116ZACopies of criminal record certificate or enhanced criminal record certificate

1

Subsection (2) applies where—

a

the Scottish Ministers issue a criminal record certificate or an enhanced criminal record certificate, and

b

the certificate does not include details of a conviction for an offence listed in schedule 8B which is—

i

a spent conviction, but

ii

not a protected conviction.

2

The Scottish Ministers must send a copy of the certificate to the relevant person at the same time as they issue the certificate.

3

Subsections (4) and (5) apply where—

a

the Scottish Ministers issue a criminal record certificate or an enhanced criminal record certificate to an individual, and

b

the certificate includes details of a conviction for an offence listed in schedule 8B which is—

i

a spent conviction, but

ii

not a protected conviction.

4

Where—

a

the individual notifies the Scottish Ministers before the end of the period mentioned in section 116ZB(3)(a) that the individual does not intend to make an application under section 116ZB(2), or

b

that period expires without the individual having notified the Scottish Ministers that the individual does intend to make such an application

the Scottish Ministers must send a copy of the certificate to the relevant person as soon as possible after receiving the notification or, as the case may be, the expiry of that period.

5

The Scottish Ministers must not send a copy of the certificate to the relevant person if the individual notifies the Scottish Ministers before the end of the period mentioned in section 116ZB(3)(a) that the individual intends to make an application under section 116ZB(2).

6

In this section, “relevant person” means—

a

in relation to a criminal record certificate issued under section 113A(1) or an enhanced criminal record certificate issued under section 113B(1), the person who countersigned the application for the certificate under section 113A(2)(a) or, as the case may be, 113B(2)(a),

b

in relation to a criminal record certificate issued under section 114(1) or an enhanced criminal record certificate issued under section 116(1), the person who made the statement in relation to the certificate under section 114(2) or, as the case may be, 116(2).

116ZBApplication for an order for a new criminal record certificate or enhanced criminal record certificate

1

This section applies where—

a

the Scottish Ministers issue a criminal record certificate or an enhanced criminal record certificate to an individual, and

b

the certificate includes details of a conviction for an offence listed in schedule 8B which is—

i

a spent conviction, but

ii

not a protected conviction.

2

The individual may apply to the sheriff for an order requiring the Scottish Ministers to issue a new certificate that does not include those details.

3

An application under subsection (2)—

a

may only be made if the individual, before the end of the period of 10 working days beginning with the date of the issue of the certificate, notifies the Scottish Ministers of an intention to make the application, and

b

must be made before the end of the period of 3 months beginning with the date on which that notification is given.

4

No finding of fact on which a conviction is based may be challenged in an application under subsection (2).

5

Proceedings in an application under subsection (2) may take place in private if the sheriff considers it appropriate in all the circumstances.

6

In determining an application under subsection (2) the sheriff must—

a

if satisfied that the details are not relevant to the purpose for which the certificate was required, allow the application,

b

otherwise, refuse the application.

7

The sheriff may allow the application in part where it relates to details in relation to two or more convictions.

8

The decision of the sheriff on an application is final.

9

Where the sheriff allows the application, the sheriff must order the Scottish Ministers—

a

to issue a new certificate to the individual as if the individual had made the application for the certificate under section 113A(1), 113B(1), 114(1) or, as the case may be, 116(1) on the date on which the sheriff makes the order,

b

to exclude from that certificate the details which the sheriff is satisfied are not relevant.

10

Where the sheriff refuses the application—

a

the Scottish Ministers must issue a new certificate to the individual as if the individual had made the application for the certificate under section 113A(1), 113B(1), 114(1) or, as the case may be, 116(1) on the date on which the sheriff makes the order,

b

the individual may not make an application under subsection (2) in relation to the details of the conviction in connection with the new certificate (or any subsequent certificate issued in relation to the original certificate application).

11

In subsection (10)(b), the “original certificate application” is the application for the certificate mentioned in subsection (1)(a).

12

Sections 116ZA and 117 apply to a new certificate issued under subsection (9) or (10)(a) as if the certificate had been issued under section 113A(1), 113B(1), 114(1) or, as the case may be, 116(1).

“protected conviction” is to be construed in accordance with section 126ZA.

126ZAProtected convictions

1

For the purposes of this Part a conviction is a protected conviction if—

a

it is a spent conviction, and

b

either—

i

it is not a conviction for an offence listed in schedule 8A or 8B, or

ii

it is a conviction for an offence listed in schedule 8B and at least one of the conditions specified in subsection (2) is satisfied.

2

The conditions are—

a

the disposal in respect of the conviction was an admonition or an absolute discharge,

b

the person was aged under 18 on the date of conviction and at least 7 years and 6 months have passed since the date of the conviction,

c

the person was aged 18 or over on the date of conviction and at least 15 years have passed since the date of the conviction.

3

In subsection (2)(a), the reference to an absolute discharge includes a reference to the discharge of the referral of a child’s case to a children’s hearing under—

a

section 69(1)(b) and (12) of the Children (Scotland) Act 199511, or

b

section 91(3)(b), 93(2)(b), 108(3)(b), or 119(3)(b) of the Children’s Hearings (Scotland) Act 201112.

