Citation, commencement and interpretation

1.-(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(3).

Amendment of article 2 of the 2013 Order

2.  In article 2(1) of the 2013 Order (interpretation), in paragraph (a) of the definition of "sent", for "113A(2)" substitute "113A(2)(a)".

Amendment of article 2A of the 2013 Order

3.  In article 2A(3) of the 2013 Order (protected convictions), for "subsection" substitute "paragraph".

Substitution of Schedule A1 to the 2013 Order

4.  For Schedule A1 to the 2013 Order (offences which must always be disclosed) substitute-

Article 2A

"SCHEDULE A1OFFENCES WHICH MUST ALWAYS BE DISCLOSED

Common 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

Armed forces

19.  An offence under section 42 of the Armed Forces Act 2006(4) (criminal conduct) where the corresponding offence under the law of England and Wales is, or corresponds to, an offence listed in this Schedule.

Aviation and maritime

20.  An offence under the Piracy Act 1837(5).

21.  An offence under any of the following provisions of the Aviation Security Act 1982(6)-

(a)section 1 (hijacking);

(b)section 2 (destroying, damaging or endangering safety of aircraft);

(c)section 3 (other acts endangering or likely to endanger safety of aircraft); and

(d)section 4 (offences in relation to certain dangerous articles).

22.  An offence under section 9 of the Aviation and Maritime Security Act 1990(7) (hijacking of ships).

23.  An offence under article 241 of the Air Navigation Order 2009(8) in respect of a contravention of article 137 of that Order (endangering safety of aircraft).

Children

24.  An offence under section 12 of the Children and Young Persons (Scotland) Act 1937(9) (cruelty to persons under 16).

Explosives

25.  An offence under the Explosive Substances Act 1883(10).

Firearms and other weapons

26.  An offence under any of the following provisions of the Firearms Act 1968(11)-

(a)section 4 (conversion of weapons)(12);

(b)section 5 (weapons subject to a general prohibition)(13);

(c)section 16 (possession of firearm with intent to injure);

(d)section 16A(14) (possession of firearm with intent to cause fear or violence);

(e)section 17(15) (use of firearm to resist arrest);

(f)section 18 (carrying firearm with criminal intent);

(g)section 19(16) (carrying firearm in a public place);

(h)section 20(17) (trespassing with firearm);

(i)section 21(18) (possession of firearm by persons previously convicted of crime);

(j)section 24(19) (supplying firearms to minors);

(k)section 25 (supplying firearm to person drunk or insane);

(l)section 28A(7)(20) (certificates: supplementary);

(m)section 29(21) (variation of firearm certificates);

(n)section 30D(3) (revocation of certificates: supplementary)(22);

(o)section 39(23) (offences in connection with registration);

(p)section 40(24) (compulsory register of transactions in firearms);

(q)section 46(5) (power of search with warrant);

(r)section 47 (powers of constables to stop and search); and

(s)section 48 (production of certificates).

27.  An offence under the Chemical Weapons Act 1996(25).

Forced marriage

28.  An offence under section 122 of the Anti-social Behaviour, Crime and Policing Act 2014 (offence of forced marriage: Scotland)(26).

Human trafficking and exploitation

29.  An offence under section 22 of the Criminal Justice (Scotland) Act 2003(27) (traffic in prostitution etc.).

30.  An offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004(28) (trafficking people for exploitation).

31.  An offence under section 47 of the Criminal Justice and Licensing (Scotland) Act 2010(29) (slavery, servitude and forced or compulsory labour).

32.  An offence under the Prohibition of Female Genital Mutilation (Scotland) Act 2005(30).

Medical professions etc.

33.  An offence under section 10Z9 of the National Health Service (Scotland) Act 1978(31) (offences in relation to registration).

34.  An offence under any of the following provisions of the Medical Act 1983(32)-

(a)section 49 (penalty for pretending to be registered)(33); and

(b)section 49A (penalty for pretending to hold a licence to practise)(34) .

35.  An offence under article 38 (offences relating to the Register) of the Pharmacy Order 2010(35).

Medicines

36.  An offence under any of the following provisions of the Medicines Act 1968(36)-

(a)section 67(1A) and (1B) (offences under Part III)(37); and

(b)section 78 (restrictions on use of titles, descriptions and emblems)(38).

