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The Police Act 1997 (Criminal Records) (Registration) (Scotland) Regulations 2010

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Removal from the register of persons who are no longer likely to act in relation to disclosure applications

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5.—(1) Subject to paragraphs (2) to (6), the Scottish Ministers may remove from the register any person who is, in the opinion of the Scottish Ministers, no longer likely to wish to countersign applications under section 113A or 113B of the 1997 Act or make declarations in relation to disclosure requests under section 52 or 53 of the 2007 Act.

(2) Before removing a person from the register, the Scottish Ministers must notify that person in writing that they are of that opinion and state the reasons for that opinion and must inform that person of the right to make representations under paragraph (3).

(3) A person who has been notified in accordance with paragraph (2) may, within 28 days of the receipt of such notice, make representations in writing to the Scottish Ministers as to why that person should not be removed from the register and the Scottish Ministers must consider any such representations.

(4) After considering such representations, the Scottish Ministers must inform the registered person—

(a)that they are of the opinion that that person is no longer likely to wish to countersign applications under section 113A or 113B of the 1997 Act or make declarations in relation to disclosure requests under section 52 or 53 of the 2007 Act and state the reasons for that opinion and that that person will be removed from the register at the end of a further period of 28 days; or

(b)that they do not propose to take any further action under this regulation.

(5) If no representations are received within the period specified in paragraph (3), the Scottish Ministers may remove the person from the register at the end of that period.

(6) Where—

(a)the Scottish Ministers are satisfied, in the case of a registered person other than a body, that the person has died or is incapable for any other reason of countersigning applications under section 113A or 113B of the 1997 Act or making declarations in relation to disclosure requests under section 52 or 53 of the 2007 Act; or

(b)the registered person has requested that the Scottish Ministers remove that person from the register,

the requirements of paragraphs (2) to (5) do not apply.

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