Part 1The lists

Referrals

3Reference following disciplinary action etc.

(1)

An organisation must give Ministers any prescribed information which it holds in relation to an individual who is or has been F1carrying out a regulated role if—

(a)

it has, on the referral ground—

(i)

dismissed the individual, or

(ii)

transferred the individual to a position which does not involve that type of regulated F2role, or

(b)

it would or might have dismissed or so transferred the individual on the referral ground if the individual had not—

(i)

otherwise stopped F3carrying out the regulated role, or

(ii)

been working for the organisation for a fixed term.

(2)

An organisation must give Ministers any prescribed information which it holds in relation to an individual who has been F4carrying out a regulated role if—

(a)

the individual stops F5carrying out the regulated role in circumstances not falling within subsection (1),

(b)

the organisation subsequently becomes aware of information which it was unaware of when the individual stopped F6carrying out the regulated role, and

(c)

the organisation considers that, if—

(i)

it had been aware of that information at that time, and

(ii)

the individual had not stopped F7carrying out the regulated role,

it would or might have dismissed the individual on the referral ground.

(3)

In subsections (1) and (2)—

(a)

an individual suspended from F8a regulated role is not to be treated as having stopped carrying out that role,

(b)

the duty to give Ministers information in relation to the temporary transfer of an individual to another position applies only if the organisation subsequently makes a final decision not to permit the individual to resume the type of regulated F9role from which the individual was transferred.

(4)

This section does not apply to personnel suppliers (see sections 4 and 5).