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The Police Act 1997 (Criminal Records) (Registration) (Scotland) Regulations 2006

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Refusal of inclusion in and removal from register – further provision

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6.—(1) Where the Scottish Ministers decide to refuse to include a person in the register or, other than by virtue of section 120(3)(b), to remove a person from the register, in addition to including information as to the provisions of regulation 10, the notification of that decision and the reasons for the decision shall–

(a)give the period within which the decision will be implemented; and

(b)inform the person concerned of the right to require the Scottish Ministers to review their decision under section 124A(2) and the period within which such a requirement may be made.

(2) A requirement made to Scottish Ministers under section 124A(2) for them to review the decision under section 124A(1) may be made within 28 days of the service of the notification of the decision.

(3) Where a decision under section 124A(1) has been reviewed in accordance with section 124A(2), the notification of the results of the review and any consequential change in the decision shall–

(a)give the period within which the decision will be implemented; or

(b)inform the person concerned that the Scottish Ministers do not propose to take any further action under or by virtue of section 124A.

(4) The period within which a decision to refuse to include a person in the register or, other than by virtue of section 120(3)(b), to remove that person from the register shall be implemented is–

(a)where no requirement has been made under section 124A(2), the end of the period mentioned in paragraph (2); or

(b)where a requirement has been made under section 124A(2), the end of a further period of 28 days beginning with the day of the service of the notification of the results of the review.

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