[F145CIndividuals must be scheme members to carry out regulated rolesS
(1)It is an offence for an individual to carry out, or to agree to carry out, any type of regulated role unless the individual participates in the Scheme in relation to that type of regulated role.
(2)For the purposes of subsection (1), an individual is not to be treated as having agreed to carry out a regulated role if the individual's agreement is subject to the individual's participating in the Scheme in relation to that type of role.
(3)It is a defence for an individual charged with an offence under subsection (1)—
(a)to prove that the individual did not know, and could not reasonably be expected to have known, that the role concerned was a regulated role, and
(b)where the individual participated in the Scheme in relation to the type of regulated role concerned and the individual's membership of the Scheme in relation to that type of regulated role was not renewed, to prove that the individual did not know, and could not reasonably be expected to have known, that the individual's membership of the Scheme had not been renewed.
(4)Subsection (1) does not apply to an individual who is—
(a)barred from the type of regulated role concerned (but see section 34),
(b)aged under 16.]
Textual Amendments
F1Ss. 45C-45G inserted (30.9.2024 for specified purposes, 1.4.2025 for specified purposes) by Disclosure (Scotland) Act 2020 (asp 13), ss. 73(2), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch.; S.S.I. 2025/27, reg. 3(1)(2), sch. (with reg. 12)