126ZBOffences in schedules 8A and 8B

1

The Scottish Ministers may by regulations modify schedule 8A or 8B.

2

Regulations under subsection (1) are subject to the affirmative procedure.

SCHEDULE 8AOFFENCES WHICH MUST ALWAYS BE DISCLOSED

Common law offences

1

Abduction.

2

Abortion.

3

Assault to the danger of life.

4

Assault to severe injury.

5

Assault with intent to rape or ravish.

6

Assault with intent to commit the statutory offence of rape.

7

Bestiality.

8

Cruel and unnatural treatment of persons.

9

Culpable homicide.

10

Drugging.

11

Extortion.

12

Hamesucken.

13

Hijacking.

14

Piracy.

15

Plagium.

16

Reset of plagium.

17

Treason.

18

Uttering threats.

Statutory offences

19Armed forces

An offence under section 42 of the Armed Forces Act 200614 (criminal conduct) where the corresponding offence under the law of England and Wales is, or corresponds to, an offence listed in this schedule.

Aviation and maritime

20

An offence under the Piracy Act 183715.

21

An offence under any of the following provisions of the Aviation Security Act 198216—

a

section 1 (hijacking);

b

section 2 (destroying, damaging or endangering safety of aircraft);

c

section 3 (other acts endangering or likely to endanger safety of aircraft); and

d

section 4 (offences in relation to certain dangerous articles).

22

An offence under section 9 of the Aviation and Maritime Security Act 199017 (hijacking of ships).

23

An offence under article 241 of the Air Navigation Order 200918 in respect of a contravention of article 137 of that Order (endangering safety of aircraft).

24Children

An offence under section 12 of the Children and Young Persons (Scotland) Act 193719 (cruelty to persons under 16).

25Explosives

An offence under the Explosive Substances Act 188320.

Firearms and other weapons

26

An offence under any of the following provisions of the Firearms Act 196821—

a

section 4 (conversion of weapons)22;

b

section 5 (weapons subject to a general prohibition)23;

c

section 16 (possession of firearm with intent to injure);

d

section 16A24 (possession of firearm with intent to cause fear or violence);

e

section 1725 (use of firearm to resist arrest);

f

section 18 (carrying firearm with criminal intent);

g

section 1926 (carrying firearm in a public place);

h

section 2027 (trespassing with firearm);

i

section 2128 (possession of firearm by persons previously convicted of crime);

j

section 2429 (supplying firearms to minors);

k

section 25 (supplying firearm to person drunk or insane);

l

section 28A(7)30 (certificates: supplementary);

m

section 2931 (variation of firearm certificates);

n

section 30D(3) (revocation of certificates: supplementary)32;

o

section 3933 (offences in connection with registration);

p

section 4034 (compulsory register of transactions in firearms);

q

section 46(5) (power of search with warrant);

r

section 47 (powers of constables to stop and search); and

s

section 48 (production of certificates).

27

An offence under the Chemical Weapons Act 199635.

28Forced marriage

An offence under section 122 of the Anti-social Behaviour, Crime and Policing Act 2014 (offence of forced marriage: Scotland)36.

Human trafficking and exploitation

29

An offence under section 22 of the Criminal Justice (Scotland) Act 200337 (traffic in prostitution etc.).

30

An offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 200438 (trafficking people for exploitation).

31

An offence under section 47 of the Criminal Justice and Licensing (Scotland) Act 201039 (slavery, servitude and forced or compulsory labour).

32

An offence under the Prohibition of Female Genital Mutilation (Scotland) Act 200540.

Medical professions etc.

33

An offence under section 10Z9 of the National Health Service (Scotland) Act 197841 (offences in relation to registration).

34

An offence under any of the following provisions of the Medical Act 198342—

a

section 49 (penalty for pretending to be registered)43; and

b

section 49A (penalty for pretending to hold a licence to practise)44 .

35

An offence under article 38 (offences relating to the Register) of the Pharmacy Order 201045.

36Medicines

An offence under any of the following provisions of the Medicines Act 196846—

a

section 67(1A) and (1B) (offences under Part III)47; and

b

section 78 (restrictions on use of titles, descriptions and emblems)48.

37Official Secrets Acts

An offence under the Official Secrets Act 191149.

38Prostitution

An offence under any of the following provisions of the Criminal Law (Consolidation) (Scotland) Act 199550—

a

section 751 (procuring);

b

section 1152 (trading in prostitution and brothel-keeping); and

c

section 12 (allowing child to be in brothel).

39Road traffic

An offence under any of the following provisions of the Road Traffic Act 198853—

a

section 154 (causing death by dangerous driving);

b

section 3ZC55 (causing death by driving: disqualified drivers); and

c

section 3A56 (causing death by careless driving when under influence of drink or drugs).

40Serious organised crime

An offence under any of the following provisions of the Criminal Justice and Licensing (Scotland) Act 201057—

a

section 28 (involvement in serious organised crime);

b

section 30 (directing serious organised crime); and

c

section 31 (failure to report serious organised crime).

