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Part 1SThe lists

Consideration whether to listS

10Consideration whether to list: organisational referrals etc.S

(1)This section applies

(a)[F1where—]

[F2(i)]prescribed information relating to an individual has been given to Ministers in pursuance of sections 3 to 6 or 8, and

[F2(ii)]they are satisfied that the information was not given for vexatious or frivolous purposes [F3, or

[F4(aa)where prescribed information relating to an individual has been given to Ministers in pursuance of section 6A, or]

(b)where information relating to an individual has been given to Ministers by the [F5Disclosure and Barring Service]].

(2)Where Ministers are satisfied that the information indicates that it may be appropriate for the individual to be included in the children's list, they must consider listing the individual in that list.

(3)Where Ministers are satisfied that the information indicates that it may be appropriate for the individual to be included in the adults' list, they must consider listing the individual in that list.

(4)For the avoidance of doubt, subsections (2) and (3) apply in relation to an individual regardless of the type of regulated [F6role (if any) which the individual is or has been carrying out.]

Textual Amendments

F1Words in s. 10(1)(a) renumbered as s. 10(1)(a) (18.4.2010 for specified purposes, coming into force in accordance with art. 1(2)), arts. 1(2), 4(2)(a)

F2S. 10(1)(a)(b) renumbered as s. 10(1)(a)(i)(ii) (18.4.2010 for specified purposes, coming into force in accordance with art. 1(2)) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010 (S.S.I. 2010/446), arts. 1(2), 4(2)(a)

F3S. 10(1)(b) and word inserted (18.4.2010 for specified purposes, coming into force in accordance with art. 1(2)) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010 (S.S.I. 2010/446), arts. 1(2), 4(2)(b)

F4S. 10(1)(aa) inserted (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. 80(3), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.

Commencement Information

I1S. 10 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

11Consideration whether to list: court referralsS

(1)This section applies where prescribed information relating to an individual has been given to Ministers in pursuance of section 7.

(2)Where the individual has been convicted of a relevant offence, Ministers must consider listing the individual in the children's list.

(3)In any other case, Ministers must consider listing the individual in the children's list where they are satisfied that—

(a)the information indicates that it may be appropriate for the individual to be included in that list, and

(b)the individual does, has done or is likely to do regulated work with children.

(4)Ministers must consider listing the individual in the adults' list where they are satisfied that—

(a)the information indicates that it may be appropriate for the individual to be included in that list, and

(b)the individual does, has done or is likely to do regulated work with adults.

Commencement Information

I2S. 11 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

12Consideration whether to list: vetting information etc.S

(1)Ministers must consider listing an individual in the children's list if they are satisfied that—

(a)either—

(i)vetting information about the individual, or

(ii)information received when considering whether to list the individual in the adults' list,

indicates that it may be appropriate for the individual to be included in the children's list, and

(b)the individual does, has done or is likely to [F7carry out a regulated role] with children.

(2)Ministers must consider listing an individual in the adults' list if they are satisfied that—

(a)either—

(i)vetting information about the individual, or

(ii)information received when considering whether to list the individual in the children's list,

indicates that it may be appropriate for the individual to be included in the adults' list, and

(b)the individual does, has done or is likely to [F8carry out a regulated role] with adults.

Textual Amendments

Commencement Information

I3S. 12 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

13Consideration whether to list: inquiriesS

(1)This section applies where—

(a)a relevant inquiry report names an individual who is or has been [F9carrying out a regulated role], and

(b)it appears to Ministers from the report that the person who held the inquiry found that the referral ground was met at a time when the individual was [F10carrying out a regulated role] (whether that time was before or after this section comes into force).

(2)Where it appears to Ministers from the report that it may be appropriate for the individual to be included in the children's list, they may consider listing the individual in the children's list.

(3)Where it appears to Ministers from the report that it may be appropriate for the individual to be included in the adults' list, they may consider listing the individual in the adults' list.

(4)For the avoidance of doubt, subsections (2) and (3) apply in relation to an individual regardless of the type of regulated [F11role which the individual was carrying out].

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I4S. 13 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)