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Section 61 Retention of scheme records after removalC1C2I1

(1)

Ministers may keep the scheme record of an individual removed from the Scheme and may continue to use that record for the purposes of enabling or assisting them to perform their functions under this Act.

(2)

Subsection (1) does not—

(a)

entitle Ministers to continue to make enquires in relation to the individual in pursuance of section 47(2), or

(b)

require Ministers to otherwise ensure that the retained scheme record is updated.

F1(3)

Where Ministers decide under section 59A(1) not to continue to consider whether to list an individual, Ministers may keep any information received by them when considering whether to list the individual for the purposes of enabling or assisting them to perform their functions under this Act.

Annotations

Textual amendments

F1

S. 61(3) inserted (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), ss. 87, 97 (with s. 96); S.S.I. 2021/380, reg. 2, sch.

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