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The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013

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Scottish Statutory Instruments

2013 No. 50

Rehabilitation Of Offenders

The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013

Made

13th February 2013

Coming into force

14th February 2013

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 4(4), 7(4) and 10(1) of the Rehabilitation of Offenders Act 1974(1) and all other powers enabling them to do so.

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

Modifications etc. (not altering text)

Citation, commencement and extentS

1.—(1) This Order may be cited as the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013, and comes into force the day after the day on which it is made.

(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.

Commencement Information

I1Art. 1 in force at 14.2.2013, see art. 1(1)

InterpretationS

2.—(1) In this Order—

F1...

“the 2000 Act” means the Financial Services and Markets Act 2000(3);

“the 2001 Act” means the Regulation of Care (Scotland) Act 2001(4);

“the 2007 Act” means the Protection of Vulnerable Groups (Scotland) Act 2007(5);

“the 2010 Act” means the Public Services Reform (Scotland) Act 2010(6);

[F2“the 2025 Act” means the Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Act 2025;]

[F3“accredited body” has the meaning given in section 46(2) of the Disclosure Act,]

“the Act” means the Rehabilitation of Offenders Act 1974;

“actuary” means a member of the Institute and Faculty of Actuaries;

“accountant” means a member of—

(a)

the Association of Chartered Certified Accountants;

(b)

the Institute of Chartered Accountants of Scotland;

(c)

the Institute of Chartered Accountants in England and Wales;

(d)

the Chartered Institute of Public Finance and Accountancy; or

(e)

the Chartered Institute of Management Accountants;

“adopt” includes any arrangements to adopt a child, including arrangements for adoption where the proposed adopter is a relative of the child, whether under the Adoption and Children (Scotland) Act 2007(7) or the Adoptions with a Foreign Element (Scotland) Regulations 2009(8);

“approved regulator” has the meaning given in Part 2 of the Legal Services (Scotland) Act 2010(9);

“associate”, [F4except in the expression “registered associate”,] in relation to a person (“A”), means someone who is a controller, director or a manager of A or, where A is a partnership, any partner of A;

“authorised electronic money institution” has the meaning given by regulation 2(1) of the Electronic Money Regulations 2011(10);

“authorised payment institution” has the meaning given by regulation 2(1) of the [F5Payment Services Regulations 2017];

“care service” has the meaning given in section 47 of the 2010 Act;

[F3“children’s hearing outcome” means anything treated as a conviction for the purposes of section 3 (special provision with respect to certain disposals by children’s hearings) of the Act,]

“collective investment scheme” has the meaning given in section 235 of the 2000 Act;

F6...

“contracting authority” means a contracting authority within the meaning of Article 1(9) of Directive 2004/18/EC;

“contracting entity” means a contracting entity within the meaning of Article 2(2) of Directive 2004/17/EC;

“controller” has the meaning given in section 422 of the 2000 Act(11);

“Council of Lloyd’s” means the council constituted by section 3 of the Lloyd’s Act 1982(12);

[F7“depositary”, in relation to an authorised contractual scheme, has the meaning given in section 237(2) of the 2000 Act;]

[F8“designated core participant” has the meaning given by section 25(6) of the 2025 Act;]

“Directive 2004/17/EC” means Directive 2004/17/EC of the European Parliament and of the Council of 31st March 2004(13);

“Directive 2004/18/EC” means Directive 2004/18/EC of the European Parliament and of the Council of 31st March 2004(14);

“director” has the meaning given in section 417 of the 2000 Act;

[F3“Disclosure Act” means the Disclosure (Scotland) Act 2020,]

“electronic money institution” has the meaning given in regulation 2(1) of the Electronic Money Regulations 2011(15);

“enactment” includes an Act of the Scottish Parliament and any order, regulation or other instrument having effect by virtue of such an Act;

[F9“the FCA” means the Financial Conduct Authority;]

“firearms dealer” has the meaning given in section 57(4) of the Firearms Act 1968(16);

“Head of Practice” has the meaning given in Part 2 of the Legal Services Act;

“health services” means services provided under the National Health Service (Scotland) Act 1978(17) and similar services provided otherwise than under the National Health Service;

“Her Majesty’s Inspectors” has the meaning given in section 135 of the Education (Scotland) Act 1980(18);

F1...

“judicial appointment” means an appointment to any office by virtue of which the holder has power (whether alone or with others) under any enactment or rule of law to determine any question affecting the rights, privileges, obligations or liabilities of any person;

[F10“key worker” means—

(a)

any individual who is likely, in the course of exercising the duties of that individual’s office or employment, to play a significant role in the decision making process of the FCA, the PRA or the Bank of England in relation to the exercise of its public functions (within the meaning of section 349(5) of the 2000 Act); or

(b)

any individual who is likely, in the course of exercising the duties of that individual’s office or employment, to support directly an individual mentioned in paragraph (a);]

[F11“lay representative” means a person who—

(a)

is representing a party in civil proceedings in the sheriff court or proceedings in the Court of Session; and

(b)

is not—

(i)

a solicitor or an advocate; or

(ii)

someone having the right to conduct litigation, or a right of audience, by virtue of section 27 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990]

“the Legal Services Act” means the Legal Services (Scotland) Act 2010(19);

[F3“Level 2 disclosure” has the meaning given in section 8 of the Disclosure Act,]

“licensed legal services provider” has the meaning given in Part 2 of the Legal Services Act(20);

[F3“made available” means, in relation to a Level 2 disclosure, provided to the accredited body that countersigned the application in accordance with section 18(1)(a) of the Disclosure Act,]

“manager” has the meaning given in section 423 of the 2000 Act;

“non-solicitor investor” has the meaning given in Part 2 of the Legal Services Act(21);

“open-ended investment company” has the meaning given in section 236 of the 2000 Act;

[F12“operator”, in relation to an authorised contractual scheme, has the meaning given in section 237(2) of the 2000 Act;]

[F13“Part 4A permission” has the meaning given by section 55A(5) of the 2000 Act;]

“payment services” has the meaning given in regulation 2(1) of the [F5Payment Services Regulations 2017];

“personal information” means any information (in any form) which relates to a living individual who can be identified from that data, which is of a confidential nature and is not in the public domain;

[F9“the PRA” means the Prudential Regulation Authority;]

“Practice Committee” has the meaning given in Part 2 of the Legal Services Act(22);

“private hire driver” means a driver of a private hire car, as defined by section 23(1) of the Civic Government (Scotland) Act 1982(23), who is required to be licensed by a licensing authority under the provisions of that Act;

“prosecutor” has the meaning given in section 307 of the Criminal Procedure (Scotland) Act 1995(24);

F1...  

[F14“recognised clearing house” means a recognised clearing house as defined in section 285 of the 2000 Act;]

[F15“registered account information service provider” has the meaning given by regulation 2(1) of the Payment Services Regulations 2017;]

[F16“registered associate” means a person registered under the Anaesthesia Associates and Physician Associates Order 2024;]

“registered chiropractor” has the meaning given in section 43 of the Chiropractors Act 1994(25);

“registered European lawyer” has the meaning given in section 65 of the Solicitors (Scotland) Act 1980(26);

“registered foreign lawyer” has the meaning given in section 65 of the Solicitors (Scotland) Act 1980(27);

“registered osteopath” has the meaning given in section 41 of the Osteopaths Act 1993(28);

“registered pharmacist” means a person who is registered as a pharmacist in Part 1 or 4 of the register maintained under article 19 of the Pharmacy Order 2010(29);

“registered pharmacy technician” means a person who is registered in Part 2 or 5 of the register maintained under article 19 of the Pharmacy Order 2010;

“registered teacher” means a teacher registered under the Public Services Reform (General Teaching Council for Scotland) Order 2011(30);

“[F17a regulated role with adults]” has the meaning given in section 91(3) of the 2007 Act;

“[F18a regulated role with children]” has the meaning given in section 91(2) of the 2007 Act;

“relevant collective investment scheme” means a collective investment scheme which is recognised under section F19... 270 [F20(schemes authorised in designated countries or territories), 271A (schemes authorised in approved countries) or 272 (individually recognised overseas schemes)]of the 2000 Act;

[F21“requiring authority” has the meaning given by section 26(6) of the 2025 Act;]

[F3“school” has the meaning given in section 135(1) of the Education (Scotland) Act 1980,]

[F3“school care accommodation service” has the meaning given in paragraph 3 of schedule 12 of the Public Services Reform (Scotland) Act 2010,]

“Scottish Social Services Council” has the meaning given in section 43 of the 2001 Act;

F1...

“small electronic money institution” has the meaning given in regulation 2(1) of the Electronic Money Regulations 2011;

“small payment institution” has the meaning given in regulation 2(1) of the [F5Payment Services Regulations 2017];

“Social Care and Social Work Improvement Scotland” has the meaning given in section 44 of the 2010 Act;

“social service worker” has the meaning given in section 77 of the 2001 Act;

“social worker” has the meaning given in section 77 of the 2001 Act(31);

“taxi driver” means a driver of a taxi as defined by section 23(1) of the Civic Government (Scotland) Act 1982, who is required to be licensed by a licensing authority under the provisions of that Act;

“trustee”, in relation to a unit trust scheme, has the meaning given in section 237(2) of the 2000 Act;

F22...

“UK recognised investment exchange” means an investment exchange in relation to which a recognition order under section 290 of the 2000 Act, otherwise than by virtue of section 292(2) (overseas investment exchanges) of that Act, is in force;

“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.

[F23(1A) In this Order references to the Bank of England do not include the Bank acting in its capacity as the Prudential Regulation Authority.]

(2) Any reference in this Order to a numbered article or Schedule is, unless the context otherwise requires, a reference to the article or Schedule so numbered in this Order.

Textual Amendments

F5Words in art. 2(1) substituted (22.12.2017 for specified purposes, 13.1.2018 in so far as not already in force) by The Payment Systems and Services and Electronic Money (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/1173), regs. 1(3)(4), 6(a)(i)

F15Words in art. 2(1) inserted (22.12.2017 for specified purposes, 13.1.2018 in so far as not already in force) by The Payment Systems and Services and Electronic Money (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/1173), regs. 1(3)(4), 6(a)(ii)

Modifications etc. (not altering text)

Commencement Information

I2Art. 2 in force at 14.2.2013, see art. 1(1)

[F24[F25Non-disclosable convictions and non-disclosable children’s hearing outcomes]S

2A.—(1) For the purposes of this Order, a person’s conviction is a [F26non-disclosable] conviction if—

(a)it is a spent conviction; and

(b)either—

(i)it is not a conviction for an offence listed in Schedule A1 or B1; or

(ii)it is a conviction for an offence listed in Schedule B1 and at least one of the conditions specified in paragraph (2) is satisfied.

[F27(1A) For the purposes of this Order, a person’s children’s hearing outcome is a non-disclosable children’s hearing outcome if—

(a)the offence which led to the children’s hearing outcome is not an offence listed in schedule A1 or B1, or

(b)the offence which led to the children’s hearing outcome is an offence listed in schedule B1 and either of the conditions in paragraph (2A) is satisfied.]

(2) The conditions are—

(a)the sentence imposed 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 [F285] years and 6 months have passed since the date of conviction; and

(c)the person was aged 18 or over on the date of conviction and at least [F2911] years have passed since the date of conviction.

[F30(2A) The conditions are—

(a)the referral to the children’s hearing which led to the children’s hearing outcome was discharged under—

(i)section 69(1)(b) and (12) of the Children (Scotland) Act 1995, or

(ii)section 91(3)(b), 93(2)(b), 108(3)(b) or 119(3)(b) of the Children’s Hearings (Scotland) Act 2011,

(b)at least 5 years and 6 months have passed since the date of the children’s hearing outcome.]

F31(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

Exclusion of section 4(1) of the ActS

3.—[F32(1)] The application of section 4(1) of the Act is excluded in relation to—

(a)any proceedings specified in Schedule 1; and

(b)any proceedings with respect to a decision or a proposed decision specified in Part 1 of Schedule 2—

(i)to the extent that there falls to be determined in those proceedings any issue relating to a spent conviction or to circumstances ancillary thereto; and

(ii)to the extent that section 4(1) renders inadmissible any evidence relating to the conviction or circumstances or removes the requirement to answer any question relating to the conviction or circumstances.

[F33(2) But the application of section 4(1) of the Act is not excluded in relation to any [F34non-disclosable conviction or non-disclosable children’s hearing outcome], or any circumstances ancillary to such a conviction [F35or outcome], in relation to—

(a)proceedings specified in paragraphs 1, F36... 6, 8, 9, 13, 15, 16, 18, 20, 25 or 28 of Schedule 1; or

(b)proceedings specified in paragraph (1)(b).]

Textual Amendments

Commencement Information

I3Art. 3 in force at 14.2.2013, see art. 1(1)

Exclusion of section 4(2)(a) and (b) of the ActS

4.—[F37(1)] The application of section 4(2)(a) and (b) of the Act is excluded in relation to questions put in the circumstances to which Schedule 3 applies.

[F38[F39(2) But the application of section 4(2)(a) and (b) of the Act is not excluded in relation to any question relating to a spent conviction or a children’s hearing outcome, or any circumstance ancillary to that conviction or outcome, if that conviction or outcome is—

(a)a non-disclosable conviction,

(b)a conviction which—

(i)falls within paragraph (2A), and

(ii)is not included in a Level 2 disclosure made available in connection with the purpose for which the question is put,

(c)a non-disclosable children’s hearing outcome, or

(d)a children’s hearing outcome which—

(i)falls within paragraph (2B), and

(ii)is not included in a Level 2 disclosure made available in connection with the purpose for which the question is put.]

[F40(2A) A spent conviction falls within this paragraph if it is—

(a)a conviction for an offence listed in schedule A1 and either—

(i)the person was aged under 18 on the date of conviction and at least [F415] years and 6 months have passed since the date of conviction; or

(ii)the person was aged 18 or over on the date of conviction and at least [F4211] years have passed since the date of conviction; or

(b)a conviction for an offence listed in schedule B1 which is not a [F43non-disclosable] conviction.]

