10Consideration whether to list: organisational referrals etc.S
(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
[F2(ii)]they are satisfied that the information was not given for vexatious or frivolous purposes [F3, or
(b)where information relating to an individual has been given to Ministers by the [F4Disclosure 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 work [F5(if any)] which the individual is or has been doing.
Textual Amendments
F1Words 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)
F2S. 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)
F3S. 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)
F4Words 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.
F5Words in s. 10(4) 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(3)
Commencement Information
I1S. 10 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)