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

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Part 2Offices and employments

1.  Judicial appointments.

2.  Prosecutors, officers assisting prosecutors, and officers assisting in the work of the Crown Office.

3.  Signing justices, and their clerks and assistants.

4.  Clerks (including depute and assistant clerks) and officers of the High Court of Justiciary, the Court of Session and the district court, sheriff clerks (including sheriff clerks depute) and their clerks and assistants.

5.  Precognition agents.

6.  Constables, police custody and security officers, persons appointed as police cadets to undergo training with a view to becoming constables and persons employed for the purposes of, or to assist the constables of, a police force established under any enactment, naval, military and air force police.

7.  Any employment which is concerned with the administration of, or is otherwise normally carried out wholly or partly within the precincts of a prison, remand centre, young offenders institution, detention centre or removal centre, and members of visiting committees for prisons appointed under rules made under section 39 of the Prisons (Scotland) Act 1989(1) and members of visiting committees for remand centres and young offenders institutions appointed under section 19(3) of that Act.

8.  Traffic wardens appointed under section 95 of the Road Traffic Regulation Act 1984(2) or section 9 of the Police (Scotland) Act 1967(3).

9.  Any employment or work which is concerned with the provision of a care service.

10.  Any employment or work which is concerned with the provision of health services and which is of such a kind as to enable the holder to have access to persons in receipt of such services in the course of that person’s normal duties.

11.  Any employment or work in a child care position.

12.  Any person who provides a service, or who seeks to provide a service under Part 4 of the Adults with Incapacity (Scotland) Act 2000(4).

13.  Any employment in the Scottish Society for the Prevention of Cruelty to Animals where the person employed or working, as part of his or her duties, may carry out the killing of animals.

14.  Any office or employment in the Serious Fraud Office.

15.  Any office or employment in the National Crime Squad or the National Criminal Intelligence Service.

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

17.  Any employment which is concerned with the monitoring, for the purposes of child protection, of communications by means of the internet.

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

19.  Her Majesty’s Inspectors or any person appointed by the Scottish Ministers for the purposes of section 66 of the Education (Scotland) Act 1980(5) or section 9 of the Standards in Scotland’s Schools etc. Act 2000(6).

20.  The Principal Reporter or officers appointed under section 128(5) of the Local Government etc. (Scotland) Act 1994(7) to assist that officer.

21.  Members of a panel established by virtue of section 101(1) of the Children (Scotland) Act 1995(8) (panels for curators ad litem, reporting officers and safeguarders).

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