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The Police Act 1997 (Criminal Records) (Protection of Children) (Scotland) Regulations 2004

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Citation, commencement and extent

1.—(1) These Regulations may be cited as the Police Act 1997 (Criminal Records) (Protection of Children) (Scotland) Regulations 2004 and shall come into force on 10th January 2005.

(2) These Regulations extend to Scotland only.

Interpretation

2.  In these Regulations–

“the applicant” means an applicant for a criminal record certificate under section 113 or an enhanced criminal record certificate under section 115 of the 1997 Act; and

“the 1997 Act” means the Police Act 1997.

Lists kept under section 1 of the Protection of Children Act 1999 – prescribed details

3.  In the case of an applicant included in the list kept under section 1 of the Protection of Children Act 1999(1) the following details are prescribed for the purposes of sections 113(3A)(b) and 115(6A)(b) of the 1997 Act–

(a)the fact that the applicant is included in the list;

(b)whether any appeal against inclusion in the list is pending; and

(c)whether inclusion in the list is provisional.

Directions made under section 142 of the Education Act 2002 – prescribed details

4.  In the case of an applicant subject to a direction made under section 142 of the Education Act 2002(2) the following details of the circumstances in which it was given are hereby prescribed for the purposes of sections 113(3A)(d) and 115(6A)(d) of the Act–

(a)the fact that the applicant is subject to such a direction;

(b)the date the direction was given;

(c)details of any prohibition or restriction or other condition on the applicant’s employment;

(d)details of any circumstances specified in the direction relative to the applicant’s employment; and

(e)the grounds on which the direction was made.

HUGH HENRY

Authorised to sign by the Scottish Ministers

St Andrews House Edinburgh

2nd December 2004

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