# Protection of Vulnerable Groups (Scotland) Act 2007, Section 35: Organisations not to use barred individuals for regulated roles


(1) It is an offence for an organisation to offer a regulated role to an individual barred from that role.
(2) Ministers may, by regulations, prohibit an organisation from permitting an individual to carry out, or require an organisation to remove an individual from, a regulated role from which the individual is barred.
(3) Regulations may in particular—
(a) impose prohibitions or requirements—
(i) in relation to particular types of organisations only,
(ii) in relation to particular kinds of regulated roles only, or
(b) otherwise limit the purpose for which the prohibition or requirement is to apply (or the area in which it is to apply) in such manner as Ministers think appropriate.
(4) An organisation which fails to comply with regulations made under subsection (2) commits an offence.
(5) An organisation commits an offence under subsection (1) if it offers a regulated role to a barred individual who is already working for the organisation.
(6) 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 that regulated role.
(7) 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 being satisfied (by virtue of information disclosed under Part 2 or otherwise) that the individual is suitable to carry out that role.

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Source: https://www.legislation.gov.uk/asp/2007/14/section/35 (the official version)
Page: https://openlegislation.uk/protection-of-vulnerable-groups-scotland-act-2007/section-35
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.