OpenLegislation

Section 45C Individuals must be scheme members to carry out regulated rolesF1

(1)

It is an offence for an individual to carry out, or to agree to carry out, any type of regulated role unless the individual participates in the Scheme in relation to that type of regulated role.

(2)

For the purposes of subsection (1), an individual is not to be treated as having agreed to carry out a regulated role if the individual's agreement is subject to the individual's participating in the Scheme in relation to that type of role.

(3)

It is a defence for an individual charged with an offence under subsection (1)—

(a)

to prove that the individual did not know, and could not reasonably be expected to have known, that the role concerned was a regulated role, and

(b)

where the individual participated in the Scheme in relation to the type of regulated role concerned and the individual's membership of the Scheme in relation to that type of regulated role was not renewed, to prove that the individual did not know, and could not reasonably be expected to have known, that the individual's membership of the Scheme had not been renewed.

(4)

Subsection (1) does not apply to an individual who is—

(a)

barred from the type of regulated role concerned (but see section 34),

(b)

aged under 16.

Annotations

Textual amendments

F1

Ss. 45C-45G inserted (30.9.2024 for specified purposes, 1.4.2025 for specified purposes, 1.7.2025 in so far as not already in force) 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)(3), sch. (with regs. 11, 12)

Notes on Part 2

Modifications

C1

Pt. 2 modified (28.2.2011) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Consequential Provisions) Order 2010 (S.I. 2010/2660), arts. 1, 22

C2

Pt. 2 modified (28.2.2011) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Consequential Provisions) Order 2010 (S.I. 2010/2660), arts. 1, 21