Section 35 Organisations not to use barred individuals for regulated rolesF9

It is an offence for an organisation to offer F1a regulated role to an individual barred from that role.

Ministers may, by regulations, prohibit an organisation from permitting an individual to F2carry out, or require an organisation to remove an individual from, F3a regulated role from which the individual is barred.

Regulations may in particular—

An organisation which fails to comply with regulations made under subsection (2) commits an offence.

An organisation commits an offence under subsection (1) if it offers F5a regulated role to a barred individual who is already working for the organisation.

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 F6that regulated role.

For the purposes of subsection (1), an organisation is not to be treated as having offered F7a 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 F8carry out that role.