35AProhibited employees

35A Prohibited employees

(1) A motor car trader must not employ in any customer service capacity in connection with her, his or its business any person who the motor car trader knows—

(a) has had a claim admitted against the Fund (unless the person has obtained permission under section 29A);

S. 35A(1)(ab) inserted by No. 4/2008 s. 12(1).

(ab) is or was a partner or director of, or a person concerned in the management of, a partnership or body corporate that has had a claim admitted against the Fund in relation to an act or omission that occurred at the time the person was a partner or director of, or a person concerned in the management of, the partnership or body corporate (unless the person has obtained permission under section 29A);

S. 35A(1)(b) amended by No. 8/2003 s. 69.

(b) has, within the last 10 years, been convicted or been found guilty of a serious offence (whether or not a conviction was recorded) (unless the person has obtained permission under section 29B);

(c) is for the time being disqualified from holding a licence;

S. 35A(1)(d) amended by No. 4/2008 s. 12(2).

(d) is for the time being disqualified from being employed in any capacity in connection with the business of a motor car trader (regardless of whether or not motor car traders are referred to by that name in the relevant jurisdiction).

S. 35A(1)(e) repealed by No. 4/2008 s. 12(3).

(2) A person who is not permitted to be employed in a customer service capacity by a motor car trader by this section must not participate in a customer service capacity in the business of a motor car trader.

S. 35A(3) substituted by No. 4/2008 s. 12(4).

(3) A motor car trader must not employ any person in any customer service capacity in connection with the motor car trader's business unless the motor car trader has been given a notice in the prescribed form that contains a declaration of the person stating whether or not he or she—

(a) has had a claim admitted against the Fund;

(b) is or was a partner or director of, or a person concerned in the management of, a partnership or body corporate that has had a claim admitted against the Fund in relation to an act or omission that occurred at the time the person was a partner or director of, or a person concerned in the management of, the partnership or body corporate;

(c) has, within the last 10 years, been convicted or found guilty of a serious offence (whether or not a conviction was recorded);

(d) is for the time being disqualified from holding a licence;

(e) is for the time being disqualified from being employed in any capacity in connection with the business of a motor car trader (regardless of whether or not motor car traders are referred to by that name in the relevant jurisdiction);