The Police Act 1997 (Criminal Records) (Registration) (Scotland) Regulations 2006

Nomination of individuals to act for registered person

4.—(1) A body corporate or unincorporate or statutory office holder applying for registration under section 120(1) shall, if that body or person wishes to nominate an individual to act for it or, as the case may be, him or her, submit with the application the names, addresses, dates of birth and specimen signatures of the individuals nominated to act for the body or statutory office holder in relation to the countersigning of applications under section 113A or 113B.

(2) A registered body and a registered person who is a statutory office holder shall, if that body or person wishes to nominate an individual to act for it or, as the case may be, him or her, submit to the Scottish Ministers the names, addresses, dates of birth and specimen signatures of any individuals so nominated after the registration of the body or the statutory office holder, whether or not in substitution for any name previously submitted.

(3) The Scottish Ministers may refuse to accept, or to continue to accept, the nomination of an individual if, in the opinion of the Scottish Ministers, that individual is not a suitable person to have access to information which has become, or is likely to become, available to that individual as a result of the registration of the body or the statutory office holder which nominated that individual.

(4) In determining for the purposes of this regulation whether an individual is a suitable person to have access to any information, the Scottish Ministers may have regard, in particular, to–

(a) the matters specified in section 120A(3)(2);

(b) whether or not Scottish Ministers have previously refused to accept or continue to accept that person’s nomination; and

(c) whether or not that person has previously been removed from the register, or has had conditions imposed on them as respects their continued listing in the register, by Scottish Ministers under section 122(4).

(5) Before the Scottish Ministers refuse to accept, or to continue to accept, the nomination of an individual under this regulation, they shall notify in writing-

(a) the body or the statutory office holder concerned, and that body or statutory office holder may submit the name of another individual in substitution; and

(b) the individual nominated that they are of that opinion and the reasons for that opinion and shall inform that individual of the right to make representations under paragraph (6).

(6) An individual who has been notified in accordance with paragraph (5)(b) may, within 28 days of the service of such notice, make representations in writing to the Scottish Ministers as to why the Scottish Ministers should not refuse to accept or continue to accept their nomination and the Scottish Ministers shall consider any such representations.

(7) After considering such representations, the Scottish Ministers shall inform the nominated individual–

(a) that they are of the opinion that they should refuse to accept or continue to accept the nomination of that individual, and the reasons for that opinion; or

(b) that they do not propose to refuse to accept or continue to accept the nomination of that individual.

(8) If no representations are received within the period mentioned in paragraph (6), the Scottish Ministers may proceed at the end of that period to refuse to accept or continue to accept that individual’s nomination.

(9) If representations are received under paragraph (6) and the Scottish Ministers decide under paragraph (7)(a) to refuse to accept or continue to accept the nomination of that individual, the period within which that decision shall be implemented is the end of a further period of 28 days beginning with the day of service of the notification of the results of the Scottish Ministers' consideration of their representations.

(10) No individual may be nominated under section 120(3)(aa) if the Scottish Ministers have, within the period of two years prior to the date on which the nomination is received by them, refused to accept or continue to accept that individual’s nomination.

(1)

Section 120 is amended by section 70(1) and (6) of the 2003 Act and by the 2005 Act, section 163(3) and Schedule 14, paragraph 6.

(2)

Section 120A(3) is inserted by section 70(2) of the 2003 Act and amended by the 2005 Act, section 166(1) and Schedule 14, paragraph 9.