Official Secrets

37.  An offence under the Official Secrets Act 1911(39).

Prostitution

38.  An offence under any of the following provisions of the Criminal Law (Consolidation) (Scotland) Act 1995(40)-

(a)section 7(41) (procuring);

(b)section 11(42) (trading in prostitution and brothel-keeping); and

(c)section 12 (allowing child to be in brothel).

Road traffic

39.  An offence under any of the following provisions of the Road Traffic Act 1988(43)-

(a)section 1(44) (causing death by dangerous driving);

(b)section 3ZC(45) (causing death by driving: disqualified drivers); and

(c)section 3A(46) (causing death by careless driving when under influence of drink or drugs).

Serious organised crime

40.  An offence under any of the following provisions of the Criminal Justice and Licensing (Scotland) Act 2010(47)-

(a)section 28 (involvement in serious organised crime);

(b)section 30 (directing serious organised crime); and

(c)section 31 (failure to report serious organised crime).

Sexual offences

41.  An offence under section 50(3) of the Customs and Excise Management Act 1979(48) (penalty for improper importation of goods) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876(49), but only where the prohibited goods include indecent photographs of persons.

42.  A sexual offence within the meaning given by section 210A(10) of the Criminal Procedure (Scotland) Act 1995(50) other than an offence mentioned in paragraph (xxvii)(ZF) or (ZG) of that section (engaging while an older child in sexual conduct with or towards another older child).

43.  An offence under section 113 of the Sexual Offences Act 2003(51) (breach of sexual offences prevention order or interim sexual offences prevention order, etc.).

44.  An 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.)(52).

Stalking and harassment

45.  An offence under section 50A of the Criminal Law (Consolidation) (Scotland) Act 1995(53) (racially aggravated harassment).

46.  An offence under any of the following provisions of the Criminal Justice and Licensing (Scotland) Act 2010(54)-

(a)section 38 (threatening or abusive behaviour); and

(b)section 39 (offence of stalking).

Terrorism

47.  An offence under any of the following provisions of the Terrorism Act 2000(55)-

(a)section 11 (membership);

(b)section 12 (support);

(c)section 15 (fund-raising);

(d)section 16 (use and possession);

(e)section 17 (funding arrangements);

(f)section 17A(2) or (4) (insurance payments made in response to terrorist demands)(56);

(g)section 18 (money laundering);

(h)section 19(57) (disclosure of information: duty);

(i)section 21A(58) (failure to disclose: regulated sector);

(j)section 21D(59) (tipping off: regulated sector);

(k)section 38B(60) (information about acts of terrorism);

(l)section 39(61) (disclosure of information, &c.);

(m)section 54 (weapons training)(62);

(n)section 56 (directing terrorist organisation);

(o)section 57 (possession for terrorist purposes)(63);

(p)section 58 (collection of information)(64);

(q)section 58A (eliciting, publishing or communicating)(65); and

(r)section 61 (inciting terrorism overseas).

48.  An offence under any of the following provisions of the Anti-terrorism, Crime and Security Act 2001(66)-

(a)section 47 (use etc. of nuclear weapons);

(b)section 50 (assisting or inducing certain weapons-related acts overseas);

(c)section 52 (powers of entry);

(d)section 54 (offences);

(e)section 67 (offences);

(f)section 79 (prohibition of disclosures relating to nuclear security)(67);

(g)section 80 (prohibition of disclosures of uranium enrichment technology)(68);

(h)section 113 (use of noxious substances or things to cause harm and intimidate)(69);

(i)section 114 (hoaxes involving noxious substances or things); and

(j)paragraph 7 of Schedule 3 (offences).

49.  An offence under the Terrorism Act 2006(70).

50.  An offence under any of the following provisions of the Counter-Terrorism Act 2008(71)-

(a)section 2 (offence of obstruction);

(b)section 54 (offences relating to notification);

(c)paragraph 15 of Schedule 5 (breach of foreign travel restriction order and offence);

(d)paragraph 30 of Schedule 7 (offences: failure to comply with requirement imposed by direction);

(e)paragraph 30A of Schedule 7(72) (offences: relevant person circumventing requirements); and

(f)paragraph 31 of Schedule 7 (offences in connection with licences).

Violent offender orders

51.  An offence under section 113(1) of the Criminal Justice and Immigration Act 2008(73) (breach of violent offender order or interim violent offender order).

