Section 8 Reference by certain other persons

Scotland

A person to whom this section applies may give Ministers any prescribed information that the person holds in relation to an individual who is or has been F1carrying out a regulated role if—

(a)

on the basis of information obtained by the person in the exercise of relevant functions, the person considers that the referral ground is met (regardless of whether the conduct to which the information relates occurred before or after this section comes into force), and

(b)

prescribed information in relation to the individual has not been given to Ministers under sections 3 to 6 in respect of the conduct to which the information relates.

(2)

This section applies to—

F2Councils
The General Teaching Council for Scotland
F3Healthcare Improvement Scotland
F4An integration joint board established by order under section 9 of the Public Bodies (Joint Working) (Scotland) Act 2014
The Registrar of Chiropractors
The registrar of dentists and dental care professionals
The registrar of the General Medical Council
The registrar of the General Optical Council
The Registrar of health professionals
The Registrar of nurses and midwives
The Registrar of Osteopaths
F5 The registrar of pharmacists
F6...
The Scottish Social Services Council
F7 Social Care and Social Work Improvement Scotland
Any other person specified in an order made by Ministers

(3)

For the purposes of this section, “relevant functions” means—

F8(za)

in relation to a council or an integration joint board mentioned in subsection (2), such functions as are conferred on either of them by the Social Work (Scotland) Act 1968, the Children (Scotland) Act 1995, the Adults with Incapacity (Scotland) Act 2000, the Adult Support and Protection (Scotland) Act 2007 or the Children and Young People (Scotland) Act 2014,

I3(a)

in relation to the General Teaching Council for Scotland, such functions as are conferred on it by virtue of the F9Public Services Reform (General Teaching Council for Scotland) Order 2011,

F10( aa)

in relation to Healthcare Improvement Scotland, such functions as are conferred on it by virtue of the National Health Service (Scotland) Act 1978 (c. 29) and any other enactment,

(b)

in relation to registrars mentioned in subsection (2), such functions as are conferred on them by virtue of any enactment,

(c)

in relation to F11... the Scottish Social Services Council, such functions as are conferred on F12 it by virtue of the 2001 Act and any other enactment, F13...

F14(ca)

in relation to Social Care and Social Work Improvement Scotland, such functions as are conferred on it by virtue of the 2010 Act and any other enactment, and

I4(d)

in relation to a person specified in an order made under subsection (2), such functions as are specified by the order.

Annotations

Textual amendments

F1: Words in s. 8(1) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(7) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.
F2: Words in s. 8(2) inserted (30.9.2024) by Disclosure (Scotland) Act 2020 (asp 13), ss. 82(2)(a), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch.
F3: Words in s. 8(2) inserted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 17 para. 36(a)(i); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.
F4: Words in s. 8(2) inserted (30.9.2024) by Disclosure (Scotland) Act 2020 (asp 13), ss. 82(2)(b), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch.
F5: Words in s. 8(2) substituted (27.9.2010) by The Pharmacy Order 2010 (S.I. 2010/231), art. 1(5), Sch. 4 para. 16(a); S.I. 2010/1621, art. 2(1), Sch.
F6: S. 8(2) entry repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 28(a)(i); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.
F7: Words in s. 8(2) inserted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 28(a)(ii); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.
F8: S. 8(3)(za) inserted (30.9.2024) by Disclosure (Scotland) Act 2020 (asp 13), ss. 82(3), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch.
F9: Words in s. 8(3)(a) substituted (2.4.2012) by The Public Services Reform (General Teaching Council for Scotland) Order 2011 (S.S.I. 2011/215), Sch. 6 para. 2(2)
F10: S. 8(3)(aa) inserted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 17 para. 36(a)(ii); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.
F11: Words in s. 8(3)(c) repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 28(b)(i); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.
F12: Word in s. 8(3)(c) substituted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 28(b)(ii); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.
F13: Word in s. 8(3) repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 28(b)(iii); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.
F14: S. 8(3)(ca) inserted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 14 para. 28(b)(iv); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.

Commencement

I1: S. 8(1)(2) in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.
I2: S. 8(1)(2) in force at 28.2.2011 in so far as not already in force by S.S.I. 2011/157, art. 2(a)
I3: S. 8(3)(a)-(c) in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
I4: S. 8(3)(d) in force at 12.10.2010 by S.S.I. 2010/344, art. 2(a)(i)