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Regulation 3 Procedure for consideration under sections 10, 12, 13 or 45B(7) of the Act whether to listF5I1

Scotland

(1)

Part 1 of the Schedule applies when Ministers are considering, under section 10, F1... 12, or 13 of the Act, whether to list an individual in the children’s list, in the adults’ list or, where applicable, in both lists.

(2)

The procedure set out in Part 2 of the Schedule applies when Ministers are considering, under section 10(2) or (3) of the Act, whether to list an individual in the children’s list, in the adults’ list or, where applicable, in both lists.

F2(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

The procedure set out in Part 4 of the Schedule applies when Ministers are considering, under section 12(1) or (2) of the Act, whether to list an individual in the children’s list, in the adults’ list or, where applicable, in both lists.

(5)

The procedure set out in Part 5 of the Schedule applies when Ministers are considering, under section 13(2) or (3) of the Act, whether to list an individual in the children’s list, in the adults’ list or, where applicable, in both lists.

F3(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.

(6)

The procedure set out in Part 6 of the Schedule applies in relation to the appointment of expert advisers or suitably qualified individuals to prepare reports when Ministers are considering, under section 10, F4... 12, or 13 of the Act, whether to list an individual in the children’s list, in the adults’ list or, where applicable, in both lists.

(7)

The procedure set out in Part 7 of the Schedule applies when Ministers have decided whether to list an individual in the children’s list, in the adults’ list or, where applicable, in both lists.

Annotations

Textual amendments

F1

Word in reg. 3(1) omitted (12.1.2026) by virtue of The Disclosure (Scotland) Act 2020 (Commencement No. 6, Consequential Amendment, Saving and Transitional Provision) Regulations 2025 (S.S.I. 2025/352), regs. 1(2), 5(3)(a)

F2

Reg. 3(3) omitted (12.1.2026) by virtue of The Disclosure (Scotland) Act 2020 (Commencement No. 6, Consequential Amendment, Saving and Transitional Provision) Regulations 2025 (S.S.I. 2025/352), regs. 1(2), 5(3)(b)

F3

Reg. 3(5A) inserted (1.4.2026) by The Disclosure (Scotland) Act 2020 (Commencement No. 6, Consequential Amendment, Saving and Transitional Provision) Regulations 2025 (S.S.I. 2025/352), regs. 1(3), 6(3)

F4

Word in reg. 3(6) omitted (12.1.2026) by virtue of The Disclosure (Scotland) Act 2020 (Commencement No. 6, Consequential Amendment, Saving and Transitional Provision) Regulations 2025 (S.S.I. 2025/352), regs. 1(2), 5(3)(a)

F5

Reg. 3 heading substituted (1.4.2026) by The Disclosure (Scotland) Act 2020 (Commencement No. 6, Consequential Amendment, Saving and Transitional Provision) Regulations 2025 (S.S.I. 2025/352), regs. 1(3), 6(4)

Commencement

I1

Reg. 3 in force at 28.2.2011, see reg. 1