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Regulation 5 Lead signatories and countersignatories: refusal of nomination and removal from the register of accredited bodies

Original text. Later amendments are not shown.

(1)

Where—

(a)

an individual has been notified in accordance with section 52(5) of the Disclosure Act, or

(b)

a lead signatory or countersignatory has been notified in accordance with section 52(6) of the Disclosure Act,

the individual or, as the case may be, lead signatory or countersignatory must make any representations within 28 days of the date on which the notification was given.

(2)

The Scottish Ministers must consider any representations received under paragraph (1).

(3)

Paragraph (4) applies where an accredited body has been notified in accordance with section 53(5) of the Disclosure Act in relation to a lead signatory.

(4)

The accredited body must, within 28 days of that notification being given, by application nominate a lead signatory in substitution for the individual previously nominated as a lead signatory for the accredited body whose nomination was refused or whose prescribed details were removed.

(5)

No individual may be nominated as a lead signatory or countersignatory of an accredited body if the Scottish Ministers have, within 2 years prior to the date on which the nomination application is received by them—

(a)

refused to accept, or refused to continue to accept, the nomination of the individual as a countersignatory under regulation 4(3) of the Registration Regulations,

(b)

refused to accept the nomination of the individual as a lead signatory or countersignatory of an accredited body under section 52(2) of the Disclosure Act, or

(c)

removed all of the prescribed details of the lead signatory or countersignatory from the entry of an accredited body under section 52(3) of the Disclosure Act.