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 (No. 2) Order 2022
Made
Coming into force
The Scottish Ministers make the following Order in exercise of the powers conferred by sections 4(4), 10(1) and 10A(1) 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 instrument has been laid before and approved by resolution of the Scottish Parliament.
Citation and commencement1
This Order may be cited as the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Amendment (No. 2) Order 2022 and comes into force on 19 December 2022.
Amendment of Schedule A1 of the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 20132
1
Schedule A1 (offences which must be disclosed subject to exceptions) of the Rehabilitation of Offenders Act 1974 (Exclusion and Exceptions) (Scotland) Order 20133 is amended as follows.
2
After paragraph 9 insert—
9A
Defeating the ends of justice.
3
After paragraph 10 insert—
10A
Embezzlement.
4
After paragraph 12 insert—
12A
Housebreaking with intent to steal.
5
After paragraph 13 insert—
13A
Perverting the course of justice (by whatever means and however the offence is described), including in particular—
a
false accusation of a crime,
b
perjury,
c
prevarication on oath,
d
prison breaking,
e
subornation of perjury.
6
Omit paragraphs 13 and 14.
7
After paragraph 16 insert—
16A
Robbery.
16B
Wilful fire-raising.
8
Omit paragraphs 17 and 18.
9
After paragraph 23 insert—
Bribery23A
An offence under the Bribery Act 20104.
10
Omit paragraphs 20 to 23.
11
After paragraph 24 insert—
Computer misuse24A
An offence under section 3ZA of the Computer Misuse Act 1990 (unauthorised acts causing, or creating risk of, serious damage)5.
Domestic abuse
24B
An offence under section 76 of the Serious Crime Act 2015 (controlling or coercive behaviour in an intimate or family relationship)6.
24C
An offence under section 2 of the Domestic Abuse (Scotland) Act 2011 (breach of domestic abuse interdict with power of arrest)7.
24D
An offence under section 1 of the Domestic Abuse (Scotland) Act 2018 (abusive behaviour towards partner or ex-partner)8.
12
After paragraph 25 insert—
False statements and declarations25A
An offence under section 44 of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements and declarations)9.
13
Before paragraph 26 insert—
25B
An offence under section 1A of the Prevention of Crime Act 1953 (offence of threatening with offensive weapon in public)10.
14
Omit paragraph 26(l), (m), (n), (o) and (p).
15
After paragraph 27 insert—
27A
An offence under section 139AA of the Criminal Justice Act 1988 (offence of threatening with article with blade or point or offensive weapon)11.
16
Before paragraph 28 insert—
27B
An offence under section 9 of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 (offence of breaching order)12.
17
After paragraph 28 insert—
Fraud and forgery28A
An offence under any of the following provisions of the Forgery and Counterfeiting Act 198113—
a
Part 1 (forgery and kindred offences),
b
section 14 (offences of counterfeiting notes and coins),
c
section 15 (offences of passing etc. counterfeit notes and coins),
d
section 16 (offences involving custody or control of counterfeit notes and coins),
e
section 17 (offences involving the making or custody or control of counterfeiting materials and implements).
Harassment
28B
An offence under section 234A of the Criminal Procedure (Scotland) Act 1995 (non-harassment orders)14.
28C
An offence under any of the following provisions of the Protection from Harassment Act 199715—
a
section 2 (offence of harassment)16,
b
section 2A (offence of stalking)17,
c
section 4 (putting people in fear of violence)18,
d
section 4A (stalking involving fear of violence or serious alarm or distress)19,
e
section 9 (breach of non-harassment order)20.
Health28D
An offence under any of the following provisions of the Health and Care Act 202221—
a
section 140 (offence of virginity testing: Scotland),
b
section 141 (offence of offering to carry out virginity testing: Scotland),
c
section 142 (offence of aiding or abetting etc. a person to carry out virginity testing: Scotland),
d
section 152 (offence of carrying out hymenoplasty: Scotland),
e
section 153 (offence of offering to carry out hymenoplasty: Scotland),
f
section 154 (offence of aiding or abetting etc. a person to carry out hymenoplasty: Scotland).
18
After paragraph 31 insert—
31A
An offence under section 3A of the Female Genital Mutilation Act 2003 (offence of failing to protect girl from risk of genital mutilation)22.
19
After paragraph 32 insert—
32A
An offence under any of the following provisions of the Human Trafficking and Exploitation (Scotland) Act 201523—
a
section 1 (offence of human trafficking),
b
section 4 (slavery, servitude, and forced or compulsory labour),
c
section 32(1) (breach of certain orders).
Insolvency32B
An offence under any of the following provisions of the Insolvency Act 198624—
a
section 206 (fraud, etc. in anticipation of winding up)25,
b
section 207 (transactions in fraud of creditors),
c
section 208 (misconduct in course of winding up)26,
d
section 209 (falsification of company’s books),
e
section 210 (material omissions from statement relating to company’s affairs),
f
section 211 (false representations to creditors).
