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

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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.

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