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Part 1SThe lists

[F1Offences relating to regulated roles]S

Textual Amendments

34[F2Barred individuals not to carry out regulated roles]S

(1)It is an offence for an individual to [F3carry out, or to seek or agree to carry out, any regulated role] from which the individual is barred.

(2)It is a defence for an individual charged with an offence under subsection (1) to prove that the individual did not know, and could not reasonably be expected to have known—

(a)that the individual was barred from that regulated [F4role], or

(b)that the [F5role concerned was a regulated role].

Textual Amendments

Commencement Information

I1S. 34 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

35[F6Organisations not to use barred individuals for regulated roles]S

(1)It is an offence for an organisation to offer [F7a regulated role to an individual barred from that role].

(2)Ministers may, by regulations, prohibit an organisation from permitting an individual to [F8carry out], or require an organisation to remove an individual from, [F9a regulated role] from which the individual is barred.

(3)Regulations may in particular—

(a)impose prohibitions or requirements—

(i)in relation to particular types of organisations only,

(ii)in relation to particular kinds of regulated [F10roles] only, or

(b)otherwise limit the purpose for which the prohibition or requirement is to apply (or the area in which it is to apply) in such manner as Ministers think appropriate.

(4)An organisation which fails to comply with regulations made under subsection (2) commits an offence.

(5)An organisation commits an offence under subsection (1) if it offers [F11a regulated role] to a barred individual who is already working for the organisation.

(6)It is a defence for an organisation charged with an offence under subsection (1) or (4) to prove that it did not know, and could not reasonably be expected to have known, that the individual was barred from [F12that regulated role].

(7)For the purposes of subsection (1), an organisation is not to be treated as having offered [F13a regulated role] to an individual if the offer is subject to the organisation being satisfied (by virtue of information disclosed under Part 2 or otherwise) that the individual is suitable to [F14carry out that role].

Textual Amendments

Commencement Information

I2S. 35(1)(4)-(7) in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

I3S. 35(2)(3) in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.

I4S. 35(2)(3) in force at 28.2.2011 in so far as not already in force by S.S.I. 2011/157, art. 2(a)

36[F15Personnel suppliers not to supply barred individuals for regulated roles]S

(1)A personnel supplier commits an offence if it—

(a)offers or supplies an individual who is barred from [F16regulated roles] to an organisation, and

(b)knows or has reason to believe that the organisation will make arrangements for the individual to [F17carry out a regulated role] from which the individual is barred.

(2)It is a defence for a personnel supplier charged with an offence under subsection (1) to prove that it did not know, and could not reasonably be expected to have known, that the individual was barred from [F18the regulated role].

Textual Amendments

Commencement Information

I5S. 36 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

37[F19Penalties for offences relating to regulated roles]S

A person guilty of an offence under section 34, 35 or 36 is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both,

(b)on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine, or to both.

Textual Amendments

Commencement Information

I6S. 37 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

[F2037AOffences outside ScotlandS

(1)This section applies where an offence is committed under section 34, 35 or 36 outside Scotland.

(2)The person committing the offence may be prosecuted, tried and punished for the offence—

(a)in a sheriff court district in which the person is apprehended or in custody, or

(b)in a sheriff court district determined by the Lord Advocate,

as if the offence had been committed in that district.

(3)The offence is, for all purposes incidental to or consequential on the trial and punishment, deemed to have been committed in that district.]

Textual Amendments