Explanatory Notes

Protection of Children (Scotland) Act 2003

2003 asp 5

19 March 2003

The Act

Section 6 – Individuals named in the findings of certain inquiries

18.This section allows for the Scottish Ministers to include individuals named in relevant inquiries, defined at subsection (6), in the list. Procedures similar to those outlined above for referrals under section 2(1) and 4(1) are to be followed. The Scottish Ministers must be satisfied that the person who held the inquiry reasonably considered that the individual had harmed a child or put a child at risk of harm whilst working in a child care position and that the individual is unsuitable to work with children. If both conditions are met the Scottish Ministers must add the individual to the list.