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 35 – Regulations under section 33: appropriate period

151.Section 35 provides an enabling power for the Scottish Ministers to modify aspects of the definition of “appropriate period” in section 33(5)(a). The power conferred by section 35 enables the Scottish Ministers to adjust either the age when different buffer periods apply or the length of buffer periods or both. The “buffer periods” refer to the number of years added to the length of the sentence for the purposes of determining the appropriate period in section 33(5)(a).