Textual Amendments
F1S. 34 cross-heading substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(21) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.
(1)It is an offence for an organisation to offer [F3a regulated role to an individual barred from that role].
(2)Ministers may, by regulations, prohibit an organisation from permitting an individual to [F4carry out], or require an organisation to remove an individual from, [F5a 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 [F6roles] 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 [F7a 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 [F8that regulated role].
(7)For the purposes of subsection (1), an organisation is not to be treated as having offered [F9a 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 [F10carry out that role].
Textual Amendments
F2S. 35 title substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(23)(g) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.
F3Words in s. 35(1) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(23)(a) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.
F4Words in s. 35(2) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(23)(b)(i) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.
F5Words in s. 35(2) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(23)(b)(ii) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.
F6Word in s. 35(3)(a)(ii) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(23)(c) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.
F7Words in s. 35(5) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(23)(d) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.
F8Words in s. 35(6) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(23)(e) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.
F9Words in s. 35(7) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(23)(f)(i) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.
F10Words in s. 35(7) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(23)(f)(ii) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.
Commencement Information
I1S. 35(1)(4)-(7) in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
I2S. 35(2)(3) in force at 18.4.2010 for specified purposes by S.S.I. 2010/133, art. 2, Sch.
I3S. 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)