. That section relates to individuals named in reports of certain inquiries.

Regulation 4 allows the Scottish Ministers to grant an extension to any period of time for complying with any of the requirements of these Regulations.

Regulation 5 makes provision on the manner and time of serving of notices under these Regulations including provision on the date of deemed receipt of notices and provision for any period of notice expiring on a non working day to expire on the next working day as defined in regulation 2 of these Regulations.