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Law Reform (Miscellaneous Provisions) (Scotland) Act 1980

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Part IIS Persons Disqualified

(a)Persons who have at any time been sentenced in the United Kingdom, the Channel Islands or the Isle of Man—

(i)to imprisonment for life or for a term of 5 years or more; or

(ii)to be detained during Her Majesty’s pleasure, during the pleasure of the Secretary of State or during the pleasure of the Governor of Northern Ireland;

(b)persons who have at any time in the United Kingdom, the Channel Islands or the Isle of Man—

(i)served any part of a sentence of imprisonment [F1detention or youth custody], being a sentence for a term of 3 months or more; or

(ii)been detained in a borstal institution,

and who are not [F2protected] persons for the purposes of the Rehabilitation of Offenders Act M1 1974.

[F3(bb)persons who have been convicted of an offence if, in respect of the conviction, one or more of the following orders was made—

[F4(i)a community payback order under section 227A of the Criminal Procedure (Scotland) Act 1995 (c.46);]

(ii)a drug treatment and testing order under section 234B(2) of that Act;

(iii)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv)a restriction of liberty order under section 245A(1) of that Act;

[F6(v)a community order within the meaning of section 177 of the Criminal Justice Act 2003 [F7or imposed under Chapter 2 of Part 9 of the Sentencing Code];

(va)a youth community order as defined by section 33 of the Powers of Criminal Courts (Sentencing) Act 2000;]

(vi)a community order as defined by article 2(2) of the Criminal Justice (Northern Ireland) Order 1996 (SI 1996/3160 (N.I.24));

(vii)a drug treatment and testing order under article 8(2) of the Criminal Justice (Northern Ireland) Order 1998 (SI 1998/2839 (N.I.20)),

except where they are [F8protected] persons for the purposes of the Rehabilitation of Offenders Act 1974 (c. 53);]

[F9(c)in respect of jury service in any criminal proceedings, persons who are on bail in or in connection with criminal proceedings in any part of the United Kingdom.]

Textual Amendments

F3Sch. 1 Pt. 2 para. (bb) inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 78(1), 89(2) (with s. 78(2)(3)): S.S.I. 2003/288, art. 2, Sch.

F6Sch. 1 Pt. 2 para. (bb)(v)(va) substituted for para. (bb)(v) (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 336(3), Sch. 32 para. 31; S.I. 2005/950, art. 2(1), Sch. 1 para. 42(15) (with Sch. 2 (as explained by S.I. 2005/2122 and amended by S.I. 2007/391, 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2 , S.I. 2009/616, and S.I. 2009/3111))

F7Words in Sch. 1 Pt. II inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 61 (with Sch. 27); S.I. 2020/1236, reg. 2

F9Sch. 1 Pt. 2 para. (c) inserted (1.4.1996) by 1996 c. 40, ss. 5, 7(2), Sch. 4 para. 32(4)(b)

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