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Scottish Statutory Instruments

2019 No. 205 (C. 7)

Criminal Law

The Historical Sexual Offences (Pardons and Disregards) (Scotland) Act 2018 (Commencement) Regulations 2019

Made

11th June 2019

Laid before the Scottish Parliament

13th June 2019

Coming into force

15th October 2019

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 17(2) of the Historical Sexual Offences (Pardons and Disregards) (Scotland) Act 2018(1).

Citation and commencement

1.  These Regulations may be cited as the Historical Sexual Offences (Pardons and Disregards) (Scotland) Act 2018 (Commencement) Regulations 2019 and come into force on 15 October 2019.

Appointed day

2.  15 October 2019 is the appointed day for the coming into force of the Historical Sexual Offences (Pardons and Disregards) (Scotland) Act 2018, so far as not already in force.

HUMZA YOUSAF

A member of the Scottish Government

St Andrew’s House,

Edinburgh

11th June 2019

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations bring into force on 15 October 2019 those provisions of the Historical Sexual Offences (Pardons and Disregards) (Scotland) Act 2018 (“the Act”), which are not already in force.

The Act provides for pardons for those convicted of certain historical sexual offences relating to consensual sexual activity between men and for a scheme enabling individuals to apply for such convictions to be disregarded (Parts 2 and 3 of the Act). References to disregarded convictions will be removed from certain official records (section 10 of the Act), ensuring that they are not revealed in connection with disclosure checks of that person’s background.

The Bill for the Act received Royal Assent on 11 July 2018. Sections 15 to 18 came into force the following day.