Sexual offences

41

An offence under section 50(3) of the Customs and Excise Management Act 197958 (penalty for improper importation of goods) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 187659, but only where the prohibited goods include indecent photographs of persons.

42

A sexual offence within the meaning given by section 210A(10) of the Criminal Procedure (Scotland) Act 199560 other than an offence mentioned in paragraph (xxvii)(ZF) or (ZG) of that section (engaging while an older child in sexual conduct with or towards another older child).

43

An offence under section 113 of the Sexual Offences Act 200361 (breach of sexual offences prevention order or interim sexual offences prevention order, etc.).

44

An offence under section 7 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (offence: breach of RSHO or interim RSHO etc.)62.

Stalking and harassment

45

An offence under section 50A of the Criminal Law (Consolidation) (Scotland) Act 199563 (racially aggravated harassment).

46

An offence under any of the following provisions of the Criminal Justice and Licensing (Scotland) Act 201064—

a

section 38 (threatening or abusive behaviour); and

b

section 39 (offence of stalking).

Terrorism

47

An offence under any of the following provisions of the Terrorism Act 200065—

a

section 11 (membership);

b

section 12 (support);

c

section 15 (fund-raising);

d

section 16 (use and possession);

e

section 17 (funding arrangements);

f

section 17A(2) or (4) (insurance payments made in response to terrorist demands)66;

g

section 18 (money laundering);

h

section 1967 (disclosure of information: duty);

i

section 21A68 (failure to disclose: regulated sector);

j

section 21D69 (tipping off: regulated sector);

k

section 38B70 (information about acts of terrorism);

l

section 3971 (disclosure of information, &c.);

m

section 54 (weapons training)72;

n

section 56 (directing terrorist organisation);

o

section 57 (possession for terrorist purposes)73;

p

section 58 (collection of information)74;

q

section 58A (eliciting, publishing or communicating)75; and

r

section 61 (inciting terrorism overseas);

48

An offence under any of the following provisions of the Anti-terrorism, Crime and Security Act 200176—

a

section 47 (use etc. of nuclear weapons);

b

section 50 (assisting or inducing certain weapons-related acts overseas);

c

section 52 (powers of entry);

d

section 54 (offences);

e

section 67 (offences);

f

section 79 (prohibition of disclosures relating to nuclear security)77;

g

section 80 (prohibition of disclosures of uranium enrichment technology)78;

h

section 113 (use of noxious substances or things to cause harm and intimidate)79;

i

section 114 (hoaxes involving noxious substances or things); and

j

paragraph 7 of Schedule 3 (offences).

49

An offence under the Terrorism Act 200680.

50

An offence under any of the following provisions of the Counter-Terrorism Act 200881—

a

section 2 (offence of obstruction);

b

section 54 (offences relating to notification);

c

paragraph 15 of Schedule 5 (breach of foreign travel restriction order and offence);

d

paragraph 30 of Schedule 7 (offences: failure to comply with requirement imposed by direction);

e

paragraph 30A of Schedule 782 (offences: relevant person circumventing requirements); and

f

paragraph 31 of Schedule 7 (offences in connection with licences).

51Violent offender orders

An offence under section 113(1) of the Criminal Justice and Immigration Act 200883 (breach of violent offender order or interim violent offender order).

Vulnerable persons

52

An offence under section 83 of the Adults with Incapacity (Scotland) Act 200084 (offence of ill-treatment and wilful neglect).

53

An offence under section 315 of the Mental Health (Care and Treatment) (Scotland) Act 200385 (ill-treatment and wilful neglect of mentally disordered person).

54

An offence under any of the following provisions of the Protection of Vulnerable Groups (Scotland) Act 200786—

a

section 34 (barred individuals not to do regulated work);

b

section 35 (organisations not to use barred individuals for regulated work); and

c

section 36 (personnel suppliers not to supply barred individuals for regulated work).

55

Any offence where the conduct in respect of which the person was convicted also constituted a breach of a banning order granted under section 19 of the Adult Support and Protection (Scotland) Act 200787 (banning orders).

56Witness protection

An offence under any of the following provisions of the Serious Organised Crime and Police Act 200588—

a

section 86 (offence of disclosing information about protection arrangements); and

b

section 88 (offences of disclosing information relating to persons assuming new identity).

57Statutory aggravations

An offence in relation to which either of the following provisions apply—

a

section 29(1) of the Criminal Justice and Licensing (Scotland) Act 201089 (offences aggravated by connection with serious organised crime); or

b

section 31 of the Counter-Terrorism Act 2008 (offences aggravated by terrorism90.

Other

Common law aggravations

58

An offence, the conviction for which indicates that it was committed against a child.

59

An offence, the conviction for which indicates that it included a sexual element.

Inchoate offences

60

An offence committed by aiding, abetting, counselling, procuring or inciting the commission of the offence of murder or any offence listed in paragraphs 1 to 59 of this schedule.

61

An offence committed by attempting or conspiring to commit the offence of murder or any offence listed in paragraphs 1 to 59 of this schedule.

