The Disclosure (Scotland) Act 2020 (Incidental, Supplementary and Consequential Provision) Regulations 2025

Rehabilitation of Offenders Act 1974

1.—(1) The Rehabilitation of Offenders Act 1974(1) is modified as follows.

(2) In section 3 (special provision with respect to certain disposals by children’s hearings)(2)—

(a) the existing text becomes subsection (1),

(b) the words from “a ground” to “section 65 or 85 of that Act” become paragraph (a) of that subsection,

(c) after that paragraph, insert—

“, or

(b) one or more of the section 67 grounds under the Children’s Hearings (Scotland) Act 2011 is that mentioned in section 67(2)(j) of that Act (meaning of “section 67 ground”)(3) and that ground has either been accepted by the child and, where necessary, by any person who is a relevant person, or has been established to the satisfaction of the sheriff under section 108 or 114 of that Act,”,

(d) after subsection (1) (as created by sub-paragraph (a)), insert—

“(2) In subsection (1)(b), “relevant person” has the meaning given in section 200 of the Children’s Hearings (Scotland) Act 2011 and includes any individual who is deemed to be a relevant person under section 81(3), or by virtue of an order under section 160(4)(b), of that Act.” (4).

(1)

1974 c. 53.

(2)

Section 3 was relevantly amended by paragraph 1(5) of schedule 2 of the Management of Offenders (Scotland) Act 2019 (asp 14) and section 4(3) of the Age of Criminal Responsibility (Scotland) Act 2019 (asp 7). Non-textual modifications were also made to section 3 by article 2(3) of S.S.I. 2013/146 for a transitory period until section 187 of the Children’s Hearings (Scotland) Act 2011 (“the 2011 Act”) came into force (article 1(2) of S.S.I. 2013/146). Paragraph 13 of schedule 5 of the Disclosure (Scotland) Act 2020 repeals section 187 of the 2011 Act.

(3)

2011 asp 1. There are amendments to section 67 which are not relevant to these Regulations.

(4)

There are amendments to section 81 which are not relevant to these Regulations. Section 160(4)(b) was amended by section 26(2) of the Children (Scotland) Act 2020 (asp 16).