Sections 58 – 61. Removal from scheme
108.Section 58 places a duty on the Scottish Ministers (as the Vetting and Disclosure Unit) to remove an individual from the scheme where that individual has been placed on the relevant list or is barred as a result of being listed in another jurisdiction. Section 58(2) provides a possible sanction for failing to pay an annual subscription, or other fee, if such arrangements were made under section 70.
109.Section 59 places a duty on the Scottish Ministers to remove an individual from the scheme if an individual asks to be removed and is no longer carrying out that type of regulated work. As a matter of administrative practice, the Scottish Ministers will remove individuals from the scheme on being informed of their death and satisfied that this is so.
110.Section 60 concerns notice of removal. If an individual is listed or barred they will already be notified under section 30. If they have withdrawn from the scheme at their own initiative under section 59, they will know about it. However, this section covers other possible reasons for being removed from the scheme such as non-payment of fees, expiry of membership, or an irregularity which later comes to light concerning the application to join the scheme. In some circumstances, an individual might be removed from the scheme (but not listed) whilst still undertaking regulated work, in which case section 60(1)(b) allows for employers and regulatory bodies to be informed.
111.Section 61(1) gives the Scottish Ministers the power to retain scheme records in relation to individuals after removal from the scheme. Section 61(2)(a) prevents the Scottish Ministers from continuing to make enquiries in relation to vetting information about an individual and section 61(2)(b) makes clear that a retained scheme record does not need to be kept up to date.
