Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14)

Part 1SThe lists

Listing: supplementaryS

30Notice of listing etc.S

(1)Subsection (2) applies where—

(a)an individual has been listed under section 14, 15 or 16,

(b)Ministers become aware that an individual has otherwise been barred from [F1regulated roles] with children or adults, or

(c)Ministers are considering whether to list an individual by virtue of sections 10 to 13.

(2)Where this subsection applies, Ministers must notify the persons specified in subsection (3) of the fact—

(a)that the individual has been barred from [F2regulated roles] with children or adults, or, as the case may be

(b)that they are considering whether to list the individual.

(3)Those persons are—

(a)the individual concerned,

(b)where—

(i)the individual has been barred from regulated [F3roles] with children, or

(ii)Ministers are considering whether to list the individual in the children's list,

any organisation for which they know the individual is [F4carrying out a regulated role] with children, [F5and any personnel supplier whom they know has offered or supplied the scheme member to carry out a regulated role with children,]

(c)where—

(i)the individual has been barred from regulated [F6roles] with adults, or

(ii)Ministers are considering whether to list the individual in the adults' list,

any organisation for which they know the individual is [F7carrying out a regulated role] with adults, [F8and any personnel supplier whom they know has offered or supplied the scheme member to carry out a regulated role with adults,] and

(d)any relevant regulatory body whom Ministers think it would be appropriate to notify of that fact.

[F9(3A)Subsection (3B) applies where—

(a)Ministers are considering whether to list an individual by virtue of sections 10 to 13 or section 45B(7), and

(b)they know that the individual is carrying out a regulated role with children or, as the case may be, a regulated role with adults for a person other than an organisation.

(3B)Where this subsection applies, Ministers may notify the person—

(a)that they are considering whether to list the individual in the children's list or, as the case may be, in the adults' list, and

(b)of the details of any conditions that Ministers have imposed under section 13A(1) or, if no such conditions have been imposed, of that fact.”.

(3C)After considering whether to list an individual as mentioned in subsection (3A)(a), Ministers may notify their decision (whether to list the individual or not to do so) to any person other than an organisation for whom they know the individual is carrying out a regulated role with children or, as the case may be, a regulated role with adults.]

(4)Where, after considering whether to list an individual, Ministers decide not to do so, they must give notice of that fact to—

(a)the individual,

(b)where Ministers have decided not to include the individual in the children's list, any organisation for which they know the individual is [F10carrying out a regulated role] with children [F11and any personnel supplier whom they know has offered or supplied the scheme member to carry out a regulated role with children],

(c)where Ministers have decided not to include the individual in the adults' list, any organisation for which they know the individual is [F12carrying out a regulated role] with adults [F13and any personnel supplier whom they know has offered or supplied the scheme member to carry out a regulated role with adults], and

(d)any relevant regulatory body to whom Ministers gave notice under subsection (2) of the fact that they were considering whether to list the individual.

(5)A notice given under subsection (2) [F14, (3B), (3C)] or (4) may include—

(a)such details as Ministers think appropriate—

(i)where the individual has been barred (by being listed or otherwise), about the circumstances in which the individual was barred,

(ii)where they have decided not to list an individual, about the circumstances in which the individual was considered for listing, and

(b)any other information about the individual which Ministers think appropriate.

(6)Where Ministers remove an individual from a list under section 29, they must give notice of that fact to—

(a)the individual, and

(b)any relevant regulatory body whom they think it would be appropriate to notify of that fact (having regard to the period for which the individual has been listed).

(7)The following persons are “relevant regulatory bodies”—