[F44(2B) A children’s hearing outcome falls within this paragraph if—

(a)the offence which led to the children’s hearing outcome is an offence listed in schedule A1 and at least 5 years and 6 months have passed since the date of the children’s hearing outcome, or

(b)the offence which led to the children’s hearing outcome is an offence listed in schedule B1 and it is not a non-disclosable children’s hearing outcome.]

(3) Paragraph (2) does not apply to—

(a)any question put to assess the suitability of a person to hold—

(i)any certificate or permit mentioned in paragraph 3(3)(a) [F45or (aa)] of Schedule 3;

(ii)a certificate mentioned in paragraph 3(3)(c) of that Schedule;

(iii)a licence mentioned in paragraph 3(3)(ca) of that Schedule;

(b)any question mentioned in [F46paragraphs 6(1) or 16] of Schedule 3; F47...

[F48(ba)any question put to assess the suitability of a person for an office or employment mentioned in paragraph 6 of Part 2 of schedule 4, or]

(c)any question put to assess the suitability of a person to hold an occupation mentioned in paragraph 1 or 4 of Part 3 of Schedule 4.

[F49(4) If a spent conviction which falls within paragraph (2A) or a children’s hearing outcome which falls within paragraph (2B) is included in a Level 2 disclosure, the application of section 4(2)(a) and (b) of the Act is not excluded in relation to any failure to disclose that conviction or outcome, or any circumstances ancillary to that conviction or outcome, which occurred before that Level 2 disclosure was made available.]]

[F50(5) Paragraph (4) does not apply if the failure to disclose the conviction [F51or children’s hearing outcome] related to a question asked when the conviction [F52or outcome] did not fall within paragraph (2A) [F53or (2B)].]

Textual Amendments

Commencement Information

I4Art. 4 in force at 14.2.2013, see art. 1(1)

[F54Exclusion of section 4(2)(a) and (b) of the Act: domestic homicide and suicide reviewsS

4A.—(1) The application of section 4(2)(a) and (b) of the Act is excluded in relation to questions put in circumstances to which paragraph (2) or (3) applies.

(2) This paragraph applies where the question requires to be answered as part of the duty of co-operation of a designated core participant under section 25(1) of the 2025 Act.

(3) This paragraph applies where the question requires to be answered as a result of a notice issued by a requiring authority under section 26(1) of the 2025 Act.]

Textual Amendments

Exceptions from section 4(3) of the ActS

5.—[F55(A1) There is excepted from the provisions of section 4(3)(a) of the Act an obligation—

(a)forming part of the duty of co-operation of a designated core participant under section 25(1) of the 2025 Act;

(b)to provide a requiring authority with information in response to a notice issued under section 26(1) of the 2025 Act.]

[F56(1)] There is excepted from the provisions of section 4(3)(b) of the Act—

(a)any profession, office, employment or occupation specified in Schedule 4;

(b)any action taken for the purpose of safeguarding national security; and

(c)any decision or proposed decision taken by a person specified in Part 1 of Schedule 2 to do or to refuse to do anything specified in that Part.

[F57[F58(2) But the exceptions in paragraphs (1)(a) and (c) do not apply in relation to a spent conviction or a children’s hearing outcome, or any circumstances ancillary to that conviction or outcome, if that conviction or outcome is—

(a)a non-disclosable conviction,

(b)a conviction which—

(i)falls within paragraph (2A), and

(ii)is not included in a Level 2 disclosure made available in connection with the profession, office, employment, occupation, decision or proposed decision to which the exception would otherwise apply,

(c)a non-disclosable children’s hearing outcome, or

(d)a children’s hearing outcome which—

(i)falls within paragraph (2B), and

(ii)is not included in a Level 2 disclosure made available in connection with the profession, office, employment, occupation, decision or proposed decision to which the exception would otherwise apply.]

[F59(2A) A spent conviction falls within this paragraph if it is—

(a)a conviction for an offence listed in schedule A1 and either—

(i)the person was aged under 18 on the date of conviction and at least [F605] years and 6 months have passed since the date of conviction; or

(ii)the person was aged 18 or over on the date of conviction and at least [F6111] years have passed since the date of conviction; or

(b)a conviction for an offence listed in schedule B1 which is not a [F62non-disclosable] conviction.]

[F63(2B) A children’s hearing outcome falls within this paragraph if—

(a)the offence which led to the children’s hearing outcome is an offence listed in schedule A1 and at least 5 years and 6 months have passed since the date of the children’s hearing outcome, or

(b)the offence which led to the children’s hearing outcome is an offence listed in schedule B1 and it is not a non-disclosable children’s hearing outcome.]

[F64(3) Paragraph (2) does not apply in relation to—

(a)an office or employment mentioned in paragraph 6 of Part 2 of schedule 4, or

(b)an occupation listed in paragraph 1 or 4 of Part 3 of schedule 4.]

[F65(4) If a spent conviction which falls within paragraph (2A) or a children’s hearing outcome which falls within paragraph (2B) is included in a Level 2 disclosure, the exceptions in paragraph (1)(a) and (c) do not apply to any failure to disclose that conviction or outcome, or any circumstances ancillary to that conviction or outcome, which occurred before that Level 2 disclosure was made available.]]

[F66(5) Paragraph (4) does not apply if the failure to disclose the conviction [F67or children’s hearing outcome] related to a question asked when the conviction [F68or outcome] did not fall within paragraph (2A) [F69or (2B)].]

Textual Amendments

Commencement Information

I5Art. 5 in force at 14.2.2013, see art. 1(1)

[F70Exclusion of paragraphs 3 and 4(2) and (3), [F715(1),] and exception from paragraph 5(2), of schedule 3 of the ActS

5A.—(1) The application of paragraph 3 of schedule 3 of the Act is excluded in relation to proceedings specified in paragraph 2 of schedule 1.

(2) The application of paragraph 4(2) and (3) of schedule 3 of the Act is excluded in relation to any question put to assess the suitability of a person for an office or employment mentioned in paragraph 6 of Part 2 of schedule 4.

[F72(2A) The application of paragraph 4(2) and (3) of schedule 3 of the Act is excluded in relation to any question which requires to be answered—

(a)as part of the duty of co-operation of a designated core participant under section 25(1) of the 2025 Act;

(b)as a result of a notice issued by a requiring authority under section 26(1) of the 2025 Act.

(2B) There is excepted from the provisions of paragraph 5(1) of schedule 3 of the Act an obligation—

(a)forming part of the duty of co-operation of a designated core participant under section 25(1) of the 2025 Act;

(b)to provide a requiring authority with information in response to a notice issued under section 26(1) of the 2025 Act.]

(3) There is excepted from the provisions of paragraph 5(2) of schedule 3 of the Act any office or employment mentioned in paragraph 6 of Part 2 of schedule 4.

(4) Paragraphs (1), (2) and (3) do not apply in relation to an alternative to prosecution, or to any ancillary circumstances, given to a person when that person was under the age of  18.]

Textual Amendments

RevocationS

6.  The instruments specified in column 1 of the table in Schedule 5 are revoked to the extent specified in column 2 of that table.

Commencement Information

I6Art. 6 in force at 14.2.2013, see art. 1(1)

KENNY MACASKILL

A member of the Scottish Government

St Andrew’s House,

Edinburgh

13th February 2013

Article 2A

[F73SCHEDULE A1S[F74OFFENCES WHICH MUST BE DISCLOSED SUBJECT TO EXCEPTIONS]

Textual Amendments

Common law offencesS

1.  Abduction.S

2.  Abortion.S

3.  Assault to the danger of life.S

4.  Assault to severe injury.S

5.  Assault with intent to rape or ravish.S

6.  Assault with intent to commit the statutory offence of rape.S

7.  Bestiality.S

8.  Cruel and unnatural treatment of persons.S

9.  Culpable homicide.S

[F759A.  Defeating the ends of justice.]S

Textual Amendments

10.  Drugging.S

[F7610A.  Embezzlement.]S

Textual Amendments

11.  Extortion.S

12.  Hamesucken.S

[F7712A.  Housebreaking with intent to steal.]S

Textual Amendments

F7813.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

[F7913A.  Perverting the course of justice (by whatever means and however the offence is described), including in particular—S

(a)false accusation of a crime,

(b)perjury,

(c)prevarication on oath,

(d)prison breaking,

(e)subornation of perjury.]

Textual Amendments

F8014.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

15.  Plagium.S

16.  Reset of plagium.S

[F8116A.  Robbery.S

Textual Amendments

[F8216AA.  Theft by housebreaking.]S

Textual Amendments

16B.  Wilful fire-raising.]S

Textual Amendments

F8317.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F8418.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

Statutory offencesS

Armed forcesS

19.  An offence under section 42 of the Armed Forces Act 2006 (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 maritimeS

F8520.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8521.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F8522.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F8523.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

[F86BriberyS

23A.  An offence under the Bribery Act 2010.]

Textual Amendments

ChildrenS

24.  An offence under section 12 of the Children and Young Persons (Scotland) Act 1937 (cruelty to persons under 16).

[F87Computer misuseS

24A.  An offence under section 3ZA of the Computer Misuse Act 1990 (unauthorised acts causing, or creating risk of, serious damage).]

Textual Amendments

[F87Domestic abuseS

24B.  An offence under section 76 of the Serious Crime Act 2015 (controlling or coercive behaviour in an intimate or family relationship).

Textual Amendments

24C.  An offence under section 2 of the Domestic Abuse (Scotland) Act 2011 (breach of domestic abuse interdict with power of arrest).

Textual Amendments

24D.  An offence under section 1 of the Domestic Abuse (Scotland) Act 2018 (abusive behaviour towards partner or ex-partner).]

Textual Amendments

[F8824E.  An offence under any of the following provisions of the Domestic Abuse (Protection) (Scotland) Act 2021—

(a)section 7 (offence of breaching notice),

(b)section 17 (offence of breaching order).]

Textual Amendments

ExplosivesS

25.  An offence under the Explosive Substances Act 1883.

[F89False statements and declarationsS

25A.  An offence under section 44 of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements and declarations).]

Textual Amendments

Firearms and other weaponsS

[F9025B.  An offence under section 1A of the Prevention of Crime Act 1953 (offence of threatening with offensive weapon in public).]

Textual Amendments

26.  An offence under any of the following provisions of the Firearms Act 1968—

(a)section 4 (conversion of weapons);

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

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

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

(e)section 17 (use of firearm to resist arrest);

(f)section 18 (carrying firearm with criminal intent);

(g)section 19 (carrying firearm in a public place);

(h)section 20 (trespassing with firearm);

(i)section 21 (possession of firearm by persons previously convicted of crime);

(j)section 24 (supplying firearms to minors);

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

F91(l). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F92(m). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F93(n). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F94(o). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F95(p). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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).

Textual Amendments

27.  An offence under the Chemical Weapons Act 1996.

[F9627A.  An offence under section 139AA of the Criminal Justice Act 1988 (offence of threatening with article with blade or point or offensive weapon).]

Textual Amendments

Forced marriageS

[F9727B.  An offence under section 9 of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 (offence of breaching order).]

Textual Amendments

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

[F98Fraud and forgeryS

28A.  An offence under any of the following provisions of the Forgery and Counterfeiting Act 1981—

(a)Part 1 (forgery and kindred offences),

(b)section 14 (offences of counterfeiting notes and coins),

(c)section 15 (offences of passing etc. counterfeit notes and coins),

(d)section 16 (offences involving custody or control of counterfeit notes and coins),

(e)section 17 (offences involving the making or custody or control of counterfeiting materials and implements).]

Textual Amendments

[F98HarassmentS

28B.  An offence under section 234A of the Criminal Procedure (Scotland) Act 1995 (non-harassment orders).

Textual Amendments

28C.  An offence under any of the following provisions of the Protection from Harassment Act 1997—

(a)section 2 (offence of harassment),

(b)section 2A (offence of stalking),

(c)section 4 (putting people in fear of violence),

(d)section 4A (stalking involving fear of violence or serious alarm or distress),

(e)section 9 (breach of non-harassment order).]

Textual Amendments

[F98HealthS

28D.  An offence under any of the following provisions of the Health and Care Act 2022—

(a)section 140 (offence of virginity testing: Scotland),

(b)section 141 (offence of offering to carry out virginity testing: Scotland),

(c)section 142 (offence of aiding or abetting etc. a person to carry out virginity testing: Scotland),

(d)section 152 (offence of carrying out hymenoplasty: Scotland),

(e)section 153 (offence of offering to carry out hymenoplasty: Scotland),

(f)section 154 (offence of aiding or abetting etc. a person to carry out hymenoplasty: Scotland).]

Textual Amendments

Human trafficking and exploitationS

29.  An offence under section 22 of the Criminal Justice (Scotland) Act 2003 (traffic in prostitution etc.).

30.  An offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (trafficking people for exploitation).

31.  An offence under section 47 of the Criminal Justice and Licensing (Scotland) Act 2010 (slavery, servitude and forced or compulsory labour).

[F9931A.  An offence under section 3A of the Female Genital Mutilation Act 2003 (offence of failing to protect girl from risk of genital mutilation).]

Textual Amendments

32.  An offence under the Prohibition of Female Genital Mutilation (Scotland) Act 2005.

[F10032A.  An offence under any of the following provisions of the Human Trafficking and Exploitation (Scotland) Act 2015—S

(a)section 1 (offence of human trafficking),

(b)section 4 (slavery, servitude, and forced or compulsory labour),

(c)section 32(1) (breach of certain orders).

Textual Amendments

InsolvencyS

32B.  An offence under any of the following provisions of the Insolvency Act 1986—

(a)section 206 (fraud, etc. in anticipation of winding up),

(b)section 207 (transactions in fraud of creditors),

(c)section 208 (misconduct in course of winding up),

(d)section 209 (falsification of company’s books),

(e)section 210 (material omissions from statement relating to company’s affairs),

(f)section 211 (false representations to creditors).]

Textual Amendments

Medical professions etc.S

33.  An offence under section 10Z9 of the National Health Service (Scotland) Act 1978 (offences in relation to registration).

