The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Amendment Order 2009

Amendment of the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2003

2.—(1) The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2003(1) is amended in accordance with the following paragraphs.

(2) In article 2(1) (interpretation)–

(a) after the definition of “administration of justice offence” insert–

““adult at risk” has the meaning given by regulation 10 of the Police Act 1997 (Criminal Records) (Scotland) Regulations 2006(2);”; and

(b) after the definition of “relevant offence” insert–

““social care service” means any service provided by or on behalf of an organisation, not being a care service or a health service, which involves caring for, training of, or support, assistance, advice, counselling or guidance to, individuals relating to their physical or emotional well-being, education, training or welfare needs;”.

(3) In Schedule 4 (excepted professions, offices, employments, and occupations), part 2, at the end, insert–

“28.   Any employment or work concerned with the provision of a social care service which is of such a kind as to enable the holder of the position to have unsupervised one to one contact in the course of that person’s normal duties, with an adult at risk”.

(1)

S.S.I. 2003/231 as amended by S.I. 2004/1771, S.I. 2005/2011, S.S.I. 2005/445, S.S.I. 2006/194, S.S.I. 2007/75 and S.I. 2007/289.

(2)

S.S.I. 2006/96 as amended by S.S.I. 2006/521, 2007/112, 2008/6 and 2009/40. S.S.I. 2006/521 was made in exercise of the powers conferred by sections 112(1)(a), 113A(1)(a), 113B(1)(a), 114(1)(a) and 116(1)(a) of the Police Act 1997. All these powers were repealed by section 79(1) of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14) commenced on 11th January 2008.