OpenLegislation

Section 36 Personnel suppliers not to supply barred individuals for regulated rolesF4I1

(1)

A personnel supplier commits an offence if it—

(a)

offers or supplies an individual who is barred from F1regulated roles to an organisation, and

(b)

knows or has reason to believe that the organisation will make arrangements for the individual to F2carry out a regulated role from which the individual is barred.

(2)

It is a defence for a personnel supplier charged with an offence under subsection (1) to prove that it did not know, and could not reasonably be expected to have known, that the individual was barred from F3the regulated role.

Annotations

Textual amendments

F1

Words in s. 36(1)(a) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(24)(a)(i) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F2

Words in s. 36(1)(b) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(24)(a)(ii) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F3

Words in s. 36(2) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(24)(b) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

F4

S. 36 title substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(24)(c) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.

Commencement

I1

S. 36 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.