34.  An offence under any of the following provisions of the Medical Act 1983—

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

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

[F10134A.  An offence under any of the following provisions of the Dentists Act 1984—

(a)section 38 (prohibition on practice of dentistry by laymen),

(b)section 39 (prohibition on use of practitioners’ titles by laymen).

Textual Amendments

34B.  An offence under section 28(1) of the Opticians Act 1989 (penalty for pretending to be registered etc.).

Textual Amendments

34C.  An offence under section 32 of the Osteopaths Act 1993 (offences).

Textual Amendments

34D.  An offence under section 32 of the Chiropractors Act 1994 (offences).

Textual Amendments

34E.  An offence under article 39 of the Health Professions Order 2001 (offences).

Textual Amendments

34F.  An offence under article 44 of the Nursing and Midwifery Order 2001  (offences).]

Textual Amendments

35.  An offence under article 38 (offences relating to the Register) of the Pharmacy Order 2010.

[F10235A.  An offence under article 19 of the Anaesthesia Associates and Physician Associates Order 2024 (offences relating to registration etc.).]

Textual Amendments

MedicinesS

36.  An offence under any of the following provisions of the Medicines Act 1968—

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

(b)section 78 (restrictions on use of titles, descriptions and emblems)(32).

[F103National Security and] Official SecretsS

37.  An offence under the Official Secrets Act 1911(33).

Textual Amendments

[F10437A.  An offence under the Official Secrets Act 1920.S

Textual Amendments

37B.  An offence under the Official Secrets Act 1989.S

Textual Amendments

[F10537BA.  An offence under any of the following provisions of the National Security Act 2023—S

(a)section 1 (obtaining or disclosing protected information),

(b)section 2 (obtaining or disclosing trade secrets),

(c)section 3 (assisting a foreign intelligence service),

(d)section 4 (entering etc a prohibited place for a purpose prejudicial to the UK),

(e)section 12 (sabotage),

(f)section 13 (foreign interference: general),

(g)section 17 (obtaining etc material benefits from a foreign intelligence service),

(h)section 18 (preparatory conduct).]

Textual Amendments

Proceeds of crime and money launderingS

37C.  An offence under any of the following provisions of the Proceeds of Crime Act 2002—

(a)Part 7 (money laundering), other than section 339(1A),

(b)Part 8 (investigations).]

Textual Amendments

ProstitutionS

38.  An offence under any of the following provisions of the Criminal Law (Consolidation) (Scotland) Act 1995(34)—

(a)section 7(35) (procuring);

[F106(aa)section 9 (permitting girl to use premises for intercourse);]

(b)section 11(36) (trading in prostitution and brothel-keeping); F107...

(c)section 12 (allowing child to be in brothel);

[F108(d)section 13(9) (living on the earnings of another from male prostitution).]

Textual Amendments

Road trafficS

39.  An offence under any of the following provisions of the Road Traffic Act 1988(37)—

(a)section 1(38) (causing death by dangerous driving);

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

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

Serious organised crimeS

[F10939A.  An offence under section 67 of the Serious Organised Crime and Police Act 2005 (offences in connection with disclosure notices or search warrants).]

Textual Amendments

40.  An offence under any of the following provisions of the Criminal Justice and Licensing (Scotland) Act 2010—

(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 offencesS

41.  An offence under section 50(3) of the Customs and Excise Management Act 1979 (penalty for improper importation of goods) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876(39), but only where the prohibited goods include indecent photographs of persons.

[F11041A.  An offence under section 51A of the Civic Government (Scotland) Act 1982 (extreme pornography).]

Textual Amendments

42.  A sexual offence within the meaning given by section 210A(10) of the Criminal Procedure (Scotland) Act 1995(40) 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.  [F111An offence under any of the following provisions of the Sexual Offences Act 2003—

[F112(za)section 66A (sending etc. photograph or film of genitals),

(zb)section 66B (sharing or threatening to share intimate photograph or film),]

(a)section 67A (voyeurism: additional offences),

(b)section 103I (breach of sexual harm prevention order or interim sexual harm prevention order),

(c)section 113 (breach of sexual offences prevention order or interim sexual offences prevention order, etc.),

(d)section 122H (breach of sexual risk order or interim sexual risk order).]

Textual Amendments

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.)(42)

[F11344A.  An offence under any of the following provisions of the Sexual Offences (Scotland) Act 2009—

(a)section 54 (incitement to commit certain sexual acts outside Scotland),

(b)section 54A (offences committed outside Scotland),

(c)section 55 (offences committed outside the United Kingdom; child victims).

Textual Amendments

44B.  An offence under section 69 of the Serious Crime Act 2015 (possession of paedophile manual).

Textual Amendments

44C.  An offence under any of the following provisions of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016—

(a)section 2 (disclosing, or threatening to disclose, an intimate photograph or film),

(b)section 24 (breach of sexual harm prevention order or interim sexual harm prevention order),

(c)section 34 (breach of sexual risk order or interim sexual risk order),

(d)section 37 (breach of orders equivalent to orders in Chapters 3 and 4).

Textual Amendments

SolicitorsS

44D.  An offence under the Solicitors (Scotland) Act 1980.]

Textual Amendments

Stalking and harassmentS

45.  An offence under section 50A of the Criminal Law (Consolidation) (Scotland) Act 1995(43) (racially aggravated harassment).

46.  An offence under any of the following provisions of the Criminal Justice and Licensing (Scotland) Act 2010(44)—

F114(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)section 39 (offence of stalking).

Textual Amendments

[F11546ZA.  An offence under any of the following provisions of the Hate Crime and Public Order (Scotland) Act 2021—

(a)section 3 (racially aggravated harassment),

(b)section 4(1) or (2) (offence of stirring up hatred).]

Textual Amendments

[F116TaxationS

46A.  An offence under any of the following provisions of the Criminal Finances Act 2017—

(a)section 45(1) (failure to prevent facilitation of UK tax evasion offences),

(b)section 46(1) (failure to prevent facilitation of foreign tax evasion offences).]

Textual Amendments

TerrorismS

47.  An offence under any of the following provisions of the Terrorism Act 2000(45)—

(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)(46);

(g)section 18 (money laundering);

(h)section 19(47) (disclosure of information: duty);

(i)section 21A (failure to disclose: regulated sector);

(j)section 21D (tipping off: regulated sector);

(k)section 38B (information about acts of terrorism);

(l)section 39 (disclosure of information, &c.);

(m)section 54 (weapons training);

(n)section 56 (directing terrorist organisation);

(o)section 57 (possession for terrorist purposes);

(p)section 58 (collection of information);

(q)section 58A (eliciting, publishing or communicating); F117...

[F118(qa)section 58B (entering or remaining in a designated area);]

(r)section 61 (inciting terrorism overseas).

Textual Amendments

48.  An offence under any of the following provisions of the Anti-terrorism, Crime and Security Act 2001—

(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);

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

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

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

(j)paragraph 7 of Schedule 3 (offences).

49.  An offence under the Terrorism Act 2006.

50.  An offence under any of the following provisions of the Counter-Terrorism Act 2008—

(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 7 (offences: relevant person circumventing requirements); and

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

Violent offender ordersS

51.  An offence under section 113(1) of the Criminal Justice and Immigration Act 2008 (breach of violent offender order or interim violent offender order).

Vulnerable personsS

52.  An offence under section 83 of the Adults with Incapacity (Scotland) Act 2000 (offence of ill-treatment and wilful neglect).

53.  An offence under section 315 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (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 2007—

(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 2007 (banning orders).

[F11955A.  An offence under section 26 of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (care worker offence)]S

Textual Amendments

Witness protectionS

56.  An offence under any of the following provisions of the Serious Organised Crime and Police Act 2005—

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

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

[F120Miscellaneous statutory offencesS

56A.  An offence under section 184(1) of the Online Safety Act 2023 (offence of encouraging or assisting serious self-harm).]

Textual Amendments

Statutory aggravationsS

57.  An offence in relation to which [F121any] of the following provisions applies—

(a)section 29(1) of the Criminal Justice and Licensing (Scotland) Act 2010 (offences aggravated by connection with serious organised crime); F122...

(b)section 31 of the Counter-Terrorism Act 2008 (offences aggravated by terrorism);

[F123(c)section 5 of the Human Trafficking and Exploitation (Scotland) Act 2015 (aggravation by connection with human trafficking activity);

(d)section 1 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (offences aggravated by involving abuse of partner or ex-partner).]

Textual Amendments

OtherS

Common law aggravationsS

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.

[F12459A.  An offence of assault the conviction for which indicates that it resulted in any of the following—

(a)disability,

(b)disfigurement (permanent or otherwise),

(c)impairment (permanent or otherwise)]

Textual Amendments

Inchoate offencesS

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 [F12559A] of this Schedule.

Textual Amendments

61.  An offence committed by attempting or conspiring to commit the offence of murder or any offence listed in paragraphs 1 to [F12659A] of this Schedule.

Textual Amendments

Superseded offencesS

62.  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).

Combined offencesS

63.  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.

Corresponding offences elsewhere in the UK or abroadS

64.  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.]

Articles 2A, 4 and 5

[F127SCHEDULE B1SOFFENCES WHICH ARE TO BE DISCLOSED SUBJECT TO RULES

Textual Amendments

Common law offencesS

F1281.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

2.  Assault excluding any assault of a kind listed in Schedule A1.S

3.  Breach of the peace.S

4.  Clandestinely taking possession.S

5.  Culpable and reckless conduct.S

[F1295A.  Culpable and reckless conduct to the danger of life.]S

Textual Amendments

[F1305B.  Culpable and reckless discharge of a firearm.]S

Textual Amendments

6.  Culpable and reckless endangering of the public.S

7.  Culpable and reckless fireraising.S

F1318.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F1329.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

10.  Fraud.S

[F13310A.  Hijacking.]S

Textual Amendments

[F13410B.  Opening a lockfast place.]S

Textual Amendments

F13511.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F13612.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

13.  Opening a lockfast place with intent to steal.S

[F13713A.  Piracy.]S

Textual Amendments

14.  Public indecency.S

15.  Reset (excluding reset of plagium).S

F13816.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

17.  Theft (excluding plagium).S

[F13917A.  Treason.]S

Textual Amendments

18.  Uttering.S

[F14018A.  Uttering threats.]S

Textual Amendments

F14119.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

Statutory offencesS

Adult support and protectionS

20.  An offence under section 49 of the Adult Support and Protection (Scotland) Act 2007(66) (obstruction).

AnimalsS

F14221.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14222.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14223.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14224.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14225.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14226.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14227.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14228.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14229.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Armed forcesS

30.  An offence under section 42 of the Armed Forces Act 2006(74) (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 officialsS

31.  An offence under section 89 of the Police Act 1996(75) (assaults on constables).

32.  An offence under section 32 of the Commissioners for Revenue and Customs Act 2005 (assault).

33.  An offence under the Emergency Workers (Scotland) Act 2005(76).

34.  An offence under section 85 of the Fire (Scotland) Act 2005 (false alarms).

35.  An offence under section 90 of the Police and Fire Reform (Scotland) Act 2012(77) (assaulting or impeding police).

[F143Aviation, maritime and spaceflight]S

35A.  [F144An offence under the Piracy Act 1837.]

Textual Amendments

36.  An offence under any of the following provisions of the Aviation Security Act 1982—S

[F145(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),

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

Textual Amendments

[F14636A.  An offence under section 9 of the Aviation and Maritime Security Act 1990 (hijacking of ships).S

Textual Amendments

36B.  An offence under article 265 of the Air Navigation Order 2016 in respect of a contravention of article 240 of that Order (endangering safety of an aircraft).S

Textual Amendments

36C.  An offence under any of the following paragraphs of schedule 4 of the Space Industry Act 2018—S

(a)paragraph 1 (hijacking of spacecraft),

(b)paragraph 2 (destroying, damaging or endangering safety of spacecraft),

(c)paragraph 3 (other acts of endangering or likely to endanger safety of spacecraft),

(d)paragraph 5 (offences in relation to certain dangerous articles).]

Textual Amendments

Bomb hoaxesS

F14737.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

BriberyS

F14838.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Care servicesS

39.  An offence under any of the following provisions of the Regulation of Care (Scotland) Act 2001—

(a)section 45 (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 2010—

(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 2011 (offences).

42.  An offence under regulation 19 of the Social Care and Social Work Improvement (Scotland) (Requirements for Care Services) Regulations 2011 (offences).

CharitiesS

43.  An offence under the Charities and Trustee Investment (Scotland) Act 2005.

Child SupportS

44.  An offence under section 50 of the Child Support Act 1991 (unauthorised disclosure of information).

ChildrenS

45.  An offence under section 6 of the Child Abduction Act 1984 (offence in Scotland of parent, etc. taking or sending child out of United Kingdom).

[F149Computer misuseS

45A.  An offence under any of the following provisions of the Computer Misuse Act 1990—

(a)section 1 (unauthorised access to computer material),

(b)section 2 (unauthorised access with intent to commit or facilitate commission of further offences),

(c)section 3 (unauthorised acts with intent to impair, or with recklessness as to impairing, operation of a computer etc.),

(d)section 3A (making, supplying or obtaining articles for use in an offence under section 1, 3 or 3ZA).]

Textual Amendments

CrossbowsS

46.  An offence under section 1 of the Crossbows Act 1987 (sale and letting on hire).

Domestic abuseS

F15047.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

DrugsS

48.  An offence under any of the following provisions of the Misuse of Drugs Act 1971—

(a)section 3 (restriction of importation and exportation of controlled drugs);

(b)section 4 (restriction of production and supply of controlled drugs);

(c)section 4A (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 12 (directions prohibiting prescribing, supply etc. of controlled drugs by practitioners etc. convicted of certain offences);

(h)section 13 (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 19 (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 1979 in relation to goods prohibited to be imported or exported under section 3(1) of the Misuse of Drugs Act 1971 (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 1990.

[F15150A.  An offence under any of the following provisions of the Psychoactive Substances Act 2016—

(a)section 5 (supplying, or offering to supply, a psychoactive substance),

(b)section 7 (possession of psychoactive substance with the intent to supply),

(c)section 8 (importing or exporting a psychoactive substance),

(d)section 9 (possession of a psychoactive substance in a custodial institution),

(e)section 48 (offence in relation to enforcement officers).]

