Explanatory Notes

Management of Offenders (Scotland) Act 2019

2019 asp 14

30 July 2019

The Structure and a Summary of the Act

Part 2 – Disclosure of Convictions

Regulation-making and other powers

Section 34 – Regulations under section 33: general details

147.Section 34 sets out further details on regulations made under section 33(1).

148.Section 34(1) sets out an indicative, and non-exhaustive, list of the matters which the regulations may contain provision on.

149.Subsection (2) provides that the regulations can contain provision relating to the operation of higher level disclosure in the area of when a conviction becomes a protected conviction following that conviction becoming spent by virtue of a determination by the specified reviewer.

150.Subsection (3) provides that references to “the specified reviewer” in sections 33 and 34 means whoever is specified in the regulations made under section 33.