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Section 46 Confirmation of scheme membershipC1C2F1I1

Scotland

(1)

Ministers must provide a confirmation of scheme membership to each scheme member.

(2)

A confirmation of scheme membership is a document which—

(a)

specifies the type of regulated role in relation to which the scheme member participates in the Scheme,

(b)

confirms that the scheme member is not barred from that type of role,

(c)

if Ministers are considering whether to list the member in relation to that type of role—

(i)

states that fact, and

(ii)

sets out details of any conditions that Ministers have imposed under section 13A(1) or, if no such conditions have been imposed, states that fact, and

(d)

contains such other information about the scheme member as may be prescribed.

(3)

Ministers need not comply with subsection (1) where, at the same time as the individual applies to join the scheme, the individual makes an application under section 11 of the Disclosure (Scotland) Act 2020 for a Level 2 disclosure where section 17 of that Act applies.

Annotations

Textual amendments

F1

S. 46 substituted (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), ss. 86(2), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch. (with reg. 14) (as amended by S.S.I. 2025/73, regs. 1, 2(2)); S.S.I. 2025/27, reg. 3(1)(2), sch. (with reg. 11)

Modifications

C1

Pt. 2 modified (28.2.2011) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Consequential Provisions) Order 2010 (S.I. 2010/2660), arts. 1, 22

C2

Pt. 2 modified (28.2.2011) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Consequential Provisions) Order 2010 (S.I. 2010/2660), arts. 1, 21

Commencement

I1

S. 46 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)