Textual Amendments

Escape from custody etc.S

51.  An offence under section 316 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (inducing and assisting absconding etc.).

52.  An offence under section 91 of the Police and Fire Reform (Scotland) Act 2012 (escape from custody).

Financial ServicesS

53.  An offence under the Financial Services and Markets Act 2000.

54.  An offence under the Financial Services Act 2012.

Fire safetyS

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

FirearmsS

56.  An offence under any of the following provisions of the Firearms Act 1968—

(a)section 1 (requirement of firearms certificate);

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

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

(d)section 22 (acquisition and possession of firearms by minors); F152...

(e)section 23 (exceptions from section 22(4));

[F153(f)section 28A(7) (certificates: supplementary);

(g)section 29 (variation of firearm certificates);

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

(i)section 39 (offences in connection with registration);

(j)section 40 (compulsory register of transactions in firearms).]

Textual Amendments

57.  An offence under section 50(5) of the Civic Government (Scotland) Act 1982 (drunk in possession of firearm).

58.  An offence under the Firearms (Amendment) Act 1997.

59.  An offence under any of the following provisions of the Violent Crime Reduction Act 2006—

(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).

[F15459A.  An offence under section 31 of the Air Weapons and Licensing (Scotland) Act 2015 (false statements, certificate and permits).]

Textual Amendments

Food safety and standardsS

60.  An offence under any of the following provisions of the Food Safety Act 1990—

(a)section 7 (rendering food injurious to health); and

(b)section 9 (inspection and seizure of suspected food).

61.  An offence under regulation 4(b) of the General Food Regulations 2004.

Forced marriageS

F15562.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Fraud and forgeryS

[F15663.  An offence under any of the following provisions of the Forgery and Counterfeiting Act 1981—

(a)section 18 (offence of reproducing British currency notes),

(b)section 19 (offences of making etc. imitation British coins).]

Textual Amendments

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

[F15764A.  An offence under the Fraud Act 2006.

Textual Amendments

64B.  An offence under section 993 of the Companies Act 2006 (offence of fraudulent trading).]

Textual Amendments

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

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

HarassmentS

F15867.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15868.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Immigration, etc.S

F15869.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

70.  An offence under any of the following provisions of the Immigration and Asylum Act 1999—

(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 4 (assaulting a detainee custody officer); and

(iii)paragraph 5 (obstructing detainee custody officer); and

F159(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

71.  An offence under section 35 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (deportation or removal: cooperation).

72.  An offence under section 21 of the Immigration, Asylum and Nationality Act 2006 (offence).

InsolvencyS

73.  An offence under any of the following provisions of the Insolvency Act 1986—

(a)section 131 (company’s statement of affairs);

F160(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F161(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)section 216 (restriction on re-use of company names); and

(e)section 235 (duty to co-operate with office-holder).

Textual Amendments

LandminesS

74.  An offence under section 2 of the Landmines Act 1998 (prohibited conduct).

[F162LasersS

74A.  An offence under the Laser Misuse (Vehicles) Act 2018.]

Textual Amendments

MedicinesS

75.  An offence under section 67(2) [F163or] (3) (offences under Part III) of the Medicines Act 1968.

Textual Amendments

76.  An offence under any of the following provisions of the Human Medicines Regulations 2012—

(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).

Mental healthS

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

Neglect of dutyS

78.  An offence under Part 4 (shipping: alcohol and drugs) or Part 5 (aviation: alcohol and drugs) of the Railways and Transport Safety Act 2003.

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

Obscene material etc.S

80.  An offence under section 1(1) of the Indecent Displays Act 1981 (indecent displays).

81.  An offence under any of the following provisions of the Civic Government (Scotland) Act 1982 —

(a)section 51 (obscene material);

F164(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F165(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

82.  An offence under section 85(3) of the Postal Services Act 2000 (prohibition on sending certain articles by post).

83.  An offence under section 127(1) of the Communications Act 2003 (improper use of public electronic communications network).

Offences in relation to childrenS

84.  An offence under any of the following provisions of the Children and Young Persons (Scotland) Act 1937—

(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 1963 (offences).

86.  An offence under section 50(2) of the Civic Government (Scotland) Act 1982 (drunk in charge of a child).

87.  An offence under section 81 of the Children (Scotland) Act 1995 (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 2011—

(a)section 59 (offences); and

(b)section 171 (offences related to absconding).

[F16688A.  An offence under section 75 of the Age of Criminal Responsibility (Scotland) Act 2019.]

Textual Amendments

Offensive behaviour etc.S

F16789.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Offensive weaponsS

90.  An offence under the Restriction of Offensive Weapons Act 1959.

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 1979 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 1988—

(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 1995—

(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).

[F16893A.  An offence under any of the following provisions of the Offensive Weapons Act 2019—

(a)section 1 (sale of corrosive products to persons under 18),

(b)section 6 (offence of having a corrosive substance in a public place),

(c)section 11(5) (offences of obstruction and concealment relating to a search for corrosive substances: Scotland);

[F169(d)section 38 (delivery of bladed products to residential premises etc),

(e)section 39 (delivery of bladed products to persons under 18),

(f)section 42 (delivery of bladed articles to persons under 18).]]

Textual Amendments

[F17093B.  An offence under section 21(1) of the Fireworks and Pyrotechnic Articles (Scotland) Act 2022 (prohibition on providing fireworks or pyrotechnics to children).]

Textual Amendments

Official Secrets ActsS

F17194.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17195.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

PrisonsS

F17196.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Proceeds of crime and money launderingS

97.  An offence under any of the following provisions of the Proceeds of Crime Act 2002—

[F172(a)section 339(1A) (making disclosures otherwise than in the prescribed form and manner);]

F173(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Textual Amendments

98.  An offence under the Proceeds of Crime Act 2002 (External Investigations) Order 2013.

99.  An offence under the Proceeds of Crime Act 2002 (External Investigations) (Scotland) Order 2015.

ProstitutionS

F174100.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

101.  An offence under the Prostitution (Public Places) (Scotland) Act 2007.

Public orderS

102.  An offence under any of the following provisions of the Public Order Act 1986—

(a)section 1 (riot);

(b)section 2 (violent disorder);

(c)section 3 (affray);

(d)section 4 (fear or provocation of violence);

(e)section 4A (intentional harassment, alarm or distress);

[F175(ea)section 4B (intentional harassment, alarm or distress on account of sex);]

(f)section 5 (harassment alarm or distress);

(g)section 18 (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 29B (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).

Textual Amendments

[F176102A.  An offence under section 68(1) of the Criminal Justice and Public Order Act 1994 (aggravated trespass).]

Textual Amendments

[F177102B.  An offence under any of the following provisions of the Abortion Services (Safe Access Zones) (Scotland) Act 2024—

(a)section 4(1) (offence of influencing, preventing access or causing harassment etc. in safe access zone),

(b)section 5(1) (offence of influencing, preventing access or causing harassment etc. in area visible or audible from safe access zone).]

Textual Amendments

Road trafficS

103.  An offence under any of the following provisions of the Road Traffic Act 1988—

(a)section 1A (causing serious injury by dangerous driving);

(b)section 2 (dangerous driving);

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

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

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

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

(g)section [F1785(1)] (driving or being in charge of a motor vehicle with alcohol concentration above prescribed limit); F179...

[F180(ga)section 5A (driving or being in charge of a motor vehicle with concentration of specified controlled drug above specified limit);]

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

Textual Amendments

Sexual offencesS

104.  An offence under section 37(1) or (4) of the Sexual Offences (Scotland) Act 2009 (older children engaging in sexual conduct with each other).

SolicitorsS

F181105.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

TerrorismS

106.  An offence under any of the following provisions of the Terrorism Act 2000—

(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 7 (offences).

[F182Threatening or abusive behaviourS

106A.  An offence under section 38 of the Criminal Justice and Licensing (Scotland) Act 2010 (threatening or abusive behaviour).]

Textual Amendments

[F183TreasonS

106B.  An offence under the Treason Act 1351.

Textual Amendments

106C.  An offence under the Treason Act 1708.

Textual Amendments

106D.  An offence under section 2 of the Treason Act 1842.]

Textual Amendments

VetsS

F184107.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Miscellaneous statutory offencesS

108.  An offence under any of the following provisions of the Civic Government (Scotland) Act 1982—

(a)section 57 (being in or on building etc. with intent to commit theft);

(b)section 58 (convicted thief in possession); and

(c)section 60 (powers of search and seizure).

109.  An offence under section 22 of the Rent (Scotland) Act 1984 (unlawful eviction and harassment of occupier).

[F185109A.  An offence under section 1 of the Malicious Communications Act 1988 (sending letters etc. with intent to cause distress or anxiety).]

Textual Amendments

110.  [F186An offence under any of the following provisions of the Postal Services Act 2000—

(a)section 83 (interfering with the mail: postal operators),

(b)section 85(1) (prohibition on sending certain articles by post).]

Textual Amendments

111.  An offence under any of the following provisions of the Serious Organised Crime and Police Act 2005—

F187(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)section 129 (corresponding Scottish offence);

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

(d)section 146 (intimidation of persons connected with animal research organisation).

Textual Amendments

[F188111A.  An offence under any of the following provisions of the Online Safety Act 2023—

(a)section 179(1) (false communications offence),

(b)section 181(1) (threatening communications offence),

(c)section 183(1) or (8) (offences of sending or showing flashing images electronically).]

Textual Amendments

Statutory aggravationsS

112.  An offence (other than an offence listed in Schedule A1) in relation to which either of the following provisions applies—

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

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

113.  An offence (other than an offence listed in Schedule A1) to which either of the following provisions of the Offences (Aggravation by Prejudice) (Scotland) Act 2009 applies—

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

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

OtherS

Common law aggravationsS

114.  An offence (other than an offence listed in Schedule A1 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 A1 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.

[F189115A.  An offence of culpable and reckless conduct, the conviction for which indicates that it resulted in any of the following—

(a)injury,

(b)severe injury,

(c)disfigurement (permanent or otherwise).]

Textual Amendments

Inchoate offencesS

116.  An offence committed by aiding, abetting, counselling, procuring or inciting the commission of any offence listed in paragraphs 1 to [F190115A] of this Schedule.

Textual Amendments

117.  An offence committed by attempting or conspiring to commit any offence listed in paragraphs 1 to [F191115A] of this Schedule.

Textual Amendments

Superseded offencesS

118.  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).

Combined offencesS

119.  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.

Corresponding offences elsewhere in the UK or abroadS

120.  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.]

Article 3(a)

SCHEDULE 1SPROCEEDINGS

1.  Proceedings in respect of a person’s admission to, or disciplinary proceedings against a member of, any profession specified in Part 1 of Schedule 4 to this Order.S

Commencement Information

I7 Sch. 1 para. 1 in force at 14.2.2013, see art. 1(1)

2.  Disciplinary proceedings against a constable.S

Commencement Information

I8 Sch. 1 para. 2 in force at 14.2.2013, see art. 1(1)

[F1923.  Proceedings—S

(a)before the Gambling Commission, including proceedings in respect of the grant or revocation of a licence under Part 1 of the National Lottery etc. Act 1993; or

(b)by way of appeal to the Court of Session against the revocation of such a licence by the Gambling Commission.]

Textual Amendments

4.  Proceedings under the Mental Health (Care and Treatment) (Scotland) Act 2003(32) before the Mental Health Tribunal for Scotland or the Mental Welfare Commission for Scotland.S

Commencement Information

I9 Sch. 1 para. 4 in force at 14.2.2013, see art. 1(1)

5.  Proceedings under the Firearms Act 1968(33) in respect of—S

(a)the registration of a person as a firearms dealer, the removal of a person’s name from a register of firearms dealers or the imposition, variation or revocation of conditions of any such registration;

(b)the grant, renewal, variation or revocation of a firearm certificate;

(c)the grant, renewal or revocation of a shot gun certificate; or

(d)the grant of a permit under section 7(1), 9(2) or 13(1)(c) of that Act(34).

Commencement Information

I10 Sch. 1 para. 5 in force at 14.2.2013, see art. 1(1)

[F1935A.  Proceedings under Part 1 of the Air Weapons and Licensing (Scotland) Act 2015 in respect of—S

(a)the grant or renewal of an air weapon certificate under section 5 of that Act;

(b)the variation of an air weapon certificate under section 10 of that Act;

(c)the revocation of an air weapon certificate under section 11 of that Act;

(d)the grant of a permit under section 12, 13 or 17 of that Act; or

(e)the variation or revocation of a permit under section 16 of that Act.]

Textual Amendments

6.  Proceedings in respect of the grant, renewal or variation of a licence under section 25 (restrictions on persons under eighteen going abroad for the purpose of performing for profit) of the Children and Young Persons Act 1933(35).S

Commencement Information

I11 Sch. 1 para. 6 in force at 14.2.2013, see art. 1(1)

7.  Proceedings in respect of a determination by the Scottish Ministers as to the suitability of a person to be the proprietor of an independent school within the meaning of section 135 of the Education (Scotland) Act 1980(36) including proceedings before the sheriff principal in respect of the above matters under section 102 of the Education (Scotland) Act 1980(37).S

Commencement Information

I12 Sch. 1 para. 7 in force at 14.2.2013, see art. 1(1)

8.  Proceedings in respect of an application for, or cancellation of the Scottish Ministers’ approval of a place under section 1 of the Abortion Act 1967(38).S

Commencement Information

I13 Sch. 1 para. 8 in force at 14.2.2013, see art. 1(1)

9.  Proceedings before Social Care and Social Work Improvement Scotland under Part 5 of the 2010 Act.S

Commencement Information

I14 Sch. 1 para. 9 in force at 14.2.2013, see art. 1(1)

[F19410.  Proceedings under the Explosives Regulations 2014 (“the 2014 Regulations”) in respect of—S

(a)the application to the chief officer of police for an explosives certificate pursuant to regulations 4, 5 and 11 of the 2014 Regulations certifying a person to be a fit and proper person to acquire or acquire and keep explosives;

(b)the revocation of such certificates pursuant to regulation 21 of the 2014 Regulations;

(c)an appeal or application to the Sheriff under regulation 22 of the 2014 Regulations against a decision taken under regulation 19 or 21.]

