The Act
3.The Act provides for a list of individuals considered unsuitable to work with children (“the list”) to be established and maintained by the Scottish Ministers and for those on the list to be banned from working with children. An individual who knows that he or she is listed commits an offence if he or she works in a child care position (within the meaning of schedule 2) whilst listed.
4.Organisations are required to refer people who are or have been working in child care positions for inclusion in the list if they harm a child or put a child at risk of harm and, as a consequence, are dismissed or transferred from those positions or where their employment is otherwise terminated in such circumstances. Individuals convicted of an offence against a child (within the meaning of section 10(9)(b)) may also be placed on the list at the discretion of the courts.
5.An organisation commits an offence if it offers work in a child care position to an individual whom it knows is listed or does not move such an individual from a child care position. The information that an individual is on the list will be released as part of a disclosure check carried out by Disclosure Scotland (part of the Scottish Criminal Record Office) under Part V of the Police Act 1997 (c.50).