[F145DOrganisations not to use individuals for regulated roles without confirming scheme membershipS
(1)It is an offence for an organisation to offer any type of regulated role to an individual unless the organisation has received a Level 2 disclosure in pursuance of a request under section 18(1)(a) of the Disclosure (Scotland) Act 2020 containing a statement confirming that the individual participates in the Scheme in relation to that type of regulated role.
(2)For the purposes of subsection (1), an organisation is not to be treated as having offered a regulated role to an individual if the offer is subject to the organisation receiving a Level 2 disclosure as mentioned in subsection (1).
(3)Subsection (1) does not apply in relation to an individual who is—
(a)barred from the type of regulated role concerned (but see section 35),
(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)