Textual Amendments

[F19510A.  Proceedings relating to the grant, amendment, variation, suspension or revocation of a licence under [F196section 4A of the Poisons Act 1972.].]S

Textual Amendments

11.  Proceedings by way of appeal against, or review of, any decision taken, by virtue of any of the provisions of this Order, on consideration of a spent conviction.S

Commencement Information

I15 Sch. 1 para. 11 in force at 14.2.2013, see art. 1(1)

12.  Proceedings held for the receipt of evidence affecting the determination of any question arising in any proceedings specified in this Schedule.S

Commencement Information

I16 Sch. 1 para. 12 in force at 14.2.2013, see art. 1(1)

13.  Proceedings held in respect of an application for the grant, renewal, or cancellation of a licence to be a taxi driver or private hire driver.S

Commencement Information

I17 Sch. 1 para. 13 in force at 14.2.2013, see art. 1(1)

F19714.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

15.  Proceedings in connection with a decision of the Scottish Social Services Council under Part 3 of the 2001 Act.S

Commencement Information

I18 Sch. 1 para. 15 in force at 14.2.2013, see art. 1(1)

16.  Proceedings in respect of a decision by a local authority to—S

(a)refuse to enter a person in; or

(b)remove a person from,

the register maintained by the authority under section 82(1) of the Antisocial Behaviour etc. (Scotland) Act 2004(39).

Commencement Information

I19 Sch. 1 para. 16 in force at 14.2.2013, see art. 1(1)

17.  Proceedings before the Parole Board for Scotland.S

Commencement Information

I20 Sch. 1 para. 17 in force at 14.2.2013, see art. 1(1)

18.  Proceedings in respect of the award, suspension or withdrawal of accreditation under any accreditation scheme made by the Scottish Ministers under section 11(1) of the Criminal Justice (Scotland) Act 2003(40).S

Commencement Information

I21 Sch. 1 para. 18 in force at 14.2.2013, see art. 1(1)

19.  The following proceedings under the Proceeds of Crime Act 2002(41)—S

(a)proceedings under Chapters 2 or 3 of Part 5;

(b)proceedings in relation to a notice under section 317(2), 321(2) or 322(2); and

(c)proceedings in respect of an application made under Part 8 in connection with a civil recovery investigation (within the meaning of section 341).

Commencement Information

I22 Sch. 1 para. 19 in force at 14.2.2013, see art. 1(1)

20.  Proceedings under section 11 of the Private Security Industry Act 2001(42).S

Commencement Information

I23 Sch. 1 para. 20 in force at 14.2.2013, see art. 1(1)

21.  The following proceedings under the Adults with Incapacity (Scotland) Act 2000(43)—S

(a)proceedings before the sheriff under section 20(44) 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.

Commencement Information

I24 Sch. 1 para. 21 in force at 14.2.2013, see art. 1(1)

22.  Proceedings for or in connection with the recovery of compensation under sections 7A to 7D of the Criminal Injuries Compensation Act 1995(45).S

Commencement Information

I25 Sch. 1 para. 22 in force at 14.2.2013, see art. 1(1)

23.  Proceedings before the Scottish Criminal Cases Review Commission.S

Commencement Information

I26 Sch. 1 para. 23 in force at 14.2.2013, see art. 1(1)

24.  Proceedings before the assessor appointed either by the Scottish Ministers under section 133(4) of the Criminal Justice Act 1988(46) or in accordance with any scheme operated by the Scottish Ministers for the payment of compensation to a person who has spent time in custody following a wrongful conviction or charge.S

Commencement Information

I27 Sch. 1 para. 24 in force at 14.2.2013, see art. 1(1)

25.  Proceedings before the NHS Tribunal under Part II of the National Health Service (Scotland) Act 1978(47).S

Commencement Information

I28 Sch. 1 para. 25 in force at 14.2.2013, see art. 1(1)

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(48).S

Commencement Information

I29 Sch. 1 para. 26 in force at 14.2.2013, see art. 1(1)

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

Commencement Information

I30 Sch. 1 para. 27 in force at 14.2.2013, see art. 1(1)

28.  Proceedings before the Court of Session or the sheriff in order to determine the suitability of a person to become a lay representative.S

Commencement Information

I31 Sch. 1 para. 28 in force at 14.2.2013, see art. 1(1)

[F19829.  Proceedings under the Children’s Hearings (Scotland) Act 2011.]S

Textual Amendments

[F19930.  Proceedings to determine whether regulation 6(1) (convictions) of the Victims' Payment Regulations 2020 excludes a person from entitlement to payments under those regulations.]S

Textual Amendments

[F20031.  Proceedings under Chapter 3 (sexual harm prevention orders) or 4 (sexual risk orders) of Part 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.]S

Textual Amendments

Article 3(b)

SCHEDULE 2SFINANCIAL SERVICES

PART 1SDecisions referred to at Articles 3(b) and 5(c)

1.  [F201Any decision by the FCA, the PRA or the Bank of England]—

(a)to refuse an application for [F202Part 4A permission] under the 2000 Act;

(b)to vary or to cancel such permission (or to refuse to vary or cancel such permission) or to impose a requirement under [F203section 55L, 55M or 55O] of that Act;

(c)to make, or to refuse to vary or revoke, an order under section 56 (prohibition orders) of that Act;

(d)to refuse an application for F204... approval under section 59 of that Act or to withdraw such approval;

(e)to refuse to make, or to revoke, an order declaring a unit trust scheme to be an authorised unit trust scheme under section 243(49) of the 2000 Act or to refuse to give its approval under section 251(50) of the 2000 Act to a proposal to replace the manager or trustee of such a scheme;

(f)to give a direction under section 257(51) (authorised unit trust schemes) of the 2000 Act, or to vary (or to refuse to vary or revoke) such a direction;

[F205(fa)to refuse to make, or to revoke, an order declaring a contractual scheme to be an authorised contractual scheme under section 261D of the 2000 Act or to refuse to give its approval under section 261Q of the 2000 Act to a proposal to replace the operator or depositary of such a scheme;

(fb)to give a direction under section 261X of the 2000 Act or to vary (or to refuse to vary or revoke) such a direction;]

(g)to refuse to make, or to revoke, an authorisation order under regulation 14 of the Open-Ended Investment Companies Regulations 2001(52) or to refuse to give its approval under regulation 21(53) of those Regulations to a proposal to replace a director or to appoint an additional director of an open-ended investment company;

(h)to give a direction to an open-ended investment company under regulation 25 of those Regulations or to vary (or refuse to vary or revoke) such a direction;

(i)to refuse to give its approval to a collective investment scheme being recognised under section 270 of the 2000 Act or to direct that such a scheme cease to be recognised by virtue of that section or to refuse to make, or to revoke an order declaring a collective investment scheme to be a recognised scheme under [F206section 271A or] section 272 of that Act;

(j)to refuse to make, or to revoke, a recognition order under section 290(54) of the 2000 Act, otherwise than by virtue of section 292(2) of that Act, [F207to refuse to vary a recognition order under section 290ZA(1) of the 2000 Act, to vary a recognition order under section 290ZA(2) of the 2000 Act,] or to give a direction to a UK recognised investment exchange or [F208recognised clearing house] under section 296(55) [F209or 296A] of the 2000 Act;

(k)to make, or to refuse to vary or to revoke, an order under section 329 of the 2000 Act (orders in respect of members of a designated professional body in relation to the general prohibition);

(l)to dismiss, exclude or fail to promote a person from being a key worker of [F210the FCA or the PRA];

(m)to refuse an application for registration as an authorised electronic money institution or a small electronic money institution under the Electronic Money Regulations 2011;

(n)to vary or cancel such registration (or to refuse to vary or cancel such registration) or to impose a requirement under regulation 7 of the Electronic Money Regulations 2011;

(o)to refuse an application for registration as an authorised payment institution [F211, a registered account information service provider] or a small payment institution under the Payment Services Regulations [F2122017]; F213...

(p)to vary or cancel such registration (or to refuse to vary or cancel such registration) or to impose a requirement under regulation 7 of the Payment Services Regulations [F2142017],

[F215(q)in a case requiring any decision referred to in paragraphs (a) to (p), where the FCA, the PRA or the Bank of England has the function of deciding whether to give consent or conditional consent in relation to the decision which is proposed in that case, to give or refuse to give consent or to give conditional consent, or

(r)in a case requiring any decision referred to in paragraphs (a) to (p), where the FCA, the PRA or the Bank of England has the power under the 2000 Act to direct another regulator as to the decision to be taken in that case, to decide whether to give a direction and, if a direction is to be given, what direction to give,]

by reason of, or partly by reason of, a spent conviction of an individual, or of any circumstances ancillary to such a conviction or of a failure (whether or not by that individual) to disclose such a conviction or any such circumstances.

Textual Amendments

F211 Words in sch. 2 para. 1(o) inserted (22.12.2017 for specified purposes, 13.1.2018 in so far as not already in force) by The Payment Systems and Services and Electronic Money (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/1173), regs. 1(3)(4), 6(b)(i)

F212 Word in sch. 2 para. 1(o) substituted (22.12.2017 for specified purposes, 13.1.2018 in so far as not already in force) by The Payment Systems and Services and Electronic Money (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/1173), regs. 1(3)(4), 6(b)(ii)

F214 Word in sch. 2 para. 1(p) substituted (22.12.2017 for specified purposes, 13.1.2018 in so far as not already in force) by The Payment Systems and Services and Electronic Money (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/1173), regs. 1(3)(4), 6(b)(ii)

Modifications etc. (not altering text)

Commencement Information

I32 Sch. 2 para. 1 in force at 14.2.2013, see art. 1(1)

2.  Any decision by the scheme operator within the meaning of section 225 of the 2000 Act of the Financial Ombudsman Service to dismiss, or not to appoint an individual as, an ombudsman (within the meaning of Schedule 17 to the 2000 Act) of the Financial Ombudsman Service by reason of, or partly by reason of, his spent conviction, or of any circumstances ancillary to such a conviction or of a failure (whether or not by that individual) to disclose such a conviction or any such circumstances.S

Commencement Information

I33 Sch. 2 para. 2 in force at 14.2.2013, see art. 1(1)

3.  [F216Any decision of the FCA]—

(a)to refuse an application for listing under Part VI of the 2000 Act or to discontinue or suspend the listing of any securities under section 77 of that Act(56);

(b)to refuse to grant a person’s application for approval as a sponsor under section 88(57) of the 2000 Act or to cancel such approval; F217...

(c)to dismiss, exclude or fail to promote a person from being a key worker of [F218the FCA in relation to the exercise of its functions under Part 6 of the 2000 Act, or]

[F219(d)to refuse to grant a person’s application under information provider rules (within the meaning of section 89P(9) of the 2000 Act) for approval as a Primary information provider, to impose limitations or other restrictions on the giving of information to which such an approval relates or to cancel such an approval,]

by reason of, or partly by reason of, a spent conviction of an individual, or of any circumstances ancillary to such a conviction or of a failure (whether or not by that individual) to disclose such a conviction or any such circumstances.

Textual Amendments

Commencement Information

I34 Sch. 2 para. 3 in force at 14.2.2013, see art. 1(1)

4.  Any decision of anyone who is specified in any of paragraphs 2 to 7 of the second column of the table in Part 2 of this Schedule, other than [F220the FCA or the PRA], to dismiss an individual who has, or to exclude or fail to promote an individual who is seeking to obtain, the status specified in the corresponding entry in the first column of that table (but not, where applicable, the status of being an associate of another person), by reason of, or partly by reason of, a spent conviction of that individual or of that individual’s associate, or of any circumstances ancillary to such a conviction or of a failure (whether or not by that individual) to disclose such a conviction or any such circumstances.S

Textual Amendments

Commencement Information

I35 Sch. 2 para. 4 in force at 14.2.2013, see art. 1(1)

5.  Any decision of anyone who is specified in paragraphs 8(1) or 16(1) of the second column of the table in Part 2 of this Schedule to dismiss an individual who has, or to exclude or fail to promote an individual who is seeking to obtain, the status specified in the corresponding entry in sub-paragraph (2) of the first column of that table (associate), by reason of, or partly by reason of, a spent conviction of that individual, or of any circumstances ancillary to such a conviction or of a failure (whether or not by that individual) to disclose such a conviction or any such circumstances.S

Commencement Information

I36 Sch. 2 para. 5 in force at 14.2.2013, see art. 1(1)

6.  Any decision of the Council of Lloyd’s—S

(a)to refuse to admit any person as, or to exclude, an underwriting agent (within the meaning of section 2 of the Lloyd’s Act 1982(58)), where that person has, or has applied for, [F221Part 4A permission];

(b)to dismiss any person who is, or to exclude or fail to promote an individual who is seeking to become, an associate of a person who has [F221Part 4A permission] and who is admitted to Lloyd’s as an underwriting agent (within the meaning of section 2 of the Lloyd’s Act 1982); or

(c)to dismiss, or to exclude a person from being, an associate of the Council of Lloyd’s,

by reason of, or partly by reason of, a spent conviction of an individual, or of any circumstances ancillary to such a conviction or of a failure (whether or not by that individual) to disclose such a conviction or any such circumstances.

