3Reference following disciplinary action etc.S
(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).
Textual Amendments
F1Words in s. 3(1) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(3)(a)(i) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.
F2Word in s. 3(1)(a)(ii) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(3)(a)(ii) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.
F3Words in s. 3(1)(b)(i) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(3)(a)(iii) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.
F4Words in s. 3(2) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(3)(b)(i) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.
F5Words in s. 3(2)(a) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(3)(b)(ii) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.
F6Words in s. 3(2)(b) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(3)(b)(iii) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.
F7Words in s. 3(2)(c)(ii) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(3)(b)(iv) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.
F8Words in s. 3(3)(a) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(3)(c)(i) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.
F9Word in s. 3(3)(b) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(3)(c)(ii) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.
Commencement Information
I1S. 3(1)(2) in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.
I2S. 3(1)(2) in force at 28.2.2011 in so far as not already in force by S.S.I. 2011/157, art. 2(a)
I3S. 3(3)(4) in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)