20
After paragraph 34 insert—
34A
An offence under any of the following provisions of the Dentists Act 198427—
a
section 38 (prohibition on practice of dentistry by laymen)28,
b
section 39 (prohibition on use of practitioners’ titles by laymen)29.
34B
An offence under section 28(1) of the Opticians Act 1989 (penalty for pretending to be registered etc.)30.
34C
An offence under section 32 of the Osteopaths Act 1993 (offences)31.
34D
An offence under section 32 of the Chiropractors Act 1994 (offences)32.
34E
An offence under article 39 of the Health Professions Order 2001 (offences)33.
34F
An offence under article 44 of the Nursing and Midwifery Order 2001 (offences)34.
21
After paragraph 37 insert—
37A
An offence under the Official Secrets Act 192035.
37B
An offence under the Official Secrets Act 198936.
Proceeds of crime and money laundering37C
An offence under any of the following provisions of the Proceeds of Crime Act 200237—
a
Part 7 (money laundering), other than section 339(1A),
b
Part 8 (investigations).
22
In paragraph 38—
a
after sub-paragraph (a) insert—
aa
section 9 (permitting girl to use premises for intercourse)38;
b
omit the “and” immediately following sub-paragraph (b),
c
after sub-paragraph (c) insert—
d
section 13(9) (living on the earnings of another from male prostitution)39.
23
Before paragraph 40 insert—
39A
An offence under section 67 of the Serious Organised Crime and Police Act 2005 (offences in connection with disclosure notices or search warrants)40.
24
After paragraph 41 insert—
41A
An offence under section 51A of the Civic Government (Scotland) Act 1982 (extreme pornography)41.
25
For paragraph 43 substitute—
43
An offence under any of the following provisions of the Sexual Offences Act 200342—
a
section 67A (voyeurism: additional offences)43,
b
section 103I (breach of sexual harm prevention order or interim sexual harm prevention order)44,
c
section 113 (breach of sexual offences prevention order or interim sexual offences prevention order, etc.)45,
d
section 122H (breach of sexual risk order or interim sexual risk order)46.
26
After paragraph 44 insert—
44A
An offence under any of the following provisions of the Sexual Offences (Scotland) Act 200947—
a
section 54 (incitement to commit certain sexual acts outside Scotland)48,
b
section 54A (offences committed outside Scotland)49,
c
section 55 (offences committed outside the United Kingdom; child victims)50.
44B
An offence under section 69 of the Serious Crime Act 2015 (possession of paedophile manual)51.
44C
An offence under any of the following provisions of the Abusive Behaviour and Sexual Harm (Scotland) Act 201652—
a
section 2 (disclosing, or threatening to disclose, an intimate photograph or film),
b
section 24 (breach of sexual harm prevention order or interim sexual harm prevention order),
c
section 34 (breach of sexual risk order or interim sexual risk order),
d
section 37 (breach of orders equivalent to orders in Chapters 3 and 4)53.
Solicitors44D
An offence under the Solicitors (Scotland) Act 198054.
27
Omit paragraph 46(a).
28
After paragraph 46 insert—
Taxation46A
An offence under any of the following provisions of the Criminal Finances Act 201755—
a
section 45(1) (failure to prevent facilitation of UK tax evasion offences),
b
section 46(1) (failure to prevent facilitation of foreign tax evasion offences).
29
In paragraph 47—
a
omit the “and” immediately following sub-paragraph (q),
b
after sub-paragraph (q) insert—
qa
section 58B (entering or remaining in a designated area)56;
30
In paragraph 57—
a
for “either” substitute “any”
,
b
omit the “or” immediately after sub-paragraph (a),
c
after sub-paragraph (b) insert—
c
section 5 of the Human Trafficking and Exploitation (Scotland) Act 2015 (aggravation by connection with human trafficking activity)57;
d
section 1 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (offences aggravated by involving abuse of partner or ex-partner).
31
After paragraph 59 insert—
59A
An offence of assault the conviction for which indicates that it resulted in any of the following—
a
disability,
b
disfigurement (permanent or otherwise),
c
impairment (permanent or otherwise)
32
In paragraphs 60 and 61, for “59” substitute “59A”
.
Amendment of Schedule B1 of the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 20133
1
Schedule B1 (offences which are to be disclosed subject to rules) of the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 201358 is amended as follows.
2
Omit paragraph 1.
3
After paragraph 5 insert—
5A
Culpable and reckless conduct to the danger of life.
4
Omit paragraphs 8 and 9.
5
After paragraph 10 insert—
10A
Hijacking.
6
Omit paragraphs 11 and 12.
7
After paragraph 13 insert—
13A
Piracy.
8
Omit paragraph 16.
9
After paragraph 17 insert—
17A
Treason.
