The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Amendment Order 2016

JurisdictionScotland
(1) This Order may be cited as the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Amendment Order 2016 and comes into force on 8th February 2016.(2) In this Order, “the 2013 Order” means the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013
  • In article 2(1) of the 2013 Order (interpretation) , in paragraph (a) of the definition of “sent”, for “113A(2) ” substitute “113A(2) (a) ”.
  • In article 2A(3) of the 2013 Order (protected convictions) , for “subsection” substitute “paragraph”.
  • For Schedule A1 to the 2013 Order (offences which must always be disclosed) substitute—
      (SCHEDULE A1Article 2A) OFFENCES WHICH MUST ALWAYS BE DISCLOSEDCommon law offences
    • (1) Abduction.
    • (2) Abortion.
    • (3) Assault to the danger of life.
    • (4) Assault to severe injury.
    • (5) Assault with intent to rape or ravish.
    • (6) Assault with intent to commit the statutory offence of rape.
    • (7) Bestiality.
    • (8) Cruel and unnatural treatment of persons.
    • (9) Culpable homicide.
    • (10) Drugging.
    • (11) Extortion.
    • (12) Hamesucken.
    • (13) Hijacking.
    • (14) Piracy.
    • (15) Plagium.
    • (16) Reset of plagium.
    • (17) Treason.
    • (18) Uttering threats.
    • Statutory offences
    • (19) Armed forcesAn offence under section 42 of the Armed Forces Act 2006 (criminal conduct) where the corresponding offence under the law of England and Wales is, or corresponds to, an offence listed in this Schedule.
  • Abduction.Abortion.Assault to the danger of life.Assault to severe injury.Assault with intent to rape or ravish.Assault with intent to commit the statutory offence of rape.Bestiality.Cruel and unnatural treatment of persons.Culpable homicide.Drugging.Extortion.Hamesucken.Hijacking.Piracy.Plagium.Reset of plagium.Treason.Uttering threats.An offence under section 42 of the Armed Forces Act 2006An offence under the Piracy Act 1837section 1 (hijacking) ;section 2 (destroying, damaging or endangering safety of aircraft) ;section 3 (other acts endangering or likely to endanger safety of aircraft) ; andsection 4 (offences in relation to certain dangerous articles) .An offence under section 9 of the Aviation and Maritime Security Act 1990An offence under article 241 of the Air Navigation Order 2009An offence under section 12 of the Children and Young Persons (Scotland) Act 1937An offence under the Explosive Substances Act 1883section 4 (conversion of weapons) section 5 (weapons subject to a general prohibition) section 16 (possession of firearm with intent to injure) ;section 16Asection 17section 18 (carrying firearm with criminal intent) ;section 19section 20section 21section 24section 25 (supplying firearm to person drunk or insane) ;section 28A(7) section 29section 30D(3) (revocation of certificates: supplementary) section 39section 40section 46(5) (power of search with warrant) ;section 47 (powers of constables to stop and search) ; andsection 48 (production of certificates) .An offence under the Chemical Weapons Act 1996An offence under section 122 of the Anti-social Behaviour, Crime and Policing Act 2014 (offence of forced marriage: Scotland) An offence under section 22 of the Criminal Justice (Scotland) Act 2003An offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004An offence under section 47 of the Criminal Justice and Licensing (Scotland) Act 2010An offence under the Prohibition of Female Genital Mutilation (Scotland) Act 2005An offence under section 10Z9 of the National Health Service (Scotland) Act 1978section 49 (penalty for pretending to be registered) section 49A (penalty for pretending to hold a licence to practise) An offence under article 38 (offences relating to the Register) of the Pharmacy Order 2010section 67(1A) and (1B) (offences under Part III) section 78 (restrictions on use of titles, descriptions and emblems) An offence under the Official Secrets Act 1911section 7section 11section 12 (allowing child to be in brothel) .section 1section 3ZCsection 3Asection 28 (involvement in serious organised crime) ;section 30 (directing serious organised crime) ; andsection 31 (failure to report serious organised crime) .An offence under section 50(3) of the Customs and Excise Management Act 1979A sexual offence within the meaning given by section 210A(10) of the Criminal Procedure (Scotland) Act 1995An offence under section 113 of the Sexual Offences Act 2003An offence under section 7 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (offence: breach of RSHO or interim RSHO etc.) An offence under section 50A of the Criminal Law (Consolidation) (Scotland) Act 1995section 38 (threatening or abusive behaviour) ; andsection 39 (offence of stalking) .section 11 (membership) ;section 12 (support) ;section 15 (fund-raising) ;section 16 (use and possession) ;section 17 (funding arrangements) ;section 17A(2) or (4) (insurance payments made in response to terrorist demands) section 18 (money laundering) ;section 19section 21Asection 21Dsection 38Bsection 39section 54 (weapons training) section 56 (directing terrorist organisation) ;section 57 (possession for terrorist purposes) section 58 (collection of information) section 58A (eliciting, publishing or communicating) section 61 (inciting terrorism overseas) .section 47 (use etc. of nuclear weapons) ;section 50 (assisting or inducing certain weapons-related acts overseas) ;section 52

    To continue reading

    Request your trial

    VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT