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

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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) (Scotland) Amendment Order 2010 and comes into force on the same day as section 91 of the Protection of Vulnerable Groups (Scotland) Act 2007(1).

(2) 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(2) is amended in accordance with articles 3 to 6.

3.  In article 2(1) (interpretation)—

(a)in the definition of “the 2001 Act” omit “and “child minding””;

(b)after the definition of “the 2001 Act” insert—

“the 2007 Act” means the Protection of Vulnerable Groups (Scotland) Act 2007(3);; and

(c)omit the definitions of “adult at risk” and “social care service”.

4.  In Schedule 1 (proceedings)—

(a)for paragraph 21 substitute—

21.  The following proceedings under the Adults with Incapacity (Scotland) Act 2000(4)

(a)proceedings before the sheriff under section 20 of that Act;

(b)proceedings before the Public Guardian or the sheriff under Part 3 of that Act; and

(c)proceedings before the sheriff in respect of intervention orders or guardianship orders within the meaning of that Act.; and

(b)after paragraph 24 insert—

25.  Proceedings before the NHS Tribunal under Part II of the National Health Service (Scotland) Act 1978(5).

26.  Proceedings before the Court of Session or the sheriff in respect of a guardianship order made under section 11 of the Children (Scotland) Act 1995(6).

27.  Proceedings under Part 1 (consideration as to listing) of the 2007 Act..

5.  In Schedule 3 (exclusion of section 4(2)(a) and (b) of the Act)—

(a)in paragraph 1 for “9” substitute “14”;

(b)in paragraph 2 omit the definitions of “foster”, “foster carer” and “private foster carer”;

(c)in paragraph 4—

(i)for sub-paragraph (1)(d) substitute—

(d)of the person to whom the question relates or of any other person to be placed on a register or to hold a licence, certificate or permit specified in sub-paragraph (3) or to be placed on it or hold it subject to a particular condition or restriction.;

(ii)in sub-paragraph (3) before “licences, certificates or permits” insert “register, ”; and

(iii)after sub-paragraph (3)(d) insert—

; or

(e)licences issued under, and the register of approved instructors referred to in, Part V (driving instruction) of the Road Traffic Act 1988(7).;

(d)for paragraph 5 substitute—

5.  Child minding

Any question asked in order to assess the suitability of a person to act as a child minder (within the meaning of section 2(17) of the 2001 Act) where the person whose suitability is being assessed resides on the premises where the child minding would normally take place and the question relates to a person aged 16 or over who resides in the same premises as that person or to a person aged 16 or over who regularly works on them at a time when the child minding takes place.;

(e)in paragraph 6—

(i)omit sub-paragraph (1)(b) and (c);

(ii)after sub-paragraph (1) insert—

(1A) Any question asked by or on behalf of any person for the purpose of assessing, investigating, reviewing or confirming the suitability of any person to—

(a)be a foster carer (within the meaning of section 96 of the 2007 Act); or

(b)be a host parent (within the meaning of paragraph 11A of schedule 2 to the 2007 Act),

in the circumstance set out in sub-paragraph (2)(b).;

(iii)in sub-paragraph (2)(b) for “living” substitute “residing”; and

(iv)after sub-paragraph (2) insert—

(3) Any question asked in order to assess the suitability of an individual seeking appointment as a member of—

(a)an adoption panel or joint adoption panel under regulation 3 or 5 of the Adoption Agencies (Scotland) Regulations 2009(8); or

(b)a fostering panel or joint fostering panel under regulation 17 or 19 of the Looked After Children (Scotland) Regulations 2009(9).; and

(f)after paragraph 12 insert—

Access to information

13.  Any question asked by the Scottish Ministers for the purpose of considering the suitability of a registered person or a nominee of a registered person (within the meaning of the Police Act 1997(10)) to have access to information released under section 113A, 113B, 113CA or 113CB of that Act or sections 52 to 54 of the 2007 Act.

Personnel suppliers

14.  Any question asked by or on behalf of a personnel supplier (within the meaning of section 97(1) of the 2007 Act) in order to assess the suitability of a person to be supplied by the personnel supplier to do regulated work with adults or regulated work with children for another person..

6.  In Schedule 4 (excepted professions, offices, employments, and occupations)—

(a)in Part 2—

(i)for paragraph 4 substitute—

4.  Clerks (including depute and assistant clerks) and officers of the High Court of Justiciary, the Court of Session and the justice of the peace court, sheriff clerks (including sheriff clerks depute) and their clerks and assistants and other support officers assisting in the work of the Scottish Court Service.;

(ii)for paragraph 11 substitute—

11.  Any regulated work with children.;

(iii)omit paragraphs 12 and 24;

(iv)for paragraph 28 substitute—

28.  Any regulated work with adults.; and

(v)after paragraph 32 insert—

33.  Any office or employment in the Scottish Commission for the Regulation of Care.

34.  Any office or employment in the General Teaching Council for Scotland.;

(b)in Part 3 after paragraph 7 insert—

8.  Any occupation in respect of which a licence or registration is required by or under Part V (driving instruction) of the Road Traffic Act 1988.; and

(c)in Part 4—

(i)omit the definition of “child care position”;

(ii)after the definition of “registered teacher” insert—

“regulated work with adults” and “regulated work with children” have the meanings given by section 91(3) and (2), respectively, of the 2007 Act;; and

(iii)for the definition of “work” substitute—

“work” includes work of any kind, whether paid or unpaid and whether under a contract of service or apprenticeship, under a contract for services, or otherwise than under a contract..

Revocations

7.—(1) The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Amendment Order 2009(11) is revoked.

(2) Article 5(d) of the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Amendment) (Scotland) Order 2006(12) is revoked.

ADAM INGRAM

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

9th June 2010

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