10
After paragraph 18 insert—
18A
Uttering threats.
11
Omit paragraphs 19 and 21 to 29.
12
The heading after paragraph 35 becomes—
Aviation, maritime and spaceflight
13
Before paragraph 36 insert—
35A
An offence under the Piracy Act 183759.
14
In paragraph 36, for sub-paragraphs (a) and (b) substitute—
a
section 1 (hijacking)60,
b
section 2 (destroying, damaging or endangering safety of aircraft),
c
section 3 (other acts endangering or likely to endanger safety of aircraft),
d
section 4 (offences in relation to certain dangerous articles).
15
After paragraph 36 insert—
36A
An offence under section 9 of the Aviation and Maritime Security Act 1990 (hijacking of ships)61.
36B
An offence under article 265 of the Air Navigation Order 2016 in respect of a contravention of article 240 of that Order (endangering safety of an aircraft)62.
36C
An offence under any of the following paragraphs of schedule 4 of the Space Industry Act 201863—
a
paragraph 1 (hijacking of spacecraft),
b
paragraph 2 (destroying, damaging or endangering safety of spacecraft),
c
paragraph 3 (other acts of endangering or likely to endanger safety of spacecraft),
d
paragraph 5 (offences in relation to certain dangerous articles).
16
Omit paragraphs 37 and 38.
17
After paragraph 45 insert—
Computer misuse45A
An offence under any of the following provisions of the Computer Misuse Act 199064—
a
section 1 (unauthorised access to computer material)65,
b
section 2 (unauthorised access with intent to commit or facilitate commission of further offences)66,
c
section 3 (unauthorised acts with intent to impair, or with recklessness as to impairing, operation of a computer etc.)67,
d
section 3A (making, supplying or obtaining articles for use in an offence under section 1, 3 or 3ZA)68.
18
Omit paragraph 47.
19
After paragraph 50 insert—
50A
An offence under any of the following provisions of the Psychoactive Substances Act 201669—
a
section 5 (supplying, or offering to supply, a psychoactive substance),
b
section 7 (possession of psychoactive substance with the intent to supply),
c
section 8 (importing or exporting a psychoactive substance),
d
section 9 (possession of a psychoactive substance in a custodial institution),
e
section 48 (offence in relation to enforcement officers).
20
In paragraph 56—
a
omit the “and” immediately following sub-paragraph (d),
b
after sub-paragraph (e) insert—
21
After paragraph 59 insert—
59A
An offence under section 31 of the Air Weapons and Licensing (Scotland) Act 2015 (false statements, certificate and permits)75.
22
Omit paragraph 62.
23
For paragraph 63 substitute—
63
An offence under any of the following provisions of the Forgery and Counterfeiting Act 198176—
a
section 18 (offence of reproducing British currency notes),
b
section 19 (offences of making etc. imitation British coins).
24
25
Omit paragraphs 67 to 69.
26
Omit paragraph 70(d).
27
Omit paragraph 73(b) and (c).
28
After paragraph 74 insert—
Lasers74A
An offence under the Laser Misuse (Vehicles) Act 201879.
29
Omit paragraph 81(b).
30
After paragraph 88 insert—
88A
An offence under section 75 of the Age of Criminal Responsibility (Scotland) Act 201980.
31
Omit paragraph 89.
32
After paragraph 93 insert—
93A
An offence under any of the following provisions of the Offensive Weapons Act 201981—
a
section 1 (sale of corrosive products to persons under 18),
b
section 6 (offence of having a corrosive substance in a public place)82,
c
section 11(5) (offences of obstruction and concealment relating to a search for corrosive substances: Scotland).
33
Omit paragraphs 94 to 96.
34
In paragraph 97—
a
for sub-paragraph (a) substitute—
a
section 339(1A) (making disclosures otherwise than in the prescribed form and manner)83;
b
omit sub-paragraph (b).
35
Omit paragraph 100.
36
After paragraph 102 insert—
102A
An offence under section 68(1) of the Criminal Justice and Public Order Act 1994 (aggravated trespass)84.
37
In paragraph 103—
a
in sub-paragraph (g) for “5(1)(a)” substitute “5(1)”
,
b
omit the “and” immediately following sub-paragraph (g),
c
after sub-paragraph (g) insert—
ga
section 5A (driving or being in charge of a motor vehicle with concentration of specified controlled drug above specified limit)85;
38
Omit paragraph 105.
39
After paragraph 106 insert—
Threatening or abusive behaviour106A
An offence under section 38 of the Criminal Justice and Licensing (Scotland) Act 2010 (threatening or abusive behaviour)86.
40
Omit paragraph 107.
41
After paragraph 109 insert—
109A
An offence under section 1 of the Malicious Communications Act 1988 (sending letters etc. with intent to cause distress or anxiety)87.
42
43
Omit paragraph 111(a).
(This note is not part of the Order)