17Information relevant to listing decisionsS
(1)Ministers must, before making a decision under section 15 or 16—
(a)give the individual whom they are considering whether to list an opportunity to make representations as to why the individual should not be listed, and
(b)consider any such representations.
(2)Ministers may, when deciding whether to list an individual, also consider—
(a)any information which caused them to consider listing the individual,
(b)any information relating to the individual which they obtain—
(i)in pursuance of a requirement made under any of sections 18 to 20, or
(ii)by performing their functions in relation to the Scheme, and
(c)any other information which they think relevant.
(3)An individual who is given an opportunity to make representations under subsection (1) must be given the opportunity to make representations in relation to all of the information on which Ministers intend to rely in deciding whether to list the individual.
(4)The opportunity to make representations under subsection (1) does not include the opportunity to make representations that any relevant finding of fact was wrongly made.
(5)A relevant finding of fact is a finding of fact—
(a)made in legal proceedings,
(b)made in a relevant inquiry report (other than a report relating to an inquiry of the type mentioned in sub-paragraph (ii) of section 31(2)(a)),
(c)made in proceedings before one of the following bodies or any of its committees—
(i)[F1the General Pharmaceutical Council],
(ii)the General Chiropractic Council,
(iii)the General Dental Council,
(iv)the General Medical Council,
(v)the General Optical Council,
(vi)the General Osteopathic Council,
(vii)the General Teaching Council for Scotland,
(viii)[F2 the Health and Care Professions Council ],
(ix)the Nursing and Midwifery Council,
F3(x). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(xi)the Scottish Social Services Council, F4...
[F5(xii)Social Care and Social Work Improvement Scotland, or]
(d)made by any other person, or in any other circumstance, specified by order made by Ministers.
(6)Subsections (1) and (3) do not apply if Ministers do not know and cannot reasonably ascertain the individual's whereabouts.
Textual Amendments
F1Words in s. 17(5)(c)(i) substituted (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 12(3) (with s. 96); S.S.I. 2021/380, reg. 2, sch.
F2Words in s. 17(5)(c)(viii) substituted (1.8.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 56(f); S.I. 2012/1319, art. 2(4)
F3S. 17(5)(c)(x) repealed (1.10.2010 for specified purposes) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 29(a); S.S.I. 2010/321, art. 3, Sch.
F4Word in s. 17(5)(c) repealed (1.10.2010 for specified purposes) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 29(b); S.S.I. 2010/321, art. 3, Sch.
F5S. 17(5)(c)(xii) added (1.10.2010 for specified purposes) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 29(c); S.S.I. 2010/321, art. 3, Sch.
Commencement Information
I1S. 17(1)-(4)(5)(a)-(c)(6) in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
I2S. 17(5)(d) in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.
I3S. 17(5)(d) in force at 28.2.2011 in so far as not already in force by S.S.I. 2011/157, art. 2(a)