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The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Amendment) (Scotland) Order 2006

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Citation, commencement and extent

1.—(1) This Order may be cited as the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Amendment) (Scotland) Order 2006.

(2) This Order shall come into force in accordance with the following sub paragraphs:–

(a)articles 2, 3(a) and 5(b) to (d) shall come into force on the day after the day on which this Order is made;

(b)articles 3(b) and 4 shall come into force on 31st March 2006 or, if this Order has not been made by 30th March 2006, on the day after the day on which it is made; and

(c)article 5(a) shall come into force on 1st April 2006 or if this Order has not been made by 31st March 2006, on the day after the day on which it is made.

(3) This Order extends to Scotland and, in so far as it extends beyond Scotland, it does so only as a matter of Scots law.

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

2.  The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2003(1) is amended in accordance with the following provisions of this Order.

Amendment of Schedule 1

3.  In Schedule 1–

(a)in paragraph 8 for “Secretary of State's” substitute “Scottish Ministers'”;

(b)after paragraph 15, insert–

16.  Proceedings in respect of a decision by a local authority to–

(a)refuse to enter a person in; or

(b)remove a person from,

the register maintained by the authority under section 82(1) of the Antisocial Behaviour etc. (Scotland) Act 2004.(2).

Amendment of Schedule 3

4.  At the end of Schedule 3, insert–

Registration of certain landlords

10.  Any question asked by or on behalf of a local authority in order to assess whether–

(a)a relevant person within the meaning of section 83(8) of the Antisocial Behaviour etc. (Scotland) Act 2004 (“the 2004 Act”); or

(b)a person acting for that person within the meaning of section 83(1) or 88(1) of the 2004 Act,

is a fit and proper person for the purpose of determining whether the relevant person should be entered in or removed from the register maintained by the local authority under section 82(1) of the 2004 Act..

Amendment of Schedule 4

5.  In Schedule 4–

(a)in paragraph 15 of Part 2 for “National Crime Squad or the National Criminal Intelligence Service” substitute “Serious Organised Crime Agency”;

(b)in paragraph 16 of Part 2 for “Customs and Excise” substitute “Revenue and Customs”;

(c)in paragraph 3 of Part 3, for “Secretary of State” substitute “Scottish Ministers”; and

(d)in the definition of work in Part 4, for “16” substitute “18”.

CATHY JAMIESON

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

30th March 2006

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