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)A personnel supplier commits an offence if it—
(a)offers or supplies an individual who is barred from [F3regulated roles] to an organisation, and
(b)knows or has reason to believe that the organisation will make arrangements for the individual to [F4carry 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 [F5the regulated role].
Textual Amendments
F2S. 36 title substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(24)(c) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.
F3Words in s. 36(1)(a) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(24)(a)(i) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.
F4Words in s. 36(1)(b) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(24)(a)(ii) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.
F5Words in s. 36(2) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(24)(b) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.
Commencement Information
I1S. 36 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)