Draft Order laid before the Scottish Parliament under section 10(2) of the Rehabilitation of Offenders Act 1974, for approval by resolution of the Scottish Parliament.
2022 No.
The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Amendment Order 2022
Made
Coming into force
The Scottish Ministers make the following Order in exercise of the powers conferred on them by sections 4(4) and 10(1), 10A(1) and paragraph 6 of schedule 3 of the Rehabilitation of Offenders Act 19741, and all other powers enabling them to do so.
In accordance with section 10(2) of that Act2, a draft of this Order has been laid before and approved by resolution of the Scottish Parliament.
Citation and commencement1
1
This Order may be cited as the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Amendment Order 2022.
2
This Order comes into force on the day after it is made.
Amendment of the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 20132
1
The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 20133 is amended in accordance with paragraph (2).
2
In schedule 3 (exclusions of section 4(2)(a) and (b) of the Rehabilitation of Offenders Act 1974)—
a
in paragraph 1 (application) after “15” insert “and 17”
,
b
after paragraph 16, insert—
Ukrainian Nationals17
1
Any question asked in order to assess the suitability of a person seeking to provide accommodation to a Ukrainian national, or the immediate family member of a Ukrainian national, who was resident in Ukraine prior to 1 January 2022 and who has left Ukraine in connection with the Russian invasion that took place on 24 February 2022 in either of the circumstances set out in sub-paragraph (2).
2
The circumstances are that—
a
the question relates to the person whose suitability is being assessed and that person resides on the premises that are to be used for the accommodation, or
b
the question relates to a person over the age of 16 residing on the premises that are to be used for the accommodation.
(This note is not part of the Order)