The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Amendment (No. 2) Order 2025

Amendment of article 2A

4.  In article 2A (protected convictions) of the 2013 Order(1)—

(a) in paragraph (1), for “protected” substitute “non-disclosable”,

(b) after paragraph (1) insert—

“(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.”,

(c) in paragraph (2)—

(i) in sub-paragraph (b), for “7” substitute “5”,

(ii) in sub-paragraph (c), for “15” substitute “11”,

(d) after paragraph (2) insert—

“(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(2), or

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

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

(e) omit paragraph (3),

(f) the heading of the article becomes “Non-disclosable convictions and non-disclosable children’s hearing outcomes”.

(1)

Article 2A was inserted by S.S.I. 2015/329 and amended by S.S.I. 2016/91.

(2)

1995 c. 36. Section 69 was repealed by schedule 6 of the Children’s Hearings (Scotland) Act 2011.

(3)

2011 asp 1.