Vulnerable persons

52.  An offence under section 83 of the Adults with Incapacity (Scotland) Act 2000(74) (offence of ill-treatment and wilful neglect).

53.  An offence under section 315 of the Mental Health (Care and Treatment) (Scotland) Act 2003(75) (ill-treatment and wilful neglect of mentally disordered person).

54.  An offence under any of the following provisions of the Protection of Vulnerable Groups (Scotland) Act 2007(76)-

(a)section 34 (barred individuals not to do regulated work);

(b)section 35 (organisations not to use barred individuals for regulated work); and

(c)section 36 (personnel suppliers not to supply barred individuals for regulated work).

55.  Any offence where the conduct in respect of which the person was convicted also constituted a breach of a banning order granted under section 19 of the Adult Support and Protection (Scotland) Act 2007(77) (banning orders).

Witness protection

56.  An offence under any of the following provisions of the Serious Organised Crime and Police Act 2005(78)-

(a)section 86 (offence of disclosing information about protection arrangements); and

(b)section 88 (offences of disclosing information relating to persons assuming new identity).

Statutory aggravations

57.  An offence in relation to which either of the following provisions applies-

(a)section 29(1) of the Criminal Justice and Licensing (Scotland) Act 2010(79) (offences aggravated by connection with serious organised crime); or

(b)section 31 of the Counter-Terrorism Act 2008 (offences aggravated by terrorism)(80).

Other

Common law aggravations

58.  An offence the conviction for which indicates that it was committed against a child.

59.  An offence the conviction for which indicates that it included a sexual element.

Inchoate offences

60.  An offence committed by aiding, abetting, counselling, procuring or inciting the commission of the offence of murder or any offence listed in paragraphs 1 to 59 of this Schedule.

61.  An offence committed by attempting or conspiring to commit the offence of murder or any offence listed in paragraphs 1 to 59 of this Schedule.

Superseded offences

62.  An offence superseded (whether directly or indirectly) by any offence listed in paragraphs 1 to 61 of this Schedule (and any qualification in relation to a listed offence applies to the superseded offence as it applies to the listed offence).

Combined offences

63.  An offence which was charged, and the conviction for which was received, in conjunction with any offence listed in paragraphs 1 to 62 of this Schedule.

Corresponding offences elsewhere in the UK or abroad

64.  An offence under the law of England and Wales or Northern Ireland, or any country or territory outside the United Kingdom, which corresponds to any offence listed in paragraphs 1 to 63 of this Schedule.".

Substitution of Schedule B1 to the 2013 Order

5.  For Schedule B1 to the 2013 Order (offences which are to be disclosed subject to rules) substitute-

Articles 2A, 4 and 5

"SCHEDULE B1OFFENCES WHICH ARE TO BE DISCLOSED SUBJECT TO RULES

Common law offences

1.  An offence of perverting, or attempting to pervert, the course of justice (by whatever means and however the offence is described), including in particular-

(a)perjury;

(b)prevarication on oath;

(c)prison breaking; and

(d)subornation of perjury.

2.  Assault excluding any assault of a kind listed in Schedule A1.

3.  Breach of the peace.

4.  Clandestinely taking possession.

5.  Culpable and reckless conduct.

6.  Culpable and reckless endangering of the public.

7.  Culpable and reckless fireraising.

8.  Embezzlement.

9.  False accusation of a crime.

10.  Fraud.

11.  Housebreaking with intent to steal.

12.  Mobbing and rioting.

13.  Opening a lockfast place with intent to steal.

14.  Public indecency.

15.  Reset (excluding reset of plagium).

16.  Robbery.

17.  Theft (excluding plagium).

18.  Uttering.

19.  Wilful fireraising.

Statutory offences

Adult support and protection

20.  An offence under section 49 of the Adult Support and Protection (Scotland) Act 2007(81) (obstruction).

Animals

21.  An offence under the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974(82).

22.  An offence under any of the following provisions of the Wildlife and Countryside Act 1981(83)-

(a)section 1(84) (protection of wild birds, their nests and eggs and prevention of poaching);

(b)section 5(85) (prohibition of certain methods of killing or taking wild birds);

(c)section 9(86) (protection of other wild animals and prevention of poaching);

(d)section 11(87) (prohibition of certain methods of killing or taking wild animals);

(e)section 11A, 11B and 11C(88) (offences in relation to snares);

(f)section 14ZC(89) (prohibition on keeping etc. of invasive animals or plants);

(g)section 15A(90) (possession of pesticides); and

(h)section 18 (attempts to commit offences etc.), but only in relation to an offence listed in sub-paragraphs (a) to (g) of this paragraph.

