http://www.legislation.gov.uk/ssi/2003/231/contents/made

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

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Legislation

King's Printer for Scotland

2015-01-20

REHABILITATION OF OFFENDERS

This Order consolidates the Orders (S.I. 1975/1023, 1986/1249 and 1986/2268) that exclude and make exceptions to the provisions of section 4 (effect of rehabilitation) of the Rehabilitation of Offenders Act 1974. It excludes further proceedings and types of work from certain provisions within that section and updates the terms used to reflect recent Scottish legislation, including the Regulation of Care (Scotland) Act 2001 and the Protection of Children (Scotland) Act 2003.

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

Sch. 4

Pt. 4

The Public Services Reform (General Teaching Council for Scotland) Order 2011

Sch. 6

para. 6

art. 2

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

Sch. 3

para. 7(1)(a)

The Postal Services Act 2011 (Consequential Modifications and Amendments) Order 2011

Sch. 1

para. 55

art. 1(2)

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

art. 2(1)

The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011

Sch. 1

para. 29(a)(i)

art. 1

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

art. 2(1)

The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011

Sch. 1

para. 29(a)(ii)

art. 1

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

Sch. 1

para. 9

The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011

Sch. 1

para. 29(b)

art. 1

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

Sch. 4 Pt. 2

para. 26

The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011

Sch. 1

para. 29(c)(i)

art. 1

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

Sch. 4 Pt. 2

para. 33

The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011

Sch. 1

para. 29(c)(ii)

art. 1

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

Sch. 4 Pt. 2

para. 19

The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011

Sch. 3

para. 1

art. 1

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

art 2

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

art 2

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

sch 4

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

art 2

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

sch 4

The Judiciary and Courts (Scotland) Act 2008 (Consequential Modifications) Order 2009

art 4

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

sch 3

The Adoption and Children (Scotland) Act 2007 (Modification of Subordinate Legislation) Order 2009

art 2 schedule

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

Sch. 4 Pt. 1

para. 8A

The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009

Sch. 4

para. 28(a)

art. 1(5)

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

Sch. 4 Pt. 1

para. 13

The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009

Sch. 4

para. 9(a)

art. 1(9)

art. 2(1)(c)

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

Sch. 4

Pt. 4

The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009

Sch. 4

para. 9(b)

art. 1(9)

art. 2(1)(c)

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

Sch. 4

Pt. 4

The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009

Sch. 4

para. 28(b)

art. 1(5)

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

sch 1

The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Amendment Order 2007

art 3

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

sch 3

The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Amendment Order 2007

art 4

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

sch 4

The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Amendment Order 2007

art 5

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

Sch. 4 Pt. 1

para. 8

The Pharmacists and Pharmacy Technicians Order 2007

Sch. 1

para. 31(a)

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

Sch. 4

Pt. 4

The Pharmacists and Pharmacy Technicians Order 2007

Sch. 1

para. 31(b)

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

art 2

The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Amendment Order 2010

arts 2

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

art 2

The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Amendment Order 2010

arts 2

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

sch 1

The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Amendment Order 2010

art 2

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

sch 3

The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Amendment Order 2010

arts 2

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

sch 3

The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Amendment Order 2010

arts 2

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

Sch. 4

Pt. 4

The Pharmacy Order 2010

Sch. 4

para. 37(a)

Sch. 5 Sch. 6

para. 5

art. 1(5)

art. 2(1)

Sch.

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

Sch. 4

Pt. 4

The Pharmacy Order 2010

Sch. 4

para. 37(b)

Sch. 5 Sch. 6

para. 5

art. 1(5)

art. 2(1)

Sch.

Sch. 1

para. 11

reg. 51

Sch. 7

Pt. B

regs. 4

reg. 1(1)

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

The Public Contracts (Scotland) Regulations 2012

Sch. 1

para. 11

reg. 50

Sch. 5

Pt. B

regs. 3-7

reg 1(1)

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

The Utilities Contracts (Scotland) Regulations 2012

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

Sch. 4

para. 10

The Health and Social Care Act 2012 (Consequential Provision—Social Workers) Order 2012

Sch.

para. 34

art. 1(2)

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

Sch. 1

para. 4

The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Subordinate Legislation) Order 2005

art. 2

Sch.

para. 44

art. 1

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

Sch. 4 Pt. 1

para. 4

The Dentists Act 1984 (Amendment) Order 2005

Sch. 6

para. 14

Sch. 7

art. 1(4)-(7)

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

Order

The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013

Sch. 5

art. 1(1)

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

Sch. 4 Pt. 1

para. 6

The Health Act 1999 (Consequential Amendments) (Nursing and Midwifery) Order 2004

Sch.

para. 17

art. 1(1)

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

Sch. 4 Pt. 1

para. 10

The Health Professions Order 2001 (Consequential Amendments) Order 2003

Sch.

para. 7

art. 1

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

1Citation, commencement and extent

2Interpretation

3Exclusion of section 4(1) of the Act

4Exclusion of section 4(2)(a) and (b) of the Act

5Exceptions from section 4(3) of the Act

6Revocation

SCHEDULE 1PROCEEDINGS

1Proceedings in respect of a person’s admission to, or disciplinary...