Textual Amendments

Commencement Information

I37 Sch. 2 para. 6 in force at 14.2.2013, see art. 1(1)

7.  Any decision of a UK recognised investment exchange or [F222recognised clearing house] to refuse to admit any person as, or to exclude, a member by reason of, or partly by reason of, a spent conviction of an individual, or of any circumstances ancillary to such a conviction or of a failure (whether or not by that individual) to disclose such a conviction or any such circumstances.S

Textual Amendments

Commencement Information

I38 Sch. 2 para. 7 in force at 14.2.2013, see art. 1(1)

PART 2STable referred to in Part 1 of this Schedule and in paragraph 7 of Schedule 3

Commencement Information

I39 Sch. 2 Pt. 2 in force at 14.2.2013, see art. 1(1)

[F223Column 1

(Status)

Column 2

(Questioner)

1A person with Part 4A permission.The FCA, the PRA or the Bank of England.
2(1)A person in relation to whom an approval is given under section 59 of the 2000 Act (approval for particular arrangements).The FCA, the PRA or the authorised person (within the meaning of section 31(2) of the 2000 Act) or the applicant for Part 4A permission who made the application for the approval of the appropriate regulator (within the meaning of section 59(4) of the 2000 Act) under section 59 of the 2000 Act in relation to the person mentioned in sub-paragraph (1) of the first column.
(2)An associate of the person (whether or not an individual) mentioned in sub-paragraph (1).
3(1)The manager or trustee of an authorised unit trust scheme (within the meaning of section 237 of the 2000 Act).The FCA or the unit trust scheme mentioned in the first column.
(2)An associate of the person (whether or not an individual) mentioned in sub-paragraph (1).
[F2243A (1)The operator or depositary of an authorised contractual scheme (within the meaning of section 237(3) of the 2000 Act).The FCA.
(2)An associate of the person (whether or not an individual) mentioned in sub-paragraph (1).]
4(1)A director of an open-ended investment company.The FCA, the PRA or the open-ended investment company mentioned in the first column.
(2)An associate of that person (whether or not an individual) mentioned in sub-paragraph (1).
5.An associate of the operator or trustee of a relevant collective investment scheme.The FCA, the PRA or the collective investment scheme mentioned in the first column.
6.[F225An associate of a UK recognised investment exchange or recognised clearing house. The FCA, the PRA or the Bank of England or the investment exchange or clearing house mentioned in the first column.]
7.A controller of a person with Part 4A permission.The FCA, the PRA or the person with Part 4A permission mentioned in the first column.
8.(1)A person who carries on a regulated activity (within the meaning of section 22 of the 2000 Act) but to whom the general prohibition does not apply by virtue of section 327 (exemption from the general prohibition for members of a designated professional body).(1) The FCA or the PRA.
(2)An associate of the person (whether or not an individual) mentioned in sub-paragraph (1).(2) In the case of a person mentioned in sub-paragraph (2) of the first column, the person mentioned in sub-paragraph (1) of that column.
9.A key worker of the FCA, the PRA or the Bank of England.The FCA, the PRA or the Bank of England.
10.An ombudsman (within the meaning of Schedule 17 to the 2000 Act) of the Financial Ombudsman Service.The scheme operator (within the meaning of section 225 of the 2000 Act) of the Financial Ombudsman Service.
11.An associate of the issuer of securities which have been admitted to the official list maintained by the FCA for listing under section 74 of the 2000 Act.The FCA.
12.A sponsor (within the meaning of section 88(2) of the 2000 Act).The FCA.
13.(1)A Primary information provider (within the meaning of section 89P of the 2000 Act).The FCA or the PRA.
(2)An associate of the person (whether or not an individual) mentioned in sub-paragraph (1).In the case of a person mentioned in sub-paragraph (2) of the first column, the person mentioned in sub-paragraph (1) of that column.
14.An associate of a person who has Part 4A permission and who is admitted to Lloyd’s as an underwriting agent (within the meaning of section 2 of Lloyd’s Act 1982).

(1) The Council of Lloyd’s.

(2) The person with Part 4A permission specified in the first column (or a person applying for such permission).

15.An associate of the Council of Lloyd’s.The Council of Lloyd’s.
16.[F226(1) Any member of a UK recognised investment exchange or recognised clearing house. (1) The UK recognised investment exchange or recognised clearing house specified in the first column.]
(2)An associate of the person (whether or not an individual) mentioned in sub-paragraph (1).(2) In the case of a person mentioned in sub-paragraph (2) of the first column, the person mentioned in sub-paragraph (1) of that column.
17A director or a person responsible for the management of the electronic money or payment services business of an electronic money institution.The FCA.
18A controller of an electronic money institution.The FCA.
19A director or a person responsible for the management of an authorised payment institution [F227, a registered account information service provider] or a small payment institution.The FCA.
20A person responsible for the management of payment services provided, or to be provided, by an authorised payment institution [F227, a registered account information service provider] or a small payment institution.The FCA.
21A controller of an authorised payment institution [F227, a registered account information service provider] or a small payment institution.The FCA.]

Textual Amendments

F227 Words in sch. 2 Pt. 2 inserted (22.12.2017 for specified purposes, 13.1.2018 in so far as not already in force) by The Payment Systems and Services and Electronic Money (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/1173), regs. 1(3)(4), 6(c)

Article 4

SCHEDULE 3SEXCLUSIONS OF SECTION 4(2)(a) AND (b) OF THE ACT

ApplicationS

1.  Subject to paragraph 2, this Schedule applies, for the purposes of article 4, to the circumstances set out in paragraphs 3 to 15 [F228and 17].

Textual Amendments

Commencement Information

I40 Sch. 3 para. 1 in force at 14.2.2013, see art. 1(1)

Requirements to informS

2.—(1) This Schedule applies only where the person questioned is informed at the time the question is asked that, by virtue of this Order, spent convictions are to be disclosed.

(2) In the case of questions put in the circumstances to which paragraph 6 applies, the person questioned is also to be informed at that time that spent convictions are to be disclosed in the interests of national security.

Commencement Information

I41 Sch. 3 para. 2 in force at 14.2.2013, see art. 1(1)

Specified professions etc.S

3.—(1) Any question asked in order to assess the suitability—

(a)of the person to whom the question relates for a profession specified in Part 1 of Schedule 4;

(b)of the person to whom the question relates for any office or employment specified in Part 2 of Schedule 4;

(c)of the person to whom the question relates or of any other person to pursue any occupation specified in Part 3 of Schedule 4 or to pursue it subject to a particular condition or restriction; and

(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.

(2) For the avoidance of doubt, references in sub-paragraph (1) to the suitability of a person for any profession or for any office, employment or occupation include the suitability of that person for training for such profession or, as the case may be, for training for such office, employment or occupation.

(3) The register, licences, certificates or permits referred to in sub-paragraph (1)(d) are—

(a)firearm certificates and shot gun certificates issued under the Firearms Act 1968, and permits issued under section 7(1), 9(2) or 13(1)(c) of that Act;

[F229(aa)air weapon certificates granted or renewed under section 5 of the Air Weapons and Licensing (Scotland) Act 2015, and permits granted under section 12, 13 or 17 of that Act;]

(b)licences issued under section 25 (restrictions on persons under eighteen going abroad for the purpose of performing for profit) of the Children and Young Persons Act 1933(59);

(c)explosives certificates issued by a chief officer of police pursuant to [F230regulation 11 of the Explosives Regulations 2014] as to the fitness of a person to acquire or acquire and keep explosives;

[F231(ca)licences granted under [F232section 4A of the Poisons Act 1972];]

(d)licences granted under section 8 of the Private Security Industry Act 2001(60); or

(e)licences issued under, and the register of approved instructors referred to in, Part V (driving instruction) of the Road Traffic Act 1988(61).

Textual Amendments

Commencement Information

I42 Sch. 3 para. 3 in force at 14.2.2013, see art. 1(1)

Child mindingS

4.  Any question asked in order to assess the suitability of a person to act as a child minder (within the meaning of paragraph 12(1) of schedule 12 to the 2010 Act) where that person resides on the premises where the child minding would normally take place (“the premises”) and the question relates either—

(a)to a person aged 16 or over who resides on the premises; or

(b)to a person aged 16 or over who regularly works in the premises at a time when the child minding takes place.

Commencement Information

I43 Sch. 3 para. 4 in force at 14.2.2013, see art. 1(1)

[F233Adoption, fostering etc.]S

5.—(1) 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 adopt children in general or a child in particular, in either of the circumstances set out in [F234sub-paragraphs (3)(a) or (b)].

(2) 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

F235(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F236(c)be a shared lives carer within the meaning of paragraphs 16 and 24 of schedule 3 of the 2007 Act,]

in the circumstance set out in sub-paragraph (3)(b).

[F237(2A) Any question asked by or on behalf of any person for the purposes of assessing, investigating, reviewing or confirming the suitability of any person to be in charge of or caring for children, within the meaning of paragraph 12 of schedule 2 of the 2007 Act, in the circumstance set out in sub-paragraph (3)(c).]

(3) The circumstances are that—

(a)the question relates to the person whose suitability is being assessed, investigated, reviewed or confirmed; F238...

(b)the question relates to a person over the age of 16 residing in the same household as the person whose suitability is being assessed, investigated, reviewed or confirmed [F239; or

(c)the question relates to a person over the age of 16 residing in the same household premises as the person whose suitability is being assessed, investigated, reviewed or confirmed and the activity in sub-paragraph (2A) takes place solely or mainly on the household premises.]

F240(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I44 Sch. 3 para. 5 in force at 14.2.2013, see art. 1(1)

[F241School care accommodation servicesS

5A.  Any question asked by or on behalf of any person for the purposes of assessing, investigating, reviewing or confirming the suitability of any individual to be in charge of or caring for children, within the meaning of paragraph 12 of schedule 2 of the 2007 Act and the question relates to an individual over the age of 16 who—

(a)resides in residential accommodation where a school care accommodation service is being provided,

(b)is not a pupil to whom the school care accommodation service is being provided,

(c)is not employed by the school, and

(d)is not being assessed as to their suitability to carry out a regulated role with children.]

Textual Amendments

National securityS

6.—(1) Any question asked by or on behalf of—

(a)the Crown, the United Kingdom Atomic Energy Authority, [F242the FCA, the PRA, the Bank of England] or a universal service provider within the meaning of section 65 of the Postal Services Act 2011(62), in order to assess, for the purpose of safeguarding national security, the suitability of the person to whom the question relates or of any other person for any office or employment;

(b)the Civil Aviation Authority;

(c)any other person authorised to provide air traffic services under section 4 or 5 of the Transport Act 2000(63) (in any case where such person is a company, an “authorised company”); or

(d)subject to sub-paragraph (3)—

(i)any company which is a subsidiary, within the meaning given by section 1159(1) of the Companies Act 2006(64), of an authorised company; and

(ii)any company of which an authorised company is a subsidiary,

in the circumstances set out in sub-paragraph (2).

(2) The circumstances are that the question is put in order to assess, for the purpose of safeguarding national security, the suitability of the person to whom the question relates or of any other person for any office or employment.

(3) Where the question is put on behalf of a company mentioned in sub-paragraph (1)(d), this paragraph applies only where the question is put in relation to the provision of air traffic services.

Textual Amendments

Commencement Information

I45 Sch. 3 para. 6 in force at 14.2.2013, see art. 1(1)

Financial servicesS

7.  Any question asked in order to assess the suitability of the individual to whom the question relates to have the status specified in the first column of the table in Part 2 of Schedule 2 by, or on behalf of, the person listed in relation to that status in the second column of that table.

Commencement Information

I46 Sch. 3 para. 7 in force at 14.2.2013, see art. 1(1)

The [F243Gambling Commission]S

8.  Any question asked by or on behalf of the [F244Gambling Commission] for the purpose of determining whether to grant or revoke a licence under Part I of the National Lottery etc. Act 1993(65) where the question relates to an individual—

(a)who manages the business or any part of the business carried on under the licence (or who is likely to do so if the licence is granted); or

(b)for whose benefit that business is carried on (or is likely to be carried on if the licence is granted).

Textual Amendments

Commencement Information

I47 Sch. 3 para. 8 in force at 14.2.2013, see art. 1(1)

Registration of certain landlordsS

9.  Any question asked by or on behalf of a local authority in order to assess whether—

(a)a relevant person within the meaning of section 83(8) of the Antisocial Behaviour etc. (Scotland) Act 2004(66) (“the 2004 Act”); or

(b)a person acting for that person within the meaning of section 83(1)(67) or 88(1) of the 2004 Act,

is a fit and proper person for the purpose of determining whether the relevant person should be entered in or removed from the register maintained by the local authority under section 82(1) of the 2004 Act.

Commencement Information

I48 Sch. 3 para. 9 in force at 14.2.2013, see art. 1(1)

Public procurementS

[F24510.—(1) Any question asked by or on behalf of a contracting authority or contracting entity in relation to a conviction specified in regulation 58 of the Public Contracts (Scotland) Regulations 2015 which is a spent conviction (or any circumstances ancillary to such a conviction) for the purpose of determining whether or not a person is to be excluded—

(a)for the purposes of regulation 58 of the Public Contracts (Scotland) Regulations 2015 or [F246regulation 78 of the Utilities Contracts (Scotland) Regulations 2016]; or

(b)from participation in a design contest for the purposes of regulation 79 of the Public Contracts (Scotland) Regulations 2015 or [F247Chapter 2 of Part 3 of the Utilities Contracts (Scotland) Regulations 2016],

where the person questioned is informed at the time the question is asked that, by virtue of this Order, convictions within the meaning of regulation 58 of the Public Contracts (Scotland) Regulations 2015, which are spent convictions, are to be disclosed.

[F248(2) For the purposes of contract award procedures or design contests commenced before 18th April 2016 and on or after 1st May 2012, the references in sub-paragraph (1)—

(a)to regulations 58 and 79 of the Public Contracts (Scotland) Regulations 2015 are to be read as references to regulations 23 and 33 of the Public Contracts (Scotland) Regulations 2012; and

(b)to regulation 78 and Chapter 2 of Part 3 of the Utilities Contracts (Scotland) Regulations 2016 are to be read as references to regulations 26 and 34 of the Utilities Contracts (Scotland) Regulations 2012]

(3) For the purposes of sub-paragraph (2), the commencement of a contract award procedure or design contest is to be interpreted in accordance with—

(a)regulation 98(2) (transitional provision and savings where procurement procedure commenced before 18th April 2016) and 99(2) (transitional provision and saving where utilities procurement procedures commenced before 18th April 2016) of the Public Contracts (Scotland) Regulations 2015;

(b)regulation 52(2) of the Public Contracts (Scotland) Regulations 2012;

(c)regulation 49(2) of the Utilities Contracts (Scotland) Regulations 2012; and

[F249(d)regulation 111(2) of the Utilities Contracts (Scotland) Regulations 2016.]

