Regulation 7 Reapplication for registration in the register of accredited bodies

(1)

Paragraph (2) applies where the Scottish Ministers have—

(a)

refused—

(i)

to include a person in the register (maintained by the Scottish Ministers in accordance with section 120(1) of the 1997 Act^f1) under section 120A(1) or (2) of that Act^f2,

(ii)

an application for registration in the register of accredited bodies under section 47 of the Disclosure Act, or

(b)

removed—

(i)

a registered person under section 120A(1) or (2) or 122(4) of the 1997 Act^f3,

(ii)

an accredited body from the register of accredited bodies—

(aa)

under section 48(2) of the Disclosure Act, or

(bb)

under section 50(1) of that Act, on one of the grounds mentioned in either subsection (2)(b) or (c) of that section.

(2)

The person may not apply to be registered in the register of accredited bodies under section 47 of the Disclosure Act unless 2 years have elapsed since the date on which notification of the Scottish Ministers’ decision as described in either of paragraphs (1)(a) or (b) was given to the person.

(3)

Where the Scottish Ministers have removed—

(a)

a registered person under regulation 5(1) of the Registration Regulations,

(b)

an accredited body from the register of accredited bodies under section 50(1) of the Disclosure Act on the ground mentioned in subsection (2)(a) of that section,

a period of 28 days must have elapsed since the date on which notification was given to the registered person, or as the case may be accredited body, of the Scottish Ministers’ decision before the person can apply to be registered in the register of accredited bodies under section 47 of the Disclosure Act.

(4)

In this regulation, “registered person” means a person who was listed in the register maintained by the Scottish Ministers under section 120(1) of the 1997 Act for the purposes of Part 5 of that Act.

Annotations

Footnotes

f1: There are amendments to section 120 that are not relevant to these Regulations.
f2: Section 120A was inserted by section 70(2) of the Criminal Justice (Scotland) Act 2003 (asp 7) (“the 2003 Act”).
f3: Section 122 was inserted by section 70(7)(b) of the 2003 Act. Section 122(4) was amended by paragraph 39 of schedule 4 of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14).