Section 45E Power to require organisations to stop using individuals for regulated roles without scheme membershipF1

(1)

Ministers may by regulations—

(a)

prohibit an organisation from permitting an individual to carry out a regulated role,

(b)

require an organisation to remove an individual from a regulated role,

where the individual does not participate in the Scheme in relation to that type of regulated role.

(2)

Regulations under subsection (1) may in particular—

(a)

impose prohibitions or requirements—

(i)

in relation to particular types of organisations,

(ii)

in relation to particular kinds of regulated roles,

(b)

otherwise limit the purposes 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.

(3)

An organisation which fails to comply with regulations made under subsection (1) commits an offence.

(4)

It is a defence for an organisation charged with an offence under subsection (3) to prove that it did not know, and could not reasonably be expected to have known, that the individual does not participate in the Scheme in relation to that type of regulated role.

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