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Section 2 Referral groundI1

The referral ground—

F1(a)

in relation to an individual who is or has been carrying out (or has been offered or supplied for) a regulated role with children, is that the individual has, whether or not in the course of the individual carrying out that role—

(i)

harmed a child,

(ii)

placed a child at risk of harm,

(iii)

engaged in inappropriate conduct involving pornography,

(iv)

engaged in inappropriate conduct of a sexual nature involving a child, or

(v)

given inappropriate medical treatment to a child,

F2(b)

in relation to an individual who is or has been carrying out (or has been offered or supplied for) a regulated role with adults, is that the individual has, whether or not in the course of the individual carrying out that role—

(i)

harmed a protected adult,

(ii)

placed a protected adult at risk of harm,

(iii)

engaged in inappropriate conduct involving pornography,

(iv)

engaged in inappropriate conduct of a sexual nature involving a protected adult, or

(v)

given inappropriate medical treatment to a protected adult.

Annotations

Textual amendments

F1

Words in s. 2(a) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(2)(a) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F2

Words in s. 2(b) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(2)(b) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

Commencement

I1

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