(4) For the purposes of contract award procedures or design contests commenced before 1st May 2012—

(a)the references in sub-paragraph (1) to regulations 58 and 79 of the Public Contracts (Scotland) Regulations 2015 are to be read as references to regulations 23 and 33 of the Public Contracts (Scotland) Regulations 2006; and

(b)the references in sub-paragraph (1) to regulations 26 and 34 of the Utilities Contracts (Scotland) Regulations 2012 are to be read as references to regulations 26 and 34 of the Utilities Contracts (Scotland) Regulations 2006.

(5) For the purposes of sub-paragraph (4), the commencement of a contract award procedure or design contest is to be interpreted in accordance with—

(a)regulation 52(2) of the Public Contracts (Scotland) Regulations 2012; and

(b)regulation 49(2) of the Utilities Contracts (Scotland) Regulations 2012.]

Textual Amendments

The Risk Management AuthorityS

11.  Any question asked by or on behalf of the Risk Management Authority in carrying out its functions in relation to risk management plans under the Criminal Justice (Scotland) Act 2003(68).

Commencement Information

I49 Sch. 3 para. 11 in force at 14.2.2013, see art. 1(1)

Access to informationS

12.  Any question asked by the Scottish Ministers for the purpose of considering the suitability [F250, for the purpose of considering the suitability, for the purposes of section 47(5) or 48(2) of the Disclosure Act, of a relevant individual to have access to disclosure information (within the meaning of section 47(10) of that Act).]

Textual Amendments

Commencement Information

I50 Sch. 3 para. 12 in force at 14.2.2013, see art. 1(1)

Personnel suppliersS

13.  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 [F251to carry out a regulated role with adults or a regulated role with children] for another person.

Textual Amendments

Commencement Information

I51 Sch. 3 para. 13 in force at 14.2.2013, see art. 1(1)

Non-solicitor investors in licensed legal services providersS

14.  Any question asked by, or on behalf of, an approved regulator where it is asked for the purposes of section 62 of the Legal Services Act (fitness for involvement) in order to assess the fitness of a non-solicitor investor in a licensed legal services provider for having an interest in a licensed legal services provider.

Commencement Information

I52 Sch. 3 para. 14 in force at 14.2.2013, see art. 1(1)

Lay representativesS

15.  Any question asked in order to assess the suitability of the person to whom the question relates to act as a lay representative.

Commencement Information

I53 Sch. 3 para. 15 in force at 14.2.2013, see art. 1(1)

[F25216.  Any question asked by or on behalf of the Victims' Payments Board, where—S

(a)an application for payments under the Victims' Payment Regulations 2020 has been made;

(b)the question relates to the person whose disablement the application concerns, and

(c)the question is asked in order to assess whether regulation 6(1) (convictions) of the Victims' Payment Regulations 2020 excludes the person from entitlement to payments.]

Textual Amendments

[F253Homes for Ukraine Sponsorship SchemeS

17.—(1) Any question asked, in order to assess the suitability of an individual to provide accommodation to a person who has permission to enter into or to stay in the United Kingdom granted under the immigration rules laid down under section 3(2) of the Immigration Act 1971 in relation to the Homes for Ukraine Sponsorship Scheme, in the circumstances set out in sub-paragraph (2).

(2) The circumstances are that—

(a)the question relates to the individual whose suitability is being assessed, or

(b)where the individual being assessed resides in the accommodation to be provided, the question relates to any other individual who is over the age of 16 years and who also resides in the accommodation being provided.]

Textual Amendments

Article 5(a)

SCHEDULE 4SEXCEPTED PROFESSIONS, OFFICES, EMPLOYMENTS AND OCCUPATIONS

PART 1SProfessions

1.  Medical practitioner.S

Commencement Information

I54 Sch. 4 Pt. 1 para. 1 in force at 14.2.2013, see art. 1(1)

2.  Advocate, solicitor.S

Commencement Information

I55 Sch. 4 Pt. 1 para. 2 in force at 14.2.2013, see art. 1(1)

3.  Accountant.S

Commencement Information

I56 Sch. 4 Pt. 1 para. 3 in force at 14.2.2013, see art. 1(1)

4.  Dentist or any profession complementary to dentistry for which a title is specified in regulations under section 36A(2) of the Dentists Act 1984(69) (professions complementary to dentistry) by virtue of section 36A(3) of that Act.S

Commencement Information

I57 Sch. 4 Pt. 1 para. 4 in force at 14.2.2013, see art. 1(1)

5.  Veterinary surgeon.S

Commencement Information

I58 Sch. 4 Pt. 1 para. 5 in force at 14.2.2013, see art. 1(1)

6.  Nurse or midwife.S

Commencement Information

I59 Sch. 4 Pt. 1 para. 6 in force at 14.2.2013, see art. 1(1)

7.  Ophthalmic optician, dispensing optician.S

Commencement Information

I60 Sch. 4 Pt. 1 para. 7 in force at 14.2.2013, see art. 1(1)

8.  Registered pharmacist.S

Commencement Information

I61 Sch. 4 Pt. 1 para. 8 in force at 14.2.2013, see art. 1(1)

9.  Registered pharmacy technician.S

Commencement Information

I62 Sch. 4 Pt. 1 para. 9 in force at 14.2.2013, see art. 1(1)

10.  Registered teacher.S

Commencement Information

I63 Sch. 4 Pt. 1 para. 10 in force at 14.2.2013, see art. 1(1)

11.  Any profession to which the Health Professions Order 2001(70) applies and which is undertaken following registration under that Order.S

Commencement Information

I64 Sch. 4 Pt. 1 para. 11 in force at 14.2.2013, see art. 1(1)

12.  Registered osteopath.S

Commencement Information

I65 Sch. 4 Pt. 1 para. 12 in force at 14.2.2013, see art. 1(1)

13.  Registered chiropractor.S

Commencement Information

I66 Sch. 4 Pt. 1 para. 13 in force at 14.2.2013, see art. 1(1)

14.  Actuary.S

Commencement Information

I67 Sch. 4 Pt. 1 para. 14 in force at 14.2.2013, see art. 1(1)

15.  Registered European lawyer, registered foreign lawyer.S

Commencement Information

I68 Sch. 4 Pt. 1 para. 15 in force at 14.2.2013, see art. 1(1)

16.  Social worker.S

Commencement Information

I69 Sch. 4 Pt. 1 para. 16 in force at 14.2.2013, see art. 1(1)

17.  Social service worker.S

Commencement Information

I70 Sch. 4 Pt. 1 para. 17 in force at 14.2.2013, see art. 1(1)

[F25418.  Registered associate.]S

Textual Amendments

PART 2SOffices and employments

1.  Judicial appointments.S

Commencement Information

I71 Sch. 4 Pt. 2 para. 1 in force at 14.2.2013, see art. 1(1)

2.  Prosecutors, officers assisting prosecutors, and officers assisting in the work of the Crown Office.S

Commencement Information

I72 Sch. 4 Pt. 2 para. 2 in force at 14.2.2013, see art. 1(1)

3.  Justices of the Peace and members of local authorities with signing functions under section 76 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007(71).S

Commencement Information

I73 Sch. 4 Pt. 2 para. 3 in force at 14.2.2013, see art. 1(1)

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.S

Commencement Information

I74 Sch. 4 Pt. 2 para. 4 in force at 14.2.2013, see art. 1(1)

5.  Precognition agents.S

Commencement Information

I75 Sch. 4 Pt. 2 para. 5 in force at 14.2.2013, see art. 1(1)

[F2556.  Constables, police custody and security officers, persons appointed as police cadets to undergo training with a view to becoming constables and naval, military and air force police.]S

Textual Amendments

[F2556A.  Persons employed for the purposes of a police force established under any enactment and persons appointed to assist in the carrying out of police functions.]S

Textual Amendments

[F2567.  Any office, employment or work which is concerned with the administration of, or is otherwise normally carried out wholly or partly within the precincts of, a prison, remand centre, young offenders institution, detention centre or removal centre, prison monitoring co-ordinators appointed under section 7A(2) of the Prisons (Scotland) Act 1989 and independent prison monitors appointed under section 7B(2)(a) of that Act.]S

Textual Amendments

8.  Traffic wardens appointed under or in accordance with section 95 of the Road Traffic Regulation Act 1984(72).S

Commencement Information

I76 Sch. 4 Pt. 2 para. 8 in force at 14.2.2013, see art. 1(1)

9.  Any employment or work which is concerned with the provision of a care service.S

Commencement Information

I77 Sch. 4 Pt. 2 para. 9 in force at 14.2.2013, see art. 1(1)

10.  Any employment or work which is concerned with the provision of health services and which is of such a kind as to enable the holder to have access to persons in receipt of such services in the course of that person’s normal duties.S

Commencement Information

I78 Sch. 4 Pt. 2 para. 10 in force at 14.2.2013, see art. 1(1)

11.  [F257A regulated role] with children.S

Textual Amendments

Commencement Information

I79 Sch. 4 Pt. 2 para. 11 in force at 14.2.2013, see art. 1(1)

12.  Any employment or work in the Scottish Society for the Prevention of Cruelty to Animals where the person employed or working, as part of his or her duties, may carry out the killing of animals.S

Commencement Information

I80 Sch. 4 Pt. 2 para. 12 in force at 14.2.2013, see art. 1(1)

13.  Any office, employment or work in the Serious Fraud Office.S

Commencement Information

I81 Sch. 4 Pt. 2 para. 13 in force at 14.2.2013, see art. 1(1)

14.  Any office, employment or work in the Serious Organised Crime Agency.S

Commencement Information

I82 Sch. 4 Pt. 2 para. 14 in force at 14.2.2013, see art. 1(1)

15.  Any office, employment or work in Her Majesty’s Revenue and Customs.S

Commencement Information

I83 Sch. 4 Pt. 2 para. 15 in force at 14.2.2013, see art. 1(1)

16.  Any employment which is concerned with the monitoring, for the purposes of child protection, of communications by means of the internet.S

Commencement Information

I84 Sch. 4 Pt. 2 para. 16 in force at 14.2.2013, see art. 1(1)

17.  Any office or employment in the Scottish Social Services Council.S

Commencement Information

I85 Sch. 4 Pt. 2 para. 17 in force at 14.2.2013, see art. 1(1)

18.  Her Majesty’s Inspectors, or any person appointed by the Scottish Ministers for the purposes of section 66 of the Education (Scotland) Act 1980(73) or section 9 of the Standards in Scotland’s Schools etc. Act 2000(74), or members of any Management Board established to assist either Her Majesty’s Inspectors or any such person, or any individual undertaking employment or work for Her Majesty’s Inspectors or any such person in relation to the carrying out of inspections under section 66 of the Education (Scotland) Act 1980, section 9 of the Standards in Scotland’s Schools etc. Act 2000 or section 115 of the 2010 Act(75), or otherwise in regard to matters associated with such inspections.S

Commencement Information

I86 Sch. 4 Pt. 2 para. 18 in force at 14.2.2013, see art. 1(1)

F25819.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

20.  Members of a panel established by virtue of section 101(1) of the Children (Scotland) Act 1995(76) (panels for curators ad litem, reporting officers and safeguarders).S

Commencement Information

I87 Sch. 4 Pt. 2 para. 20 in force at 14.2.2013, see art. 1(1)

21.  Any office or employment in the Risk Management Authority.S

Commencement Information

I88 Sch. 4 Pt. 2 para. 21 in force at 14.2.2013, see art. 1(1)

22.  Any office or employment in the Scottish Criminal Cases Review Commission.S

Commencement Information

I89 Sch. 4 Pt. 2 para. 22 in force at 14.2.2013, see art. 1(1)

23.  Any office or employment in [F259the Scottish Fire and Rescue Service].S

Textual Amendments

Commencement Information

I90 Sch. 4 Pt. 2 para. 23 in force at 14.2.2013, see art. 1(1)

24.  Any employment or work in a body concerned primarily with the provision of counselling or other support to individuals who are or appear to be victims of, or witnesses to, offences, and which involves having access to personal information about such individuals.S

Commencement Information

I91 Sch. 4 Pt. 2 para. 24 in force at 14.2.2013, see art. 1(1)

25.  [F260A regulated role] with adults.S

Textual Amendments

Commencement Information

I92 Sch. 4 Pt. 2 para. 25 in force at 14.2.2013, see art. 1(1)

26.  Members mentioned in section 35(4)(c) of the Judiciary and Courts (Scotland) Act 2008(77) of a tribunal constituted under section 35(1) of that Act to consider the fitness for judicial office of a person holding a judicial office mentioned in section 35(2) of that Act.S

Commencement Information

I93 Sch. 4 Pt. 2 para. 26 in force at 14.2.2013, see art. 1(1)

[F26127.  Members mentioned in section 21(4)(d) of the Courts Reform (Scotland) Act 2014 of a tribunal constituted under section 21(1) or (2) of that Act to consider the fitness for office of a person holding a judicial office mentioned in section 21(3) of that Act.]S

Textual Amendments

28.  Lay members of the Judicial Appointments Board for Scotland appointed by the Scottish Ministers under paragraph 2 of schedule 1 to the Judiciary and Courts (Scotland) Act 2008.S

Commencement Information

I94 Sch. 4 Pt. 2 para. 28 in force at 14.2.2013, see art. 1(1)

29.  Non-judicial members of the Scottish Court Service mentioned in paragraph 2(3)(d) of schedule 3 to the Judiciary and Courts (Scotland) Act 2008.S

Commencement Information

I95 Sch. 4 Pt. 2 para. 29 in force at 14.2.2013, see art. 1(1)

30.  Any office or employment in Social Care and Social Work Improvement Scotland.S

Commencement Information

I96 Sch. 4 Pt. 2 para. 30 in force at 14.2.2013, see art. 1(1)

31.  Any office or employment in the General Teaching Council for Scotland.S

Commencement Information

I97 Sch. 4 Pt. 2 para. 31 in force at 14.2.2013, see art. 1(1)

32.  A Head of Practice or a member of a Practice Committee of a licensed legal services provider.S

Commencement Information

I98 Sch. 4 Pt. 2 para. 32 in force at 14.2.2013, see art. 1(1)