62Superseded offences

An offence superseded (whether directly or indirectly) by any offence listed in paragraphs 1 to 61 of this schedule (and any qualification in relation to a listed offence applies to the superseded offence as it applies to the listed offence).

63Combined offences

An offence which was charged, and the conviction for which was received, in conjunction with any offence listed in paragraphs 1 to 62 of this schedule.

64Corresponding offences elsewhere in the UK or abroad

An offence under the law of England and Wales or Northern Ireland, or any country or territory outside the United Kingdom, which corresponds to any offence listed in paragraphs 1 to 63 of this schedule.

SCHEDULE 8BOFFENCES WHICH ARE TO BE DISCLOSED SUBJECT TO RULES

Common law offences

1

An offence of perverting, or attempting to pervert, the course of justice (by whatever means and however the offence is described), including in particular—

a

false accusation of a crime;

b

perjury;

c

prevarication on oath;

d

prison breaking; and

e

subornation of perjury.

2

Assault excluding any assault of a kind listed in Schedule 8A.

3

Breach of the peace.

4

Clandestinely taking possession.

5

Culpable and reckless conduct.

6

Culpable and reckless endangering of the public.

7

Culpable and reckless fireraising.

8

Embezzlement.

9

False accusation of a crime.

10

Fraud.

11

Housebreaking with intent to steal.

12

Mobbing and rioting.

13

Opening a lockfast place with intent to steal.

14

Public indecency.

15

Reset (excluding reset of plagium).

16

Robbery.

17

Theft (excluding plagium).

18

Uttering.

19

Wilful fireraising.

Statutory offences

20Adult support and protection

An offence under section 49 of the Adult Support and Protection (Scotland) Act 200791 (obstruction).

Animals

21

An offence under the Rabies (Importation of Dogs, Cats and Other Mammals) Order 197492.

22

An offence under any of the following provisions of the Wildlife and Countryside Act 198193—

a

section 194 (protection of wild birds, their nests and eggs and prevention of poaching);

b

section 595 (prohibition of certain methods of killing or taking wild birds);

c

section 996 (protection of other wild animals and prevention of poaching);

d

section 1197 (prohibition of certain methods of killing or taking wild animals);

e

section 11A, 11B and 11C98 (offences in relation to snares);

f

section 14ZC99 (prohibition on keeping etc. of invasive animals or plants);

g

section 15A100 (possession of pesticides); and

h

section 18 (attempts to commit offences etc.), but only in relation to an offence listed in sub-paragraphs (a) to (g) of this paragraph.

23

An offence under the Dangerous Dogs Act 1991101.

24

An offence under the Protection of Badgers Act 1992102.

25

An offence under any of the following provisions of the Conservation (Natural Habitats, &c.) Regulations 1994103—

a

regulation 39104 (protection of certain wild animals); and

b

regulation 41105 (prohibition of certain methods of taking or killing wild animals).

26

An offence under the Welfare of Animals (Slaughter or Killing) Regulations 1995106.

27

An offence under the Wild Mammals Protection Act 1996107.

28

An offence under the Protection of Wild Mammals (Scotland) Act 2002108.

29

An offence under the Animal Health and Welfare (Scotland) Act 2006109.

30Armed forces

An offence under section 42 of the Armed Forces Act 2006110 (criminal conduct) where the corresponding offence under the law of England and Wales is, or corresponds to, an offence listed in this schedule.

Assaulting or hindering public officials

31

An offence under section 89 of the Police Act 1996111 (assaults on constables).

32

An offence under section 32 of the Commissioners for Revenue and Customs Act 2005112 (assault).

33

An offence under the Emergency Workers (Scotland) Act 2005113.

34

An offence under section 85 of the Fire (Scotland) Act 2005114 (false alarms).

35

An offence under section 90 of the Police and Fire Reform (Scotland) Act 2012115 (assaulting or impeding police).

36Aviation

An offence under any of the following provisions of the Aviation Security Act 1982116—

a

section 20B117 (detention direction); and

b

section 21FA118 (air cargo agents: documents).

37Bomb hoaxes

An offence under section 51 of the Criminal Law Act 1977119 (bomb hoaxes).

38Bribery

An offence under the Bribery Act 2010120.

Care services

39

An offence under any of the following provisions of the Regulation of Care (Scotland) Act 2001121—

a

section 45122 (application for registration under Part 3); and

b

section 52 (use of title “social worker” etc.).

40

An offence under any of the following provisions of the Public Services Reform (Scotland) Act 2010123—

a

section 80(1) (offences in relation to registration under Chapter 3);

b

section 81 (false statements in application under Chapter 3); and

c

section 90 (offences under Chapter 4).

41

An offence under article 27 of the Public Services Reform (General Teaching Council for Scotland) Order 2011124 (offences).

42

An offence under regulation 19 of the Social Care and Social Work Improvement (Scotland) (Requirements for Care Services) Regulations 2011125 (offences).

43Charities

An offence under the Charities and Trustee Investment (Scotland) Act 2005126.

44Child Support

An offence under section 50 of the Child Support Act 1991127 (unauthorised disclosure of information).

