The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Amendment Order 2009

Made25th June 2009

Coming into force29th June 2009

The Scottish Ministers make the following Order in exercise of the powers conferred by section 4(4) of the Rehabilitation of Offenders Act 19741, and of all other powers enabling them to do so.

In accordance with section 10(2) of that Act, a draft of this Order been laid before and approved by resolution of the Scottish Parliament.

Citation, commencement and extent1

1

This Order may be cited as the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Amendment Order 2009 and comes into force on 29th June 2009.

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 20032

1

The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 20032 is amended in accordance with the following paragraphs.

2

In article 2(1) (interpretation)—

a

after the definition of ‘ administration of justice offence’ insert—

“adult at risk” has the meaning given by regulation 10 of the Police Act 1997 (Criminal Records) (Scotland) Regulations 20063;

b

after the definition of “relevant offence” insert—

“social care service” means any service provided by or on behalf of an organisation, not being a care service or a health service, which involves caring for, training of, or support, assistance, advice, counselling or guidance to, individuals relating to their physical or emotional well-being, education, training or welfare needs;

3

In Schedule 4 (excepted professions, offices, employments, and occupations), part 2, at the end, insert—

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Any employment or work concerned with the provision of a social care service which is of such a kind as to enable the holder of the position to have unsupervised one to one contact in the course of that person’s normal duties, with an adult at risk.

S ROBISONAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh25th June 2009

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2003 (‘the principal order’), which makes exceptions to the provisions of section 4 (effect of rehabilitation) of the Rehabilitation of Offenders Act 1974 (the Act). The principal order excludes further proceedings and types of work from certain provisions within that section. This order amends Schedule 4 of the principal order to provide that a post in a social care service involving one to one work with adults at risk is excepted from section 4(2)(a), (b) and 4(3)(b) of the Act which relates to the effect of a spent conviction on grounds of dismissal and exclusion of persons from certain types of work.