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

Regulation 3(2)

SCHEDULE DETERMINATIONS UNDER SECTION 6 OF THE ACT

Record of individuals named in the report of certain inquiries

1.  The Scottish Ministers shall maintain a record of any individuals named in the reports of relevant inquiries to which the provisions of section 6 of the Act apply.

Notification of case

2.—(1) Where the Scottish Ministers are considering the inclusion of an individual in the List in accordance with section 6 of the Act, they shall–

(a) enter particulars of the individual and of the report of the relevant inquiry so far as it relates to the individual in the record kept in terms of paragraph 1; and

(b) give a copy of the report to the individual with a notice inviting the individual to submit observations to the Scottish Ministers on the report so far as relating to the individual within 21 days of the date of receipt of that notice, or deemed receipt in accordance with regulation 5.

(2) Where the Scottish Ministers are satisfied from the report that it may be appropriate for an individual to be included in the List, they shall enter the name of the individual in the List marking that entry as provisional.

(3) Where a provisional entry is made by the Scottish Ministers under sub-paragraph (2), they shall immediately give the individual notice of that entry.

(4) Where the Scottish Ministers are aware that as at the time a provisional entry is made under sub-paragraph (2) the individual is working for any organisation in a child care position, they shall give notice of the entry to that organisation and to such other persons as they consider appropriate.

Response by the individual

3.—(1) Any response given to the Scottish Ministers by the individual shall–

(a) acknowledge that the individual has received a copy of the report;

(b) indicate whether or not the individual accepts the report’s findings that they harmed a child or placed a child at risk of harm and that they are unsuitable to work with children;

(c) provide any observations on the report so far as relating to the individual; and

(d) submit any further information which the individual wishes to be taken into account by the Scottish Ministers in making their determination.

Observations of other persons

4.  On receipt of a response by the individual, the Scottish Ministers shall give to the person for whom that individual worked when the act or omission which gave rise to the finding in the report that the individual harmed a child or placed a child at risk of harm occurred a notice with a copy of any observations provided by the individual, inviting that person to provide to the Scottish Ministers within 21 days of the date of receipt of that notice and those observations, or deemed receipt in accordance with regulation 5 any observations that person may have.

Further observations or information to be sent to the Scottish Ministers

5.  The Scottish Ministers may by notice invite the individual, the person referred to in paragraph 4 and such other persons as the Scottish Ministers consider appropriate to send to them additional observations or information dealing with any matter relating to the case within such time and in such manner as may be specified by them in that notice.

Determination

6.  The Scottish Ministers may proceed to a determination regarding inclusion of the individual in the List under section 6 of the Act taking into account such observations and information as have been sent to them within the relevant time limits if it appears to them that they have sufficient material to enable them to make such a determination.

Recording and notification of the determination

7.—(1) Any determination under section 6 of the Act shall be recorded without delay in a document dated and signed on behalf of the Scottish Ministers.

(2) The document referred to in sub-paragraph (1) shall state the reasons for the determination.

(3) The Scottish Ministers shall, as soon as reasonably practicable after such determination, give to the individual–

(a) a copy of the document referred to in sub-paragraph (1);

(b) notice of any entry, modified entry or removal of any entry relating to the individual on the List; and

(c) information as to any right of appeal which the individual may have against the Scottish Ministers' determination.

(4) At the same time as giving notice to the individual in accordance with sub-paragraph (3) the Scottish Ministers shall give notice of such determination to any organisation or person notified in accordance with sub-paragraph (4) of paragraph 2 and to such other persons as the Scottish Ministers consider appropriate.