45Children

An offence under section 6 of the Child Abduction Act 1984128 (offence in Scotland of parent, etc. taking or sending child out of United Kingdom).

46Crossbows

An offence under section 1 of the Crossbows Act 1987129 (sale and letting on hire).

47Domestic abuse

An offence under section 2 of the Domestic Abuse (Scotland) Act 2011130 (breach of domestic abuse interdict with power of arrest).

Drugs

48

An offence under any of the following provisions of the Misuse of Drugs Act 1971131—

a

section 3132 (restriction of importation and exportation of controlled drugs);

b

section 4133 (restriction of production and supply of controlled drugs);

c

section 4A134 (aggravation of offence of supply of controlled drug);

d

section 5(3) (restriction of possession of controlled drugs);

e

section 6 (restriction of cultivation of cannabis plant);

f

section 8(a) and (b) (occupiers etc. of premises to be punishable for certain activities taking place there);

g

section 12135 (directions prohibiting prescribing, supply etc. of controlled drugs by practitioners etc. convicted of certain offences);

h

section 13136 (directions prohibiting prescribing, supply etc. of controlled drugs by practitioners in other cases);

i

section 17 (power to obtain information from doctors, pharmacists etc. in certain circumstances);

j

section 19137 (attempts etc. to commit offences), but only in relation to an offence listed in sub-paragraphs (a) to (i) of this paragraph; and

k

section 20 (assisting in or inducing commission outside United Kingdom of offence punishable under corresponding law).

49

An offence under any of the following provisions of the Customs and Excise Management Act 1979138 in relation to goods prohibited to be imported or exported under section 3(1) of the Misuse of Drugs Act 1971139 (restriction of importation and exportation of controlled drugs)—

a

section 50(2) or (3) (penalty for improper importation of goods);

b

section 68(2) (offences in relation to exportation of prohibited or restricted goods); and

c

section 170 (fraudulent evasion of duty).

50

An offence under the Criminal Justice (International Co-operation) Act 1990140.

Escape from custody etc.

51

An offence under section 316 of the Mental Health (Care and Treatment) (Scotland) Act 2003141 (inducing and assisting absconding etc.).

52

An offence under section 91 of the Police and Fire Reform (Scotland) Act 2012142 (escape from custody).

Financial Services

53

An offence under the Financial Services and Markets Act 2000143.

54

An offence under the Financial Services Act 2012144.

55Fire safety

An offence under section 72(1) or (3) of the Fire (Scotland) Act 2005 (offences)145.

Firearms

56

An offence under any of the following provisions of the Firearms Act 1968146—

a

section 1 (requirement of firearms certificate)147;

b

section 2 (requirement of certificate for possession of shot guns);

c

section 3 (business and other transactions with firearms and ammunition firearms)148;

d

section 22 (acquisition and possession of firearms by minors)149; and

e

section 23 (exceptions from section 22(4))150.

57

An offence under section 50(5) of the Civic Government (Scotland) Act 1982151 (drunk in possession of firearm).

58

An offence under the Firearms (Amendment) Act 1997152.

59

An offence under any of the following provisions of the Violent Crime Reduction Act 2006153—

a

section 28 (using someone to mind a weapon);

b

section 32 (sales of air weapons by way of trade or business to be face to face);

c

section 35 (restriction on sale and purchase of primers); and

d

section 36 (manufacture, import and sale of realistic imitation firearms).

Food safety and standards

60

An offence under any of the following provisions of the Food Safety Act 1990154—

a

section 7155 (rendering food injurious to health); and

b

section 9156 (inspection and seizure of suspected food).

61

An offence under regulation 4(b) of the General Food Regulations 2004157.

62Forced marriage

An offence under section 9 of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 (offence of breaching order)158.

Fraud and forgery

63

An offence under the Forgery and Counterfeiting Act 1981159.

64

An offence under section 46A of the Criminal Law (Consolidation) (Scotland) Act 1995 (false monetary instruments)160.

65

An offence under section 49 of the Criminal Justice and Licensing (Scotland) Act 2010 (articles for use in fraud)161.

66

An offence under section 92 of the Police and Fire Reform (Scotland) Act 2012 (impersonation etc.)162.

Harassment

67

An offence under section 234A of the Criminal Procedure (Scotland) Act 1995 (non-harassment orders)163.

68

An offence under section 9 of the Protection from Harassment Act 1997 (breach of non-harassment order)164.

Immigration, etc.

69

An offence under any of the following provisions of the Immigration Act 1971165—

a

section 24166 (illegal entry and similar offences);

b

section 24A167 (deception);

c

section 25168 (assisting unlawful immigration to member State);

d

section 25A169 (helping asylum-seeker to enter United Kingdom);

e

section 25B170 (assisting entry to United Kingdom in breach of deportation or exclusion order);

f

section 26171 (general offences in connection with administration of Act);

g

section 26A172 (registration card);

h

section 26B173 (possession of immigration stamp); and

i

section 27174 (offences by captains, owners or agents of ships or aircraft).

