The Disclosure (Scotland) Act 2020 (List A and B Offences) Amendment Regulations 2025
In accordance with section 91(2) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Citation and commencement1.
These Regulations may be cited as the Disclosure (Scotland) Act 2020 (List A and B Offences) Amendment Regulations 2025 and come into force on the same day as section 9 of the Disclosure (Scotland) Act 2020.
Modification of schedule 1 of the Disclosure (Scotland) Act 20202.
(1)
Schedule 1 of the Disclosure (Scotland) Act 2020 (list A offences) is modified as follows.
(2)
“14A.
Housebreaking with intent to steal.”.
(3)
“17A.
Robbery.
17B.
Theft by housebreaking.”.
(4)
“25A.
An offence under any of the following provisions of the Domestic Abuse (Protection) (Scotland) Act 20212—(a)
section 7 (offence of breaching notice),
(b)
section 17 (offence of breaching order).”.
(5)
“Health
36A.
An offence under any of the following provisions of the Health and Care Act 20223—(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).”.
(6)
“45A.
An offence under any of the following provisions of the Dentists Act 19844—(a)
section 38 (prohibition on practice of dentistry by laymen)5,(b)
section 39 (prohibition on use of practitioners’ titles by laymen)6.45B.
An offence under section 28 of the Opticians Act 1989 (penalty for pretending to be registered etc.)7.45C.
An offence under section 32 of the Osteopaths Act 1993 (offences)8.45D.
An offence under section 32 of the Chiropractors Act 1994 (offences)9.45E.
An offence under article 39 of the Health Professions Order 2001(offences)10.45F.
An offence under article 44 of the Nursing and Midwifery Order 2001 (offences)11.”.
(7)
“46A.
An offence under article 19 of the Anaesthesia Associates and Physician Associates Order 2024 (offences relating to registration etc.)12.”.
(8)
“National Security and Official Secrets Acts
47A.
An offence under the Official Secrets Act 191113.47B.
An offence under the Official Secrets Act 192014.47C.
An offence under the Official Secrets Act 198915.47D.
An offence under any of the following provisions of the National Security Act 202316—(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).”.
(9)
“50A.
An offence under section 67 of the Serious Organised Crime and Police Act 2005 (offences in connection with disclosure notices or search warrants)17.”.
(10)
(11)
“62A.
An offence under any of the following provisions of the Hate Crime and Public Order (Scotland) Act 202120—(a)
section 3 (racially aggravated harassment),
(b)
section 4(1) or (2) (offence of stirring up hatred).”.
(12)
“Miscellaneous statutory offences
74A.
An offence under section 184(1) of the Online Safety Act 2023 (offence of encouraging or assisting serious self-harm)21.”.
(13)
“77A.
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).”.
(14)
In paragraphs 78 and 79, for “77” substitute “77A”
.
Modification of schedule 2 of the Disclosure (Scotland) Act 20203.
(1)
Schedule 2 of the Disclosure (Scotland) Act 2020 (list B offences) is modified as follows.
(2)
“4A.
Culpable and reckless conduct to danger of life.
4B.
Culpable and reckless discharge of a firearm.”.
(3)
Paragraph 9 is repealed.
(4)
“9A.
Opening a lockfast place.”.
(5)
Paragraph 14 is repealed.
(6)
(7)
“81A.
An offence under section 75 of the Age of Criminal Responsibility (Scotland) Act 2019 (offences)23.”.
(8)
“(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).”.
(9)
“86A.
An offence under section 21(1) of the Fireworks and Pyrotechnic Articles (Scotland) Act 2022 (prohibition on providing fireworks or pyrotechnic articles to children)24.”.
(10)
Paragraphs 87 to 89, and the italic heading immediately preceding them, are repealed.
(11)
“(ea)
section 4B (intentional harassment, alarm or distress on account of sex)25,”.
(12)
“95A.
An offence under any of the following provisions of the Abortion Services (Safe Access Zones) (Scotland) Act 202426—(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).”.
(13)
(14)
“101A.
An offence under section 1 of the Malicious Communications Act 1988 (offence of sending letters etc. with intent to cause distress or anxiety)30.”.
(15)
“102.
An offence under any of the following provisions of the Postal Services Act 200031—(a)
section 83(1) (interfering with mail: postal operators),
(b)
section 85(1) (prohibition on sending certain articles by post).”.
(16)
In paragraph 103, sub-paragraph (a) is repealed.
(17)
“103A.
An offence under any of the following provisions of the Online Safety Act 202332—(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).”.
(18)
“107A.
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).”.
(19)
In paragraphs 108 and 109, for “107” substitute “107A”
.
St Andrew’s House,
Edinburgh
These Regulations amend schedules 1 and 2 of the Disclosure (Scotland) Act 2020 (“the Disclosure Act”).
Regulation 2 modifies schedule 1 (list A offences) to update the list of offences for which convictions must and children’s hearing outcomes may be disclosed on a Level 2 disclosure provided under the Disclosure Act, unless that conviction or outcome is removed by the Scottish Ministers, the independent reviewer or a sheriff under sections 22, 25, 26 or 30 of the Disclosure Act.
Regulation 3 modifies schedule 2 (list B offences) to update the list of offences for which convictions must and children’s hearing outcomes may be disclosed on a Level 2 disclosure provided under the Disclosure Act until they become non-disclosable within the meaning of sections 9 and 10 of the Disclosure Act.