Section 10 Consideration whether to list: organisational referrals etc.I1

(1)

This section applies

(a)

F1where—

F2(i)

prescribed information relating to an individual has been given to Ministers in pursuance of sections 3 to 6 or 8, and

(ii)

they are satisfied that the information was not given for vexatious or frivolous purposes F3, or

(F4aa)

where prescribed information relating to an individual has been given to Ministers in pursuance of section 6A, or

(b)

where information relating to an individual has been given to Ministers by the F5Disclosure and Barring Service.

(2)

Where Ministers are satisfied that the information indicates that it may be appropriate for the individual to be included in the children's list, they must consider listing the individual in that list.

(3)

Where Ministers are satisfied that the information indicates that it may be appropriate for the individual to be included in the adults' list, they must consider listing the individual in that list.

(4)

For the avoidance of doubt, subsections (2) and (3) apply in relation to an individual regardless of the type of regulated F6role (if any) which the individual is or has been carrying out.

Annotations

Textual amendments

F1: Words in s. 10(1)(a) renumbered as s. 10(1)(a) (18.4.2010 for specified purposes, coming into force in accordance with art. 1(2)), arts. 1(2), 4(2)(a)
F2: S. 10(1)(a)(b) renumbered as s. 10(1)(a)(i)(ii) (18.4.2010 for specified purposes, coming into force in accordance with art. 1(2)) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010 (S.S.I. 2010/446), arts. 1(2), 4(2)(a)
F3: S. 10(1)(b) and word inserted (18.4.2010 for specified purposes, coming into force in accordance with art. 1(2)) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Miscellaneous Provisions) Order 2010 (S.S.I. 2010/446), arts. 1(2), 4(2)(b)
F4: S. 10(1)(aa) inserted (30.9.2024 for specified purposes, 1.4.2025 in so far as not already in force) by Disclosure (Scotland) Act 2020 (asp 13), ss. 80(3), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch.
F5: Words in s. 10(1)(b) substituted (10.12.2021) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 12(2) (with s. 96); S.S.I. 2021/380, reg. 2, sch.
F6: Words in s. 10(4) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(8) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

Commencement

I1: S. 10 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)