70

An offence under any of the following provisions of the Immigration and Asylum Act 1999175—

a

section 105 (false representations);

b

section 106 (dishonest representations);

c

any of the following paragraphs of Schedule 11—

i

paragraph 1 (obtaining certificates of authorisation by false pretences);

ii

paragraph 4176 (assaulting a detainee custody officer); and

iii

paragraph 5 (obstructing detainee custody officer); and

d

any of the following paragraphs of Schedule 12—

i

paragraph 3177 (failure to submit to a medical examination);

ii

paragraph 4178 (assisting detained persons to escape);

iii

paragraph 5 (bringing alcohol into a detention centre); and

iv

paragraph 6 (conveying articles into or out of a detention centre).

71

An offence under section 35 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004179 (deportation or removal: cooperation).

72

An offence under section 21 of the Immigration, Asylum and Nationality Act 2006180 (offence).

73Insolvency

An offence under any of the following provisions of the Insolvency Act 1986181—

a

section 131182 (company’s statement of affairs);

b

section 206183 (fraud, etc. in anticipation of winding up);

c

section 208184 (misconduct in course of winding up);

d

section 216185 (restriction on re-use of company names); and

e

section 235186 (duty to co-operate with office-holder).

74Landmines

An offence under section 2 of the Landmines Act 1998187 (prohibited conduct).

Medicines

75

An offence under section 67(2) and (3) (offences under Part III) of the Medicines Act 1968188.

76

An offence under any of the following provisions of the Human Medicines Regulations 2012189—

a

regulation 34(1) (offences: breach of regulations and false information and defence concerning starting materials); and

b

regulation 255(1)(a), (b), (c) or (d) (offences relating to dealings with medicinal products).

77Mental health

An offence under section 318 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (false statements)190.

Neglect of duty

78

An offence under Part 4 (shipping: alcohol and drugs) or Part 5 (aviation: alcohol and drugs) of the Railways and Transport Safety Act 2003191.

79

An offence under section 22 of the Police and Fire Reform (Scotland) Act 2012 (failure to perform duty)192.

Obscene material etc.

80

An offence under section 1(1) of the Indecent Displays Act 1981193 (indecent displays).

81

An offence under any of the following provisions of the Civic Government (Scotland) Act 1982194 —

a

section 51195 (obscene material);

b

section 51A196 (extreme pornography); and

c

paragraph 19(3)197 of Schedule 2 (enforcement).

82

An offence under section 85(3) of the Postal Services Act 2000198 (prohibition on sending certain articles by post).

83

An offence under section 127(1) of the Communications Act 2003199 (improper use of public electronic communications network).

Offences in relation to children

84

An offence under any of the following provisions of the Children and Young Persons (Scotland) Act 1937200—

a

section 15 (causing or allowing persons under 16 to be used for begging);

b

section 22 (exposing children under seven to risk of burning);

c

section 31(1) (penalties and legal proceedings in respect of general provisions as to employment);

d

section 33 (prohibition of persons under sixteen taking part in performances endangering life or limb); and

e

section 34 (restrictions on training for performances of a dangerous nature).

85

An offence under section 40(1) of the Children and Young Persons Act 1963201 (offences).

86

An offence under section 50(2) of the Civic Government (Scotland) Act 1982202 (drunk in charge of a child).

87

An offence under section 81 of the Children (Scotland) Act 1995203 (offences in connection with orders etc. for the protection of children).

88

An offence under any of the following provisions of the Children’s Hearings (Scotland) Act 2011204—

a

section 59 (offences); and

b

section 171 (offences related to absconding).

89Offensive behaviour etc.

An offence under the Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012205.

Offensive weapons

90

An offence under the Restriction of Offensive Weapons Act 1959206.

91

An offence under section 50(3) (penalty for improper importation of goods) or section 170 (fraudulent evasion of duty) of the Customs and Excise Management Act 1979207 in relation to goods prohibited to be imported under—

a

section 1(2) of the Restriction of Offensive Weapons Act 1959 (penalties for offences in connection with dangerous weapons); or

b

section 141(4) of the Criminal Justice Act 1988 (offensive weapons).

92

An offence under any of the following provisions of the Criminal Justice Act 1988208—

a

section 141 (offensive weapons); and

b

section 141A (sale of knives and certain articles with blade or point to persons under eighteen).

93

An offence under any of the following provisions of the Criminal Law (Consolidation) (Scotland) Act 1995209—

a

section 47 (prohibition of the carrying of offensive weapons);

b

section 48 (search for offensive weapons);

c

section 49 (offence of having in a public place an article with a blade or point);

d

section 49A (offence of having article with blade or point (or offensive weapon) on school premises);

e

section 49C (offence of having offensive weapon etc. in prison); and

f

section 50 (extension of constable’s power to stop, search and arrest without warrant).

Official Secrets Acts

94

An offence under the Official Secrets Act 1920210.

95

An offence under the Official Secrets Act 1989211.

96Prisons

An offence under section 41 of the Prisons (Scotland) Act 1989 (unlawful introduction of tobacco, etc., into prison)212.

Proceeds of crime and money laundering

97

An offence under any of the following provisions of the Proceeds of Crime Act 2002213—

a

Part 7214 (money laundering);

b

Part 8215 (investigations); and

c

section 453A216 (certain offences in relation to financial investigators).