23.  An offence under the Dangerous Dogs Act 1991(91).

24.  An offence under the Protection of Badgers Act 1992(92).

25.  An offence under any of the following provisions of the Conservation (Natural Habitats, &c.) Regulations 1994(93)-

(a)regulation 39(94) (protection of certain wild animals); and

(b)regulation 41(95) (prohibition of certain methods of taking or killing wild animals).

26.  An offence under the Welfare of Animals (Slaughter or Killing) Regulations 1995(96).

27.  An offence under the Wild Mammals Protection Act 1996(97).

28.  An offence under the Protection of Wild Mammals (Scotland) Act 2002(98).

29.  An offence under the Animal Health and Welfare (Scotland) Act 2006(99).

Armed forces

30.  An offence under section 42 of the Armed Forces Act 2006(100) (criminal conduct) where the corresponding offence under the law of England and Wales is, or corresponds to, an offence listed in this Schedule.

Assaulting or hindering public officials

31.  An offence under section 89 of the Police Act 1996(101) (assaults on constables).

32.  An offence under section 32 of the Commissioners for Revenue and Customs Act 2005(102) (assault).

33.  An offence under the Emergency Workers (Scotland) Act 2005(103).

34.  An offence under section 85 of the Fire (Scotland) Act 2005(104) (false alarms).

35.  An offence under section 90 of the Police and Fire Reform (Scotland) Act 2012(105) (assaulting or impeding police).

Aviation

36.  An offence under any of the following provisions of the Aviation Security Act 1982(106)-

(a)section 20B(107) (detention direction); and

(b)section 21FA(108) (air cargo agents: documents).

Bomb hoaxes

37.  An offence under section 51 of the Criminal Law Act 1977(109) (bomb hoaxes).

Bribery

38.  An offence under the Bribery Act 2010(110).

Care services

39.  An offence under any of the following provisions of the Regulation of Care (Scotland) Act 2001(111)-

(a)section 45(112) (application for registration under Part 3); and

(b)section 52 (use of title "social worker" etc.).

40.  An offence under any of the following provisions of the Public Services Reform (Scotland) Act 2010(113)-

(a)section 80(1) (offences in relation to registration under Chapter 3);

(b)section 81 (false statements in application under Chapter 3); and

(c)section 90 (offences under Chapter 4).

41.  An offence under article 27 of the Public Services Reform (General Teaching Council for Scotland) Order 2011(114) (offences).

42.  An offence under regulation 19 of the Social Care and Social Work Improvement (Scotland) (Requirements for Care Services) Regulations 2011(115) (offences).

Charities

43.  An offence under the Charities and Trustee Investment (Scotland) Act 2005(116).

Child Support

44.  An offence under section 50 of the Child Support Act 1991(117) (unauthorised disclosure of information).

Children

45.  An offence under section 6 of the Child Abduction Act 1984(118) (offence in Scotland of parent, etc. taking or sending child out of United Kingdom).

Crossbows

46.  An offence under section 1 of the Crossbows Act 1987(119) (sale and letting on hire).

Domestic abuse

47.  An offence under section 2 of the Domestic Abuse (Scotland) Act 2011(120) (breach of domestic abuse interdict with power of arrest).

Drugs

48.  An offence under any of the following provisions of the Misuse of Drugs Act 1971(121)-

(a)section 3(122) (restriction of importation and exportation of controlled drugs);

(b)section 4(123) (restriction of production and supply of controlled drugs);

(c)section 4A(124) (aggravation of offence of supply of controlled drug);

(d)section 5(3) (restriction of possession of controlled drugs);

(e)section 6 (restriction of cultivation of cannabis plant);

(f)section 8(a) and (b) (occupiers etc. of premises to be punishable for certain activities taking place there);

(g)section 12(125) (directions prohibiting prescribing, supply etc. of controlled drugs by practitioners etc. convicted of certain offences);

(h)section 13(126) (directions prohibiting prescribing, supply etc. of controlled drugs by practitioners in other cases);

(i)section 17 (power to obtain information from doctors, pharmacists etc. in certain circumstances);

(j)section 19(127) (attempts etc. to commit offences), but only in relation to an offence listed in sub-paragraphs (a) to (i) of this paragraph; and

(k)section 20 (assisting in or inducing commission outside United Kingdom of offence punishable under corresponding law).

