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

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Article 3

SCHEDULE 1PROCEEDINGS

1.  Proceedings in respect of a person’s admission to, or disciplinary proceedings against a member of, any profession specified in Part 1 of Schedule 4 to this Order.

2.  Disciplinary proceedings against a constable.

3.  Proceedings before the Gaming Board for Great Britain.

4.  Proceedings under the Mental Health (Scotland) Act 1984(1) before the Sheriff or the Mental Welfare Commission for Scotland.

5.  Proceedings under the Firearms Act 1968(2) in respect of–

(a)the registration of a person as a firearms dealer, the removal of a person’s name from a register of firearms dealers or the imposition, variation or revocation of conditions of any such registration; or

(b)the grant, renewal, variation or revocation of a firearm certificate; or

(c)the grant, renewal or revocation of a shot gun certificate; or

(d)the grant of a permit under section 7(1), 9(2) or 13(1)(c) of that Act.

6.  Proceedings in respect of the grant, renewal or variation of a licence under section 25 (Restrictions on persons under eighteen going abroad for the purpose of performing for profit) of the Children and Young Persons Act 1933(3).

7.  Proceedings in respect of a determination by the Scottish Ministers as to the suitability of a person to be the proprietor of an independent school within the meaning of section 135 of the Education (Scotland) Act 1980(4) including proceedings before an Independent Schools Tribunal in respect of the above matters under section 102 of the Education (Scotland) Act 1980.

8.  Proceedings in respect of an application for, or cancellation of the Secretary of State’s approval of a place under section 1 of the Abortion Act 1967(5).

9.  Proceedings before the Scottish Commission for the Regulation of Care under the 2001 Act in respect of applications for registration under sections 7 or 8 of that Act or variation or removal of a condition, or cancellation of registration under section 14 of that Act.

10.  Proceedings on an application to the police or a court of summary jurisdiction for a certificate under any Order in Council made under section 43 of the Explosives Act 1875(6) as to the fitness of the applicant to keep explosives.

11.  Proceedings by way of appeal against, or review of, any decision taken, by virtue of any of the provisions of this Order, on consideration of a spent conviction.

12.  Proceedings held for the receipt of evidence affecting the determination of any question arising in any proceedings specified in this Schedule.

13.  Proceedings held in respect of an application for the grant, renewal, or cancellation of a licence to be a taxi driver or private hire driver.

14.  Proceedings–

(a)before the National Lottery Commission in respect of the grant or revocation of a licence under Part 1 of the National Lottery etc. Act 1993(7); or

(b)by way of appeal to the Secretary of State against the revocation of any such licence by the National Lottery Commission.

15.  Proceedings in connection with a decision of the Scottish Social Services Council under Part 3 of the 2001 Act.

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