2Disciplinary proceedings against a constable.

3Proceedings before the Gaming Board for Great Britain.

4Proceedings under the Mental Health (Scotland) Act 1984 before the...

5Proceedings under the Firearms Act 1968 in respect of–

6Proceedings in respect of the grant, renewal or variation of...

7Proceedings in respect of a determination by the Scottish Ministers...

8Proceedings in respect of an application for, or cancellation of...

9Proceedings before the Scottish Commission for the Regulation of Care...

10Proceedings on an application to the police or a court...

11Proceedings by way of appeal against, or review of, any...

12Proceedings held for the receipt of evidence affecting the determination...

13Proceedings held in respect of an application for the grant,...

14Proceedings– (a) before the National Lottery Commission in respect of...

15Proceedings in connection with a decision of the Scottish Social...

SCHEDULE 2FINANCIAL SERVICES

Part 1Decisions referred to at Articles 3(b) and 5(c)

1Any decision by the Financial Services Authority–

2Any decision by the scheme operator within the meaning of...

3Any decision of the competent authority for listing–

4Any decision of anyone who is specified in any of...

5Any decision of anyone who is specified in sub paragraph...

6Any decision of the Council of Lloyd's–

7Any decision of a UK recognised investment exchange or UK...

Part 2Table referred to in Part 1 of this Schedule and in paragraph 8 of Schedule 3

Part 3Interpretation

In this Schedule– “the 2000 Act” means the Financial Services...

SCHEDULE 3EXCLUSION OF SECTION 4(2)(a) AND (b) OF THE ACT

1Application

2Interpretation

3Requirements to inform

4Specified professions etc.

5Child minding

6Adoption and fostering

7National security

8Financial services

9The National Lottery Commission

SCHEDULE 4EXCEPTED PROFESSIONS, OFFICES, EMPLOYMENTS, AND OCCUPATIONS

Part 1Professions

1Medical practitioner.

2Advocate, solicitor.

3Accountant.

4Dentist, dental hygienist, dental auxiliary.

5Veterinary surgeon.

6Nurse, midwife, health visitor.

7Ophthalmic optician, dispensing optician.

8Pharmaceutical chemist.

9Registered teacher.

10Any profession to which the Professions Supplementary to Medicine Act...

11Registered osteopath.

12Registered chiropractor.

13Chartered psychologist.

14Actuary.

15Registered European lawyer, registered foreign lawyer.

16Social worker.

17Social service worker.

Part 2Offices and employments

1Judicial appointments.

2Prosecutors, officers assisting prosecutors, and officers assisting in the work...

3Signing justices, and their clerks and assistants.

4Clerks (including depute and assistant clerks) and officers of the...

5Precognition agents.

6Constables, police custody and security officers, persons appointed as police...

7Any employment which is concerned with the administration of, or...

8Traffic wardens appointed under section 95 of the Road Traffic...

9Any employment or work which is concerned with the provision...

10Any employment or work which is concerned with the provision...

11Any employment or work in a child care position.

12Any person who provides a service, or who seeks to...

13Any employment in the Scottish Society for the Prevention of...

14Any office or employment in the Serious Fraud Office.

15Any office or employment in the National Crime Squad or...

16Any office or employment in Her Majesty’s Customs and Excise....

17Any employment which is concerned with the monitoring, for the...

18Any office or employment in the Scottish Social Services Council....

19Her Majesty’s Inspectors or any person appointed by the Scottish...

20The Principal Reporter or officers appointed under section 128(5) of...

21Members of a panel established by virtue of section 101(1)...

Part 3Occupations

1Firearms dealer.

2Any occupation in respect of which an application to the...

3Any occupation which is concerned with the management of a...

4Any occupation in respect of which the holder, as occupier...

5Taxi driver or private hire driver.

Part 4Interpretation

In this Schedule– “actuary” means a member of the Institute...

2003 No. 231

REHABILITATION OF OFFENDERS

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

Made28th March 2003

Coming into force29th March 2003

The Scottish Ministers, in exercise of the powers conferred by sections 4(4), 7(4) and 10(1) of the Rehabilitation of Offenders Act 19741 and of all other powers enabling them in that behalf, hereby make the following Order, a draft of which has, in accordance with section 10(2) of that Act, been laid before and approved by resolution of the Scottish Parliament: