Disclosure (Scotland) Act 2020

78 Withdrawal from Scheme when under consideration for listing

(1) The PVG Act is amended as follows.

(2) After section 59 insert—

“59A Withdrawal from Scheme when under consideration for listing

(1) Where—

(a) Ministers remove an individual who is a scheme member from the Scheme under section 59, and

(b) at the time of the removal, they are considering whether to list the individual by virtue of sections 10 to 13 or section 45B(7),

they may decide not to continue to consider whether to list the individual.

(2 ) Where Ministers decide under subsection (1) not to continue to consider whether to list an individual, that decision is not to be treated as a decision not to list the individual after considering whether to do so for the purposes of subsection (3C) or (4) of section 30 (and accordingly no notice of the decision under subsection (1) is to be given under either of those subsections of that section).”.

(3) In section 60 (notice of removal), after subsection (2) insert—

“(2A) Where Ministers decide under section 59A(1) not to continue to consider whether to list the individual a notice under subsection (1) must also give notice of that fact.”.