Restrictions on participating in regulated activity
Use of barred person for regulated activity13
1
A person commits an offence if—
a
he permits an individual (B) to engage in regulated activity from which B is barred,
b
he knows or has reason to believe that B is barred from that activity; and
c
B engages in that activity.
2
A personnel supplier commits an offence if—
a
he supplies an individual (B) to another (P),
b
he knows or has reason to believe that P will make arrangements for B to engage in regulated activity from which B is barred, and
c
he knows or has reason to believe that B is barred from that activity.
3
A person guilty of an offence under this Article is liable—
a
on conviction on indictment, to imprisonment for a term not exceeding 5 years, or to a fine, or to both;
b
on summary conviction, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding the statutory maximum, or to both.
4
It is a defence for a person charged with an offence under this Article to prove—
a
that he reasonably thought that it was necessary for the barred person to engage in the activity for the purpose of preventing harm to a child or vulnerable adult (as the case may be),
b
that he reasonably thought that there was no other person who could engage in the activity for that purpose, and
c
that the barred person engaged in the activity for no longer than was necessary for that purpose.
5
For the purposes of this Article, Schedule 2 is modified as follows—
a
in paragraph 1, sub-paragraphs (1)(b) and (2)(a) must be disregarded;
b
in paragraph 7(1), the words “if it is carried out frequently by the same person or the period condition is satisfied” must be disregarded;
c
in paragraph 7(4), paragraph (a) must be disregarded.