98

An offence under the Proceeds of Crime Act 2002 (External Investigations) Order 2013217.

99

An offence under the Proceeds of Crime Act 2002 (External Investigations) (Scotland) Order 2015218.

Prostitution

100

An offence under any of the following provisions of the Criminal Law (Consolidation) (Scotland) Act 1995219—

a

section 9220 (permitting girl to use premises for intercourse); and

b

section 13(9)221 (living on earnings of another from male prostitution).

101

An offence under the Prostitution (Public Places) (Scotland) Act 2007222.

102Public order

An offence under any of the following provisions of the Public Order Act 1986223—

a

section 1 (riot);

b

section 2 (violent disorder);

c

section 3224 (affray);

d

section 4 (fear or provocation of violence);

e

section 4A225 (intentional harassment, alarm or distress);

f

section 5226 (harassment alarm or distress);

g

section 18227 (use of words or behaviour or display of written material);

h

section 19 (publishing or distributing written material);

i

section 20 (public performance of play);

j

section 21 (distributing, showing or playing a recording);

k

section 22 (broadcasting or including programme in cable programme service);

l

section 23 (possession of racially inflammatory material);

m

section 29B228 (use of words or behaviour or display of written material);

n

section 29C (publishing or distributing written material);

o

section 29D (public performance of play);

p

section 29E (distributing, showing or playing recording);

q

section 29F (broadcasting or including programme in programme service); and

r

section 29G (possession of inflammatory material).

103Road traffic

An offence under any of the following provisions of the Road Traffic Act 1988229—

a

section 1A230 (causing serious injury by dangerous driving);

b

section 2 (dangerous driving);

c

section 2B231 (causing death by careless, or inconsiderate, driving);

d

section 3ZB232 (causing death by driving: unlicensed or uninsured drivers);

e

section 3ZD (causing serious injury by driving: disqualified drivers);

f

section 4(1)233 (driving, or being in charge, when under the influence of drink or drugs);

g

section 5(1)(a) (driving or being in charge of a motor vehicle with alcohol concentration above prescribed limit); and

h

section 178 (taking motor vehicle without authority, etc.).

104Sexual offences

An offence under section 37(1) or (4) of the Sexual Offences (Scotland) Act 2009234 (older children engaging in sexual conduct with each other).

105Solicitors

An offence under the Solicitors (Scotland) Act 1980235.

106Terrorism

An offence under any of the following provisions of the Terrorism Act 2000236—

a

section 13 (uniform);

b

section 36 (police powers);

c

section 51 (offences);

d

section 116 (powers to stop and search);

e

paragraph 32 of Schedule 5 (urgent cases); and

f

paragraph 18 of Schedule 7237 (offences).

107Vets

An offence under any of the following provisions of the Veterinary Surgeons Act 1966238—

a

section 19239 (restriction of practice of veterinary surgery by unqualified persons); and

b

section 20240 (prohibition of use of practitioners’ titles by unqualified persons).

Miscellaneous statutory offences

108

An offence under any of the following provisions of the Civic Government (Scotland) Act 1982241—

a

section 57242 (being in or on building etc. with intent to commit theft);

b

section 58 (convicted thief in possession)243; and

c

section 60244 (powers of search and seizure).

109

An offence under section 22 of the Rent (Scotland) Act 1984245 (unlawful eviction and harassment of occupier).

110

An offence under section 85(1) of the Postal Services Act 2000246 (prohibition on sending certain articles by post).

111

An offence under any of the following provisions of the Serious Organised Crime and Police Act 2005247—

a

section 67 (offences in connection with disclosure notices or search warrants);

b

section 129248 (corresponding Scottish offence);

c

section 145 (interference with contractual relationships so as to harm animal research organisation); and

d

section 146249 (intimidation of persons connected with animal research organisation).

Statutory aggravations

112

An offence (other than an offence listed in schedule 8A) in relation to which either of the following provisions applies—

a

section 96 of the Crime and Disorder Act 1998 (offences racially aggravated)250; or

b

section 74 of the Criminal Justice (Scotland) Act 2003 (offences aggravated by religious prejudice)251.

113

An offence (other than an offence listed in schedule 8A) to which either of the following provisions of the Offences (Aggravation by Prejudice) (Scotland) Act 2009252 applies—

a

section 1(1) (prejudice relating to disability); or

b

section 2(1) (prejudice relating to sexual orientation or transgender identity).

Other

Common law aggravations

114

An offence (other than an offence listed in schedule 8A or in paragraph 112 of this schedule), the conviction for which indicates that it included an element of racial prejudice or was racially motivated.

115

An offence (other than an offence listed in schedule 8A or in paragraph 112 of this schedule), the conviction for which indicates that it included an element of religious prejudice or was motivated by religious prejudice.

Inchoate offences

116

An offence committed by aiding, abetting, counselling, procuring or inciting the commission of any offence listed in paragraphs 1 to 115 of this schedule.

117

An offence committed by attempting or conspiring to commit any offence listed in paragraphs 1 to 115 of this schedule.

