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Historical Sexual Offences (Pardons and Disregards) (Scotland) Act 2018

Section 10 – Removal of disregarded convictions from official records

39.Section 10 sets out the process to be followed for removing a disregarded conviction for a historical sexual offence from official records.

40.Section 10(1) provides that the Scottish Ministers must remove all references to such a conviction contained in official records held by them and require every relevant record keeper to remove all references to the disregarded conviction from records that they hold.

41.Section 10(2) provides that a relevant record keeper must comply with the requirement under section 10(1) to remove records of a disregarded conviction as soon as reasonably practicable (but not until the disregard has taken effect), and notify the applicant when they have done so.

42.Sections 10(3)-(5) provides the Scottish Ministers with a power to make regulations to prescribe the manner in which disregarded convictions are removed from official records and to prescribe who a “relevant record keeper” is for the purposes of this section.

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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

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