Protection of Vulnerable Groups (Scotland) Act 2007

Offences relating to regulated work

34Barred individuals not to do regulated work

(1)It is an offence for an individual to do, or to seek or agree to do, any regulated work from which the individual is barred.

(2)It is a defence for an individual charged with an offence under subsection (1) to prove that the individual did not know, and could not reasonably be expected to have known—

(a)that the individual was barred from that regulated work, or

(b)that the work concerned was regulated work.

35Organisations not to use barred individuals for regulated work

(1)It is an offence for an organisation to offer regulated work to an individual barred from that work.

(2)Ministers may, by regulations, prohibit an organisation from permitting an individual to do, or require an organisation to remove an individual from, regulated work 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 work 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 regulated work 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 doing that regulated work.

(7)For the purposes of subsection (1), an organisation is not to be treated as having offered regulated work 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 do that work.

36Personnel suppliers not to supply barred individuals for regulated work

(1)A personnel supplier commits an offence if it—

(a)offers or supplies an individual who is barred from doing regulated work to an organisation, and

(b)knows or has reason to believe that the organisation will make arrangements for the individual to do regulated work 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 doing the regulated work.

37Penalties for offences relating to regulated work

A person guilty of an offence under section 34, 35 or 36 is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both,

(b)on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine, or to both.