118Superseded offences

An offence superseded (whether directly or indirectly) by any offence listed in paragraphs 1 to 117 of this schedule (and any qualification in relation to a listed offence applies to the superseded offence as it applies to the listed offence).

119Combined offences

An offence which was charged, and the conviction for which was received, in conjunction with any offence listed in paragraphs 1 to 118 of this schedule.

120Corresponding offences elsewhere in the UK or abroad

An offence under the law of England and Wales or Northern Ireland, or any country or territory outside the United Kingdom, which corresponds to any offence listed in paragraphs 1 to 119 of this schedule.

c

information which—

i

the chief officer of a relevant police force reasonably believes to be relevant in relation to the type of regulated work in relation to which the scheme member participates in the Scheme, and

ii

in the chief officer’s opinion, ought to be included in the scheme member’s scheme record, and

52ZAProcedure following correction of inaccurate scheme record

1

This section applies where—

a

on receiving a copy of a scheme record under section 52(3)(b) or (5), a scheme member requests that Ministers correct information included in the record,

b

Ministers correct the information, and

c

as a result of the correction, the scheme record includes vetting information about a conviction for an offence listed in schedule 8B of the 1997 Act which is—

i

a spent conviction, but

ii

not a protected conviction.

2

Section 51(2) does not apply in relation to the corrected information.

3

Ministers must treat the request for disclosure to which the copy of the scheme record relates as if—

a

it has not yet been complied with, and

b

it had been made on the day on which the information is corrected.

52Disclosure of scheme records

1

This section applies in relation to a scheme member’s scheme record if—

a

disclosure conditions A to D are satisfied, and

b

section 53 does not require Ministers to disclose the scheme member’s short scheme record.

2

Subsection (3) applies where the scheme record does not include vetting information about a conviction for an offence listed in schedule 8B of the 1997 Act which is—

a

a spent conviction, but

b

not a protected conviction.

3

Ministers must—

a

disclose the scheme record, and

b

send a copy of the scheme record to the scheme member.

4

Subsections (5) to (9) apply where the scheme record includes vetting information about a conviction for an offence listed in schedule 8B of the 1997 Act which is—

a

a spent conviction, but

b

not a protected conviction.

5

Ministers must send a copy of the scheme record to the scheme member (who may make an application to the sheriff under section 52A(2)).

6

Subsection (7) applies where—

a

the scheme member notifies Ministers before the end of the period mentioned in section 52A(3)(a) that the scheme member does not intend to make an application under section 52A(2), or

b

that period expires without the scheme member having notified Ministers that the scheme member does intend to make such an application.

7

Ministers must disclose the scheme record as soon as possible after receiving the notification or, as the case may be, the expiry of that period.

8

Subsection (9) applies where—

a

the scheme member notifies Ministers before the end of the period mentioned in section 52A(3)(a) that the scheme member intends to make an application under section 52A(2), but

b

either—

i

the scheme member does not make such an application before the end of the period mentioned in section 52A(3)(b), or

ii

the scheme member does make such an application but abandons it before it is determined by the sheriff.

9

Ministers must not disclose the scheme record (and the request for disclosure of the record is to be treated as having been withdrawn).

52AReview of vetting information in scheme record

1

This section applies where a scheme member receives a copy of the scheme member’s scheme record under section 52(5).

2

The scheme member may apply to the sheriff for an order requiring Ministers to remove from the scheme record the vetting information referred to in section 52(4).

3

An application under subsection (2)—

a

may only be made if the scheme member notifies Ministers before the end of the period of 10 working days beginning with the date on which the scheme record was sent to the scheme member under section 52(5) of an intention to make the application,

b

must be made before the end of the period of 3 months beginning with the date on which that notification is given, and

c

must not relate to vetting information about a conviction which has previously been the subject of an application which—

i

was refused under subsection (6)(b), and

ii

related to the same type of regulated work.

4

No finding of fact on which a conviction is based may be challenged in an application under subsection (2).

5

Proceedings in an application under subsection (2) may take place in private if the sheriff considers it appropriate in all the circumstances.

6

In determining an application under subsection (2) the sheriff must—

a

if satisfied that the vetting information is not relevant in relation to a type of regulated work in relation to which the scheme member participates in the Scheme, allow the application,

b

otherwise, refuse the application.

7

The sheriff may allow the application in part where it relates to vetting information about two or more convictions.

8

The decision of the sheriff on an application is final.

9

Where the sheriff allows the application, the sheriff must order Ministers to remove the information from the scheme record in relation to a type of regulated work in relation to which the scheme member participates in the Scheme.

10

On the determination of an application under subsection (2), Ministers must treat the disclosure request to which the application relates as if it had been made under section 52 on the day after the date on which the determination is made.

57AMeaning of “conviction” and “protected conviction”

For the purposes of sections 52 and 52A—

• “conviction” means a conviction within the meaning of the Rehabilitation of Offenders Act 1974, and “spent conviction” is to be construed in accordance with that Act,

• “protected conviction” is to be construed in accordance with section 126ZA of the 1997 Act.