Regulation 6 Amendment of the Consideration for Listing Regulations from 1 April 2026

(1)

The Consideration for Listing Regulations are amended in accordance with paragraphs (2) to (5).

(2)

In regulation 2 (interpretation), in the definition of “individual”—

(a)

in paragraph (b), omit the second “or”,

(b)

after paragraph (c), insert

“or

(d)

who—

(i)

has not applied to renew their membership of the Scheme in relation to a type of regulated role before the end of their discretionary membership period (as defined in section 45B(3)(b)(iii) of the Act), and

(ii)

Ministers have reasonable grounds to believe is carrying out a regulated role;”.

(3)

After regulation 3(5) (procedure for consideration under sections 10, 12 or 13 of the Act whether to list), insert—

“(5A)

The procedure set out in Part 5A of the Schedule applies when Ministers are considering, under section 45B(7) of the Act, whether to list an individual in the children’s list, in the adults’ list or, where applicable, in both lists.”.

(4)

The heading of regulation 3 becomes “Procedure for consideration under sections 10, 12, 13 or 45B(7) of the Act whether to list”.

(5)

In the schedule (procedure for consideration under sections 10, 12 or 13 of the Act whether to list)—

(a)

in paragraph 1(1) (notification of date of decision under section 10, 12 or 13), for “section 10, 12 or 13 of the Act” substitute “section 10, 12, 13 or 45B(7) of the Act”,

(b)

the heading of paragraph 1 becomes “Notification of date of decision under sections 10, 12, 13 or 45B(7)”,

(c)

after Part 5 (consideration procedure where consideration is under section 13(2) or (3) of the Act), insert—

“Part 5A

CONSIDERATION PROCEDURE WHERE CONSIDERATION IS UNDER SECTION 45B(7) OF THE ACT (Failure to apply for renewal of Scheme membership)

Notification of case giving rise to consideration for listing

15A

Ministers must give to the individual—

(a)

details of the date on which the individual’s membership period (within the meaning of section 45A(2) of the Act) commenced, or was renewed, for the type of regulated role in relation to which the individual participates in the Scheme;

(b)

a copy of any notification, sent by Ministers, to the individual setting out the date on which the individual’s membership period (including any extended membership period (as defined in section 45B(2) of the Act) or discretionary membership period (as defined in section 45B(3)(b)(iii)) expired;

(c)

a notice inviting the individual to—

(i)

make representations as to why the individual should not be listed in the children’s list, in the adults’ list or, where applicable, in both lists;

(ii)

submit any comments on the information provided to the individual under sub-paragraph (a) or (b); and

(iii)

submit any further information to Ministers which the individual wishes to be taken into account by Ministers in deciding whether to list the individual in the children’s list, in the adults’ list or, where applicable, in both lists,

within 28 days of the date of receipt of that notice.

Further representations, comments or information to be sent to Ministers

15B

(1)

For the purpose of enabling or assisting Ministers to decide whether to list an individual, Ministers may, by notice, invite—

(a)

any further representations, comments or information from the individual; or

(b)

any information from any other person as Ministers may consider appropriate.

(2)

Any representations, comments or information in response to a notice sent under sub-paragraph (1) are to be supplied to Ministers in such manner and within such time as Ministers may specify in the notice.

Notification of any further information on which Ministers intend to rely in deciding whether to list the individual

15C

Ministers must give to the individual—

(a)

details of any information supplied to Ministers under paragraph 15B(1)(b) on which they intend to rely in deciding whether to list the individual in the children’s list, in the adults’ list or, where applicable, in both lists;

(b)

details of any other information on which they intend to rely including—

(i)

information which they obtain in pursuance of a requirement made under section 18, 19 or 20 of the Act;

(ii)

information which they obtain by performing their functions in relation to the Scheme;

(iii)

any reports provided to Ministers under paragraphs 17(2) or 18(2); and

(c)

a notice inviting the individual to—

(i)

make any further representations as to why the individual should not be listed in the children’s list, in the adults’ list or, where applicable, in both lists;

(ii)

submit comments on any of the information provided under sub-paragraphs (a) or (b); and

(iii)

submit any further supporting information which the individual wishes to be taken into account by Ministers in deciding whether to list the individual in the children’s list, in the adults’ list or, where applicable, in both lists,

in such manner and within such time as Ministers may specify in that notice.”,

(d)

in paragraph 16(1) (notification of further procedure), in the opening words, for “Parts 2, 4 and 5 of this Schedule” substitute “Parts 2, 4, 5 and 5A of this Schedule”,

(e)

in paragraph 17(1)(a) (report by expert advisor), after sub-paragraph (iv), insert—

“(v)

Part 5A of this Schedule, a copy of the information described in paragraph 15A(a) and (b) of this Schedule;”,

(f)

in paragraph 18(1)(a) (assessment by suitably qualified individuals), after sub-paragraph (iv), insert—

“(v)

Part 5A of this Schedule, a copy of the information described in paragraph 15A(a) and (b) of this Schedule;”.