Amendment of the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 20132
1
The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 20133 is amended as follows.
2
In article 4 (exclusion of section 4(2)(a) and (b) of the Act)—
a
for paragraph 2(b) substitute—
b
a conviction which—
i
falls within paragraph (2A); and
ii
is not included in a higher level disclosure sent in connection with the purpose for which the question is put.
b
after paragraph (2) insert—
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 7 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 15 years have passed since the date of conviction; or
b
a conviction for an offence listed in schedule B1 which is not a protected conviction.
c
in paragraph (4), for “for an offence listed in Schedule B1” substitute “which falls within paragraph (2A)”; and
d
after paragraph (4) insert—
5
Paragraph (4) does not apply if the failure to disclose the conviction related to a question asked when the conviction did not fall within paragraph (2A).
3
In article 5 (exceptions from section 4(3) of the Act)—
a
in paragraph (2), for sub-paragraph (b) substitute—
b
a conviction which—
i
falls within paragraph (2A); and
ii
is not included in a higher level disclosure sent in connection with the profession, office, employment, occupation, decision or proposed decision to which the exception would otherwise apply.
b
after paragraph (2) insert—
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 7 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 15 years have passed since the date of conviction; or
b
a conviction for an offence listed in schedule B1 which is not a protected conviction.
c
in paragraph (4), for “for an offence listed in Schedule B1” substitute “which falls within paragraph (2A)”; and
d
after paragraph (4) insert—
5
Paragraph (4) does not apply if the failure to disclose the conviction related to a question asked when the conviction did not fall within paragraph (2A).
4
The title of schedule A1 (offences which must always be disclosed)4 becomes “Offences which must be disclosed subject to exceptions”.
5
In schedule B1 (offences which are to be disclosed subject to rules)5—
a
in paragraph 75, for “and” substitute “or”; and
b
in paragraph 81, omit sub-paragraph (c) and the word “and” immediately preceding it.