Protection of Vulnerable Groups (Scotland) Act 2007

3 Reference following disciplinary action etc.

(1) An organisation must give Ministers any prescribed information which it holds in relation to an individual who is or has been doing regulated work if—

(a) it has, on the referral ground—

(i) dismissed the individual, or

(ii) transferred the individual to a position which does not involve that type of regulated work, or

(b) it would or might have dismissed or so transferred the individual on the referral ground if the individual had not—

(i) otherwise stopped doing regulated work, or

(ii) been working for the organisation for a fixed term.

(2) An organisation must give Ministers any prescribed information which it holds in relation to an individual who has been doing regulated work if—

(a) the individual stops doing the regulated work in circumstances not falling within subsection (1),

(b) the organisation subsequently becomes aware of information which it was unaware of when the individual stopped doing regulated work, and

(c) the organisation considers that, if—

(i) it had been aware of that information at that time, and

(ii) the individual had not stopped doing regulated work,

it would or might have dismissed the individual on the referral ground.

(3) In subsections (1) and (2)—

(a) an individual suspended from regulated work is not to be treated as having stopped doing that work, and

(b) the duty to give Ministers information in relation to the temporary transfer of an individual to another position applies only if the organisation subsequently makes a final decision not to permit the individual to resume the type of regulated work from which the individual was transferred.

(4) This section does not apply to personnel suppliers (see sections 4 and 5).