The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Amendment Order 2020
| Jurisdiction | Scotland |
| Citation | SSI 2020/45 |
| Year | 2020 |
2020 No. 45
Rehabilitation Of Offenders
The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Amendment Order 2020
Made 19th February 2020
Coming into force 28th February 2020
The Scottish Ministers make the following Order in exercise of the powers conferred by sections 4(4), 7(4), 10(1), 10A(1) and paragraph 6 of schedule 3 of the Rehabilitation of Offenders Act 19741and all other powers enabling them to do so.
In accordance with section 10(2)2of that Act, a draft of this Order has been laid before and approved by resolution of the Scottish Parliament.
Citation, commencement and interpretation
1.—(1) This Order may be cited as the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Amendment Order 2020.
(2) This Order comes into force on 28 February 2020.
(3) In this Order—
“the 2013 Order” means the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 20133,
“ATP” means an alternative to prosecution4.
Amendment of the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013
2.—(1) The 2013 Order is amended in accordance with paragraphs (2) to (6).
(2) In article 3(2)(a) (exclusion of section 4(1) of the Rehabilitation of Offenders Act 1974), omit “2, ”.
(3) In article 4(3) (exclusion of section 4(2)(a) and (b) of the Rehabilitation of Offenders Act 1974)—
(a)
(a) omit “or” after sub-paragraph (b),
(b)
(b) after sub-paragraph (b), insert—
“(ba)
“(ba) any question put to assess the suitability of a person for an office or employment mentioned in paragraph 6 of Part 2 of schedule 4, or”.
(4) For article 5(3) (exceptions from section 4(3) of the Rehabilitation of Offenders Act 1974) substitute—
“3. Paragraph (2) does not apply in relation to—
(a) an office or employment mentioned in paragraph 6 of Part 2 of schedule 4, or
(b) an occupation listed in paragraph 1 or 4 of Part 3 of schedule 4.”.
(5) After article 5, insert—
“Exclusion of paragraphs 3 and 4(2) and (3), and exception from paragraph 5(2), of schedule 3 of the Act
1. The application of paragraph 3 of schedule 3 of the Act is excluded in relation to proceedings specified in paragraph 2 of schedule 1.
2. The application of paragraph 4(2) and (3) of schedule 3 of the Act is excluded in relation to any question put to assess the suitability of a person for an office or employment mentioned in paragraph 6 of Part 2 of schedule 4.
3. There is excepted from the provisions of paragraph 5(2) of schedule 3 of the Act any office or employment mentioned in paragraph 6 of Part 2 of schedule 4.
4. Paragraphs (1), (2) and (3) do not apply in relation to an alternative to prosecution, or to any ancillary circumstances, given to a person when that person was under the age of 18.”.
(6) In Part 2 of schedule 4 (excepted offices and employments), for paragraph 6 substitute—
“Constables, police custody and security officers, persons appointed as police cadets to undergo training with a view to becoming constables and naval, military and air force police.
Persons employed for the purposes of a police force established under any enactment and persons appointed to assist in the carrying out of police functions.”.
Saving provisions
3.—(1) Article 2(2) has no effect in relation to a person’s conviction, or any circumstances ancillary to that conviction, where—
(a)
(a) the person was appointed as a constable before this Order comes into force, and
(b)
(b) the date of the conviction was before this Order comes into force.
(2) Article 2(3) has no effect in relation to a person’s conviction, or any circumstances ancillary to that conviction, where the suitability of that person for an office or employment mentioned in paragraph 6 of Part 2 of schedule 4 of the 2013 Order is being assessed immediately before this Order comes into force.
(3) Article 2(4) has no effect in relation to a person’s conviction, or any...
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