49.  An offence under any of the following provisions of the Customs and Excise Management Act 1979(128) in relation to goods prohibited to be imported or exported under section 3(1) of the Misuse of Drugs Act 1971(129) (restriction of importation and exportation of controlled drugs)-

(a)section 50(2) or (3) (penalty for improper importation of goods);

(b)section 68(2) (offences in relation to exportation of prohibited or restricted goods); and

(c)section 170 (fraudulent evasion of duty).

50.  An offence under the Criminal Justice (International Co-operation) Act 1990(130).

Escape from custody etc.

51.  An offence under section 316 of the Mental Health (Care and Treatment) (Scotland) Act 2003(131) (inducing and assisting absconding etc.).

52.  An offence under section 91 of the Police and Fire Reform (Scotland) Act 2012(132) (escape from custody).

Financial Services

53.  An offence under the Financial Services and Markets Act 2000(133).

54.  An offence under the Financial Services Act 2012(134).

Fire safety

55.  An offence under section 72(1) or (3) of the Fire (Scotland) Act 2005 (offences)(135).

Firearms

56.  An offence under any of the following provisions of the Firearms Act 1968(136)-

(a)section 1 (requirement of firearms certificate)(137);

(b)section 2 (requirement of certificate for possession of shot guns);

(c)section 3 (business and other transactions with firearms and ammunition)(138);

(d)section 22 (acquisition and possession of firearms by minors)(139); and

(e)section 23 (exceptions from section 22(4))(140).

57.  An offence under section 50(5) of the Civic Government (Scotland) Act 1982(141) (drunk in possession of firearm).

58.  An offence under the Firearms (Amendment) Act 1997(142).

59.  An offence under any of the following provisions of the Violent Crime Reduction Act 2006(143)-

(a)section 28 (using someone to mind a weapon);

(b)section 32 (sales of air weapons by way of trade or business to be face to face);

(c)section 35 (restriction on sale and purchase of primers); and

(d)section 36 (manufacture, import and sale of realistic imitation firearms).

Food safety and standards

60.  An offence under any of the following provisions of the Food Safety Act 1990(144)-

(a)section 7(145) (rendering food injurious to health); and

(b)section 9(146) (inspection and seizure of suspected food).

61.  An offence under regulation 4(b) of the General Food Regulations 2004(147).

Forced marriage

62.  An offence under section 9 of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 (offence of breaching order)(148).

Fraud and forgery

63.  An offence under the Forgery and Counterfeiting Act 1981(149).

64.  An offence under section 46A of the Criminal Law (Consolidation) (Scotland) Act 1995 (false monetary instruments)(150).

65.  An offence under section 49 of the Criminal Justice and Licensing (Scotland) Act 2010 (articles for use in fraud)(151).

66.  An offence under section 92 of the Police and Fire Reform (Scotland) Act 2012 (impersonation etc.)(152).

Harassment

67.  An offence under section 234A of the Criminal Procedure (Scotland) Act 1995 (non-harassment orders)(153).

68.  An offence under section 9 of the Protection from Harassment Act 1997 (breach of non-harassment order)(154).

Immigration, etc.

69.  An offence under any of the following provisions of the Immigration Act 1971(155)-

(a)section 24(156) (illegal entry and similar offences);

(b)section 24A(157) (deception);

(c)section 25(158) (assisting unlawful immigration to member State);

(d)section 25A(159) (helping asylum-seeker to enter United Kingdom);

(e)section 25B(160) (assisting entry to United Kingdom in breach of deportation or exclusion order);

(f)section 26(161) (general offences in connection with administration of Act);

(g)section 26A(162) (registration card);

(h)section 26B(163) (possession of immigration stamp); and

(i)section 27(164) (offences by captains, owners or agents of ships or aircraft).

70.  An offence under any of the following provisions of the Immigration and Asylum Act 1999(165)-

(a)section 105 (false representations);

(b)section 106 (dishonest representations);

(c)any of the following paragraphs of Schedule 11-

(i)paragraph 1 (obtaining certificates of authorisation by false pretences);

(ii)paragraph 4(166) (assaulting a detainee custody officer); and

(iii)paragraph 5 (obstructing detainee custody officer); and

(d)any of the following paragraphs of Schedule 12-

(i)paragraph 3(167) (failure to submit to a medical examination);

(ii)paragraph 4(168) (assisting detained persons to escape);

(iii)paragraph 5 (bringing alcohol into a detention centre); and

(iv)paragraph 6 (conveying articles into or out of a detention centre).

71.  An offence under section 35 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004(169) (deportation or removal: cooperation).

72.  An offence under section 21 of the Immigration, Asylum and Nationality Act 2006(170) (offence).

Insolvency

73.  An offence under any of the following provisions of the Insolvency Act 1986(171)-

(a)section 131(172) (company's statement of affairs);

(b)section 206(173) (fraud, etc. in anticipation of winding up);

(c)section 208(174) (misconduct in course of winding up);

(d)section 216(175) (restriction on re-use of company names); and

(e)section 235(176) (duty to co-operate with office-holder).

Landmines

74.  An offence under section 2 of the Landmines Act 1998(177) (prohibited conduct).

Medicines

75.  An offence under section 67(2) and (3) (offences under Part III) of the Medicines Act 1968(178).

76.  An offence under any of the following provisions of the Human Medicines Regulations 2012(179)-

(a)regulation 34(1) (offences: breach of regulations and false information and defence concerning starting materials); and

(b)regulation 255(1)(a), (b), (c) or (d) (offences relating to dealings with medicinal products).

Mental health

77.  An offence under section 318 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (false statements)(180).

Neglect of duty

78.  An offence under Part 4 (shipping: alcohol and drugs) or Part 5 (aviation: alcohol and drugs) of the Railways and Transport Safety Act 2003(181).

79.  An offence under section 22 of the Police and Fire Reform (Scotland) Act 2012 (failure to perform duty)(182).

Obscene material etc.

80.  An offence under section 1(1) of the Indecent Displays Act 1981(183) (indecent displays).

81.  An offence under any of the following provisions of the Civic Government (Scotland) Act 1982(184) -

(a)section 51(185) (obscene material);

(b)section 51A(186) (extreme pornography); and

(c)paragraph 19(3)(187) of Schedule 2 (enforcement).

82.  An offence under section 85(3) of the Postal Services Act 2000(188) (prohibition on sending certain articles by post).

83.  An offence under section 127(1) of the Communications Act 2003(189) (improper use of public electronic communications network).

Offences in relation to children

84.  An offence under any of the following provisions of the Children and Young Persons (Scotland) Act 1937(190)-

(a)section 15 (causing or allowing persons under 16 to be used for begging);

(b)section 22 (exposing children under seven to risk of burning);

(c)section 31(1) (penalties and legal proceedings in respect of general provisions as to employment);

(d)section 33 (prohibition of persons under sixteen taking part in performances endangering life or limb); and

(e)section 34 (restrictions on training for performances of a dangerous nature).

85.  An offence under section 40(1) of the Children and Young Persons Act 1963(191) (offences).

86.  An offence under section 50(2) of the Civic Government (Scotland) Act 1982(192) (drunk in charge of a child).

87.  An offence under section 81 of the Children (Scotland) Act 1995(193) (offences in connection with orders etc. for the protection of children).

88.  An offence under any of the following provisions of the Children's Hearings (Scotland) Act 2011(194)-

(a)section 59 (offences); and

(b)section 171 (offences related to absconding).

Offensive behaviour etc.

89.  An offence under the Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012(195).

Offensive weapons

90.  An offence under the Restriction of Offensive Weapons Act 1959(196).

91.  An offence under section 50(3) (penalty for improper importation of goods) or section 170 (fraudulent evasion of duty) of the Customs and Excise Management Act 1979(197) in relation to goods prohibited to be imported under-

(a)section 1(2) of the Restriction of Offensive Weapons Act 1959 (penalties for offences in connection with dangerous weapons); or

(b)section 141(4) of the Criminal Justice Act 1988 (offensive weapons).

