OpenLegislation

Section 34 Barred individuals not to carry out regulated rolesF4I1

(1)

It is an offence for an individual to F1carry 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 F2role, or

(b)

that the F3role concerned was a regulated role.

Annotations

Textual amendments

F1

Words in s. 34(1) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(22)(a) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F2

Word in s. 34(2)(a) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(22)(b)(i) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F3

Words in s. 34(2)(b) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(22)(b)(ii) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F4

S. 34 title substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(22)(c) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

Commencement

I1

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

Notes on Offences relating to regulated roles

Textual amendments

F1

S. 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.