PART 3SOccupations

1.  Firearms dealer.S

Commencement Information

I99 Sch. 4 Pt. 3 para. 1 in force at 14.2.2013, see art. 1(1)

2.  Any occupation in respect of which an application to the Gambling Commission for a licence, certificate or registration is required by or under any enactment.S

Commencement Information

I100 Sch. 4 Pt. 3 para. 2 in force at 14.2.2013, see art. 1(1)

3.  Any occupation which is concerned with the management of a place in respect of which the approval of the Scottish Ministers is required by section 1 of the Abortion Act 1967(78).S

Commencement Information

I101 Sch. 4 Pt. 3 para. 3 in force at 14.2.2013, see art. 1(1)

4.  Any occupation in respect of which the holder is required pursuant to [F262regulations 4, 5 and 11 of the Explosives Regulations 2014] to obtain from the chief officer of police an explosives certificate certifying that person to be a fit person to acquire or acquire and keep explosives.S

Textual Amendments

Commencement Information

I102 Sch. 4 Pt. 3 para. 4 in force at 14.2.2013, see art. 1(1)

5.  Taxi driver or private hire driver.S

Commencement Information

I103 Sch. 4 Pt. 3 para. 5 in force at 14.2.2013, see art. 1(1)

6.  Any occupation in respect of which an application to the Security Industry Authority for a licence is required by the Private Security Industry Act 2001(79).S

Commencement Information

I104 Sch. 4 Pt. 3 para. 6 in force at 14.2.2013, see art. 1(1)

7.  Any occupation which is concerned with visiting persons detained in police stations, for the purposes of examining and reporting on the conditions under which they are held.S

Commencement Information

I105 Sch. 4 Pt. 3 para. 7 in force at 14.2.2013, see art. 1(1)

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(80).S

Commencement Information

I106 Sch. 4 Pt. 3 para. 8 in force at 14.2.2013, see art. 1(1)

Article 6

SCHEDULE 5SREVOCATIONS

Commencement Information

I107 Sch. 5 in force at 14.2.2013, see art. 1(1)

InstrumentExtent of revocation
The Rehabilitation of Offenders Act 1974 (Exclusion and Exceptions) (Scotland) Order 2003 (S.S.I. 2003/231)The whole Order
The Health Professions Order 2001 (Consequential Amendments) Order 2003 (S.I. 2003/1590)Schedule, Part 2, paragraph 7
The Health Act 1999 (Consequential Amendments) (Nursing and Midwifery) Order 2004 (S.I. 2004/1771)Schedule, Part 2, paragraph 17
The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Subordinate Legislation) Order 2005 (S.S.I. 2005/445)Schedule, paragraph 44
The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011)Schedule 6, Part 2, paragraph 14
The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Amendment) (Scotland) Order 2006 (S.S.I. 2006/194)The whole Order
The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Amendment Order 2007 (S.S.I. 2007/75)The whole Order
The Judiciary and Courts (Scotland) Act 2008 (Consequential Modifications) Order 2009 (S.S.I. 2009/334)Article 4
The Adoption and Children (Scotland) Act 2007 (Modification of Subordinate Legislation) Order 2009 (S.S.I. 2009/429)Schedule, paragraph 5
The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (S.I. 2009/1182)

Schedule 4, Part 1, paragraph 9

Schedule 4, Part 3, paragraph 28

The Pharmacy Order 2010 (S.I. 2010/231)Schedule 4, Part 2, paragraph 37
The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Amendment Order 2010 (S.S.I. 2010/243)The whole Order
The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011 (S.S.I. 2011/211)

Schedule 1, Part 2, paragraph 29

Schedule 3, paragraph 1

The Public Services Reform (General Teaching Council for Scotland) Order 2011 (S.S.I. 2011/215)Schedule 6, paragraph 6
The Postal Services Act 2011 (Consequential Modifications and Amendments) Order 2011 (S.I. 2011/2085)Schedule 1, paragraph 55
The Public Contracts (Scotland) Regulations 2012 (S.S.I. 2012/88)Schedule 7, Part B, the entry relating to the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2003 (S.S.I. 2003/231)
The Utilities Contracts (Scotland) Regulations 2012 (S.S.I. 2012/89)Schedule 5, Part B, the entry relating to the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2003 (S.S.I. 2003/231)

EXPLANATORY NOTE

(This note is not part of the Order)

This Order consolidates the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2003 (“2003 Order”) which excludes and makes exceptions to the provisions of section 4 (effect of rehabilitation) of the Rehabilitation of Offenders Act 1974 (“the Act”). It excludes further proceedings and types of work from certain provisions within that section and updates the terms used to reflect recent legislation, including the Legal Services (Scotland) Act 2010 and the Electronic Money Regulations 2011.

Section 4(1) of the Act (which relates to the way in which offenders whose convictions have become spent are to be treated, particularly in judicial proceedings) is excluded in relation to the proceedings specified in Schedule 1 to the Order and, to a limited extent, the proceedings with respect to decisions specified in Part 1 of Schedule 2 (article 3).

Section 4(2)(a) and (b) of the Act (which relates to questions asked about criminal convictions otherwise than in the course of judicial proceedings) is excluded in relation to questions to which Schedule 3 applies (article 4). The questions to which Schedule 3 applies include questions on the assessment of a person’s suitability for a profession, office, employment or occupation set out in Schedule 4, or to hold certain licences, certificates or permits.

The professions, offices, employments and occupations set out in Schedule 4 are excepted from section 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). Action taken to safeguard national security and decisions taken by persons specified in Part 1 of Schedule 2 to do anything specified in that Part are also excluded from section 4(3)(b) of the Act (article 5).

The 2003 Order and those provisions amending that Order are revoked (article 6).

(1)

1974 c.53. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46) and the Scotland Act 1998 (Transfer of functions to the Scottish Ministers etc.) Order 2003 (S.I.2003/415).

(2)

Section 10(2) has been modified by paragraph 5 of Schedule 3 to the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10).

(11)

Section 422 was substituted by the Financial Services and Markets Act 2000 (Controllers) Regulations (S.I. 2009/534), Schedule 3, paragraph 1.

(13)

O.J. L 134, 30.4.2004, p.1-113, as last amended by Commission Regulation (EU) No. 1251/2011 of 30th November 2011 (O.J. L 319, 2.12.2011, p.43).

(14)

O.J. L 134, 30.4.2004, p.114-240, as last amended by Commission Regulation (EU) No. 1251/2011 of 30th November 2011 (O.J. L 319, 2.12.2011, p.43).

(16)

1968 c.27. The definition of “firearms dealer” in section 57(4) was amended by the Violent Crime Reduction Act 2006 (c.38) section 31(3).

(17)

1978 c.29.

(18)

1980 c.44. The definition of “Her Majesty’s inspectors” in section 135 was amended by the Scotland Act 1998 (c.46) Schedule 9, paragraph 1.

(20)

See section 6 (approved regulators).

(21)

See section 67 (more about investors).

(22)

See section 53 (Practice Committee).

(23)

1982 c.45.

(24)

1995 c.46.

(25)

1994 c.17. The definition of “registered chiropractor” in section 43 was amended by the European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regulation 226(c).

(26)

1980 c.46. The definition of “registered European lawyer” in section 65 was amended by the European Communities (Lawyer’s Practice) (Scotland) Regulations 2000 (S.S.I. 2000/121), Schedule 1, paragraph 1(12)(a).

(27)

The definition of “registered foreign lawyer” in section 65 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c.40) Schedule 8(II), paragraph 29(15)(d).

(28)

1993 c.21. The definition of “registered osteopath” in section 41 was amended by the European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regulation 214(c).

(31)

Section 77 was substituted by the Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011 (S.S.I. 2011/211), Schedule 1(1), paragraph 9.

(33)

1968 c.27.

(34)

Section 13(1)(c) was amended by the Firearms (Amendment) Act 1988 (c.45), section 23(3).

(35)

1933 c.12. Section 25 was amended by the Children (Protection at Work) Regulations 1998 (S.I. 1998/276), regulation 5, by the Employment Act 1989 (c.38), section 10(2) and Schedule 3, Part III, paragraph 6(b), and by the Courts Act 2003 (c.39), Schedule 8, paragraph 73.

(36)

1980 c.44. The definition of “independent school” in section 135 was amended by the School Education (Ministerial Powers and Independent Schools) (Scotland) Act 2004 (asp 12), section 3, and by the Standards in Scotland’s Schools etc. Act 2000 (asp6), Schedule 2, paragraph 3(9).

(37)

Section 102 was amended by the School Education (Ministerial Powers and Independent Schools) (Scotland) Act 2004 (asp12), section 6(1); Schedule 1, paragraph 1(6); Schedule 2, paragraph 1.

(38)

1967 c.87. Section 1 was amended by the Human Fertilisation and Embryology Act 1990 (c.37), section 37; by the Health Services Act 1980 (c.53), sections 1 and 2 and Schedule 1, paragraph 17(1); by the National Health Service (Consequential Provisions) Act 2006 (c.43), Schedule 1, paragraph 30; by the National Health Service and Community Care Act 1990 (c.19), section 66(1) and Schedule 9, paragraph 8; by the Health Act 1999 (Supplementary, Consequential etc. Provisions) Order 2000 (S.I. 2000/90), Schedule 1, paragraph 6 and by the Health and Social Care (Community Health and Standards) Act 2003 (c.43), Schedule 4, paragraph 10.

(41)

2002 c.29.

(42)

2001 c.12. Section 11 was amended by the Courts Act 2003 (c.39), Schedule 8, paragraph 395; by the Serious Organised Crime and Police Act 2005 (c.15), Schedule 15, paragraph 6; and by the Justice and Security (Northern Ireland) Act 2007 (c.6), section 49(2).

(44)

Section 20 was amended by the Adult Support and Protection (Scotland) Act 2007 (asp 10), section 57(5).

(45)

1995 c.53. Sections 7A to 7D were added by the Domestic Violence, Crime and Victims Act 2004 (c.28), section 57(2) as applied to Scotland by the Management of Offenders etc. (Scotland) Act 2005 (asp 14), section 20(1) and amended by the Management of Offenders etc. (Scotland) Act 2005 (asp 14), section 20(2).

(46)

1988 c.33.

(47)

1978 c.29.

(48)

1995 c.36. Section 11 was amended by the European Communities (Matrimonial and Parental Responsibility Jurisdiction and Judgments) (Scotland) Regulations (S.S.I. 2005/42), regulation 9; by the Adoption and Children (Scotland) Act 2007 (asp 4), section 107, Schedule 2, paragraph 9(2), Schedule 3 paragraph 1; by the Human Fertilisation and Embryology Act 2008 (c.22), Schedule 6(2), paragraph 52(2) and the Family Law (Scotland) Act 2006 (asp 2), section 24.

(49)

Section 243 was amended by the Undertakings for Collective Investment in Transferable Securities Regulations 2011 (S.I.2011/1613), regulation 2(15).

(50)

Section 251 was amended by the Undertakings for Collective Investment in Transferable Securities Regulations 2011 (S.I.2011/1613), regulation 2(17).

(51)

Section 257 was amended by the Undertakings for Collective Investment in Transferable Securities Regulations 2011 (S.I.2011/1613), regulation 2(20).

(52)

S.I. 2001/1228. Regulation 14 was amended by the Undertakings for Collective Investment in Transferable Securities Regulations 2011 (S.I. 2011/1613), regulation 3(2).

(53)

Regulation 21 was amended by the Undertakings for Collective Investment in Transferable Securities Regulations 2011 (S.I. 2011/1613), regulation 3(3); and by the Open-Ended Investment Companies (Amendment) Regulations 2011 (S.I.2011/3049 ), regulation 3(4).

(54)

Section 290 was amended by the Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2007 (S.I. 2007/126), Schedule 2, paragraph 4.

(55)

Section 296 was amended by the Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2007 (S.I. 2007/126), Schedule 2, paragraph 7.

(56)

Section 77 was amended by the Regulatory Reform (Financial Services and Markets Act 2000) Order 2007 (S.I.2007/1973), article 5.

(57)

Section 88 was amended by the Regulatory Reform (Financial Services and Markets Act 2000) Order 2007 (S.I.2007/1973), article 9.

(59)

1933 c.12.

(60)

2001 c.12.

(61)

1988 c.52.

(62)

2011 c.5.

(63)

2000 c.38. Section 5 was amended by the Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), Schedule 1, paragraph 184(2); and by the Transport Act 2000 (Amendment of section 5(4)) Regulations 2011 (S.I. 2011/205), regulation 2.

(64)

2006 c.46.

(65)

1993 c.39.

(67)

Section 83(1) was amended by the Housing (Scotland) Act 2006 (asp 1), section 176(3)(b).

(69)

1984 c.24. Section 36A was added by the Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), article 29.

(72)

1984 c.27. Section 95 was amended by the Police Reform and Social Responsibility Act 2011 (c.13), Schedule 16(3), paragraph 166; and by the Greater London Authority Act 1999 (c. 29), section 290(2).

(73)

1980 c.44. Section 66 was amended by the Self-Governing Schools etc. (Scotland) Act 1989 (c.39), section 82(1) and Schedule 10, paragraph 8(14); by the Further and Higher Education (Scotland) Act 1992 (c.37), Schedule 9, paragraph 7(5); by the Standards in Scotland’s Schools etc. Act 2000 (asp 6), section 11 and 36 and Schedule 2, paragraph 3(7); by the Teaching and Higher Education Act 1998 (c.30), section 21; by the Education (Scotland) Act 1981 (c.58), Schedule 9 and by the Criminal Procedure (Scotland) Act 1975 (c.21), section 289H and Schedule 7D item 54 (as inserted by Criminal Justice Act 1982 (c.48), sections 54 and 56(2) and Schedule 6).

(75)

Section 115 was amended by the Housing (Scotland) Act 2010 (asp 17), schedule 2, paragraph 15(2).

(76)

1995 c.36. Section 101(1) was substituted by the Regulation of Care (Scotland) Act 2001 (asp 8), section 75(a).

(78)

1967 c.87.

(79)

2001 c.12.

(80)

1988 c.52.

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This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

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More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources

The data on this page is available in the alternative data formats listed: