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

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013 (“the 2013 Order”).

Non-disclosable convictions and non-disclosable children’s hearing outcomes

Article 4 of this Order amends article 2A of the 2013 Order to replace references to protected convictions with references to “non-disclosable convictions” and “non-disclosable children’s hearing outcomes” for the purposes of the exclusions and exceptions in the 2013 Order. This reflects the changes made to the disclosure system and the operation of the Protecting Vulnerable Groups Scheme (“the PVG Scheme”) and barring service by the Disclosure (Scotland) Act 2020 (“the Disclosure Act”).

Article 6 substitutes paragraph (2) of article 4 of the 2013 Order, amends paragraph (2A) and inserts new paragraph (2B) to provide when convictions and children’s hearing outcomes are not caught by the exclusion in paragraph (2). The amendments made by article 6 also substitute references to “higher level disclosure” with references to “Level 2 disclosure” to reflect the changes made to the disclosure system and the operation of the PVG Scheme and barring service by the Disclosure Act. Article 7 makes equivalent amendments to article 5 of the 2013 Order.

Article 8 amends schedule A1 of the 2013 Order to update the list of offences for which convictions must and children’s hearing outcomes may be disclosed subject to the exceptions specified in the 2013 Order. Article 9 amends schedule B1 of the 2013 Order to update the list of offences for which convictions must and children’s hearing outcomes may be disclosed subject to the rules set out in the 2013 Order.

Schedule 3 of the 2013 Order

Article 10 amends schedule 3 of the 2013 Order, which describes circumstances in which questions can be put to someone about spent convictions which would not normally need to be disclosed. In certain circumstances these questions can be asked of the individual whose suitability is being assessed, investigated, reviewed or confirmed for a particular role, position or employment, or of another individual who is over the age of 16 and who resides in the same household as the individual being assessed.

Article 10(a)(i) and (iii) to (vi) insert provision in respect of new types of regulated roles in relation to which questions can be asked of individuals over the age of 16 who are residing in the same household as the person whose suitability is being assessed, investigated, reviewed or confirmed for those roles.

Article 10(a)(ii) omits circumstances which are now regulated roles under the Disclosure Act and for which PVG scheme membership will be required.

Article 10(c) inserts a new paragraph 5A, which makes provision for questions asked in the context of an individual over the age of 16 (who is not a pupil receiving a school care accommodation service or whose suitability to carry out a regulated role is not being assessed) living in school care accommodation.

Article 10(b), (d) and (e) makes various consequential amendments and substitutions to reflect the changes made to the disclosure system and the operation of the PVG Scheme and barring service by the Disclosure Act.

Miscellaneous amendments

Article 3 amends article 2 of the 2013 Order to omit and insert relevant definitions to reflect the repeal of Part 5 of the Police Act 1997 (certificates of criminal records etc.) by the Disclosure Act and amendments made elsewhere in this Order.

Articles 5 and 11 make consequential substitutions which reflect the changes made to the disclosure system and the operation of the PVG Scheme and barring service by the Disclosure Act.