Disclosure (Scotland) Act 2020

85 Appeals and removals: information power

(1) The PVG Act is amended as follows.

(2) In section 26 (determination of application for removal from list), subsection (3) is repealed.

(3) After section 29 insert—

“Appeals and removals: information powers

29A Appeals and removals: application of sections 18 to 20

(1) Sections 18 to 20 apply—

(a) for any of the purposes specified in subsection (2) as they apply for the purpose of enabling or assisting Ministers to decide whether to list an individual,

(b) with the modifications that are specified in subsection (2) in relation to the purpose.

(2) The purposes (and modifications) are—

(a) enabling or assisting Ministers to consider, in relation to an appeal under section 21, 22 or 23, whether an individual should have been listed (with references to deciding whether to list an individual being read as references to deciding whether the individual should have been listed),

(b) enabling or assisting Ministers to determine under section 26 an application for removal from the children’s list or the adults’ list (with references to deciding whether to list an individual being read as references to determining whether to remove an individual from the list),

(c) enabling or assisting Ministers to consider, in relation to an appeal under section 27, whether an application for removal from the children’s list or the adults’ list should have been refused under section 26 (with references to deciding whether to list an individual being read as references to deciding whether an application for removal from the list should have been refused),

(d) enabling or assisting Ministers to decide under section 28 or 29 whether to remove an individual from the children’s list or the adults’ list (with references to deciding whether to list an individual being read as references to deciding whether an individual should not have been listed or is no longer unsuitable to carry out regulated roles with children or, as the case may be, regulated roles with adults).”.

Confirmation of PVG Scheme membership”.