92.  An offence under any of the following provisions of the Criminal Justice Act 1988(198)-

(a)section 141 (offensive weapons); and

(b)section 141A (sale of knives and certain articles with blade or point to persons under eighteen).

93.  An offence under any of the following provisions of the Criminal Law (Consolidation) (Scotland) Act 1995(199)-

(a)section 47 (prohibition of the carrying of offensive weapons);

(b)section 48 (search for offensive weapons);

(c)section 49 (offence of having in a public place an article with a blade or point);

(d)section 49A (offence of having article with blade or point (or offensive weapon) on school premises);

(e)section 49C (offence of having offensive weapon etc. in prison); and

(f)section 50 (extension of constable's power to stop, search and arrest without warrant).

Official Secrets Acts

94.  An offence under the Official Secrets Act 1920(200).

95.  An offence under the Official Secrets Act 1989(201).

Prisons

96.  An offence under section 41 of the Prisons (Scotland) Act 1989 (unlawful introduction of tobacco, etc., into prison)(202).

Proceeds of crime and money laundering

97.  An offence under any of the following provisions of the Proceeds of Crime Act 2002(203)-

(a)Part 7(204) (money laundering);

(b)Part 8(205) (investigations); and

(c)section 453A(206) (certain offences in relation to financial investigators).

98.  An offence under the Proceeds of Crime Act 2002 (External Investigations) Order 2013(207).

99.  An offence under the Proceeds of Crime Act 2002 (External Investigations) (Scotland) Order 2015(208).

Prostitution

100.  An offence under any of the following provisions of the Criminal Law (Consolidation) (Scotland) Act 1995(209)-

(a)section 9(210) (permitting girl to use premises for intercourse); and

(b)section 13(9)(211) (living on earnings of another from male prostitution).

101.  An offence under the Prostitution (Public Places) (Scotland) Act 2007(212).

Public order

102.  An offence under any of the following provisions of the Public Order Act 1986(213)-

(a)section 1 (riot);

(b)section 2 (violent disorder);

(c)section 3(214) (affray);

(d)section 4 (fear or provocation of violence);

(e)section 4A(215) (intentional harassment, alarm or distress);

(f)section 5(216) (harassment alarm or distress);

(g)section 18(217) (use of words or behaviour or display of written material);

(h)section 19 (publishing or distributing written material);

(i)section 20 (public performance of play);

(j)section 21 (distributing, showing or playing a recording);

(k)section 22 (broadcasting or including programme in cable programme service);

(l)section 23 (possession of racially inflammatory material);

(m)section 29B(218) (use of words or behaviour or display of written material);

(n)section 29C (publishing or distributing written material);

(o)section 29D (public performance of play);

(p)section 29E (distributing, showing or playing recording);

(q)section 29F (broadcasting or including programme in programme service); and

(r)section 29G (possession of inflammatory material).

Road traffic

103.  An offence under any of the following provisions of the Road Traffic Act 1988(219)-

(a)section 1A(220) (causing serious injury by dangerous driving);

(b)section 2 (dangerous driving);

(c)section 2B(221) (causing death by careless, or inconsiderate, driving);

(d)section 3ZB(222) (causing death by driving: unlicensed or uninsured drivers);

(e)section 3ZD(223) (causing serious injury by driving: disqualified drivers);

(f)section 4(1)(224) (driving, or being in charge, when under the influence of drink or drugs);

(g)section 5(1)(a) (driving or being in charge of a motor vehicle with alcohol concentration above prescribed limit); and

(h)section 178 (taking motor vehicle without authority, etc.).

Sexual offences

104.  An offence under section 37(1) or (4) of the Sexual Offences (Scotland) Act 2009(225) (older children engaging in sexual conduct with each other).

Solicitors

105.  An offence under the Solicitors (Scotland) Act 1980(226).

Terrorism

106.  An offence under any of the following provisions of the Terrorism Act 2000(227)-

(a)section 13 (uniform);

(b)section 36 (police powers);

(c)section 51 (offences);

(d)section 116 (powers to stop and search);

(e)paragraph 32 of Schedule 5 (urgent cases); and

(f)paragraph 18 of Schedule 7(228) (offences).

Vets

107.  An offence under any of the following provisions of the Veterinary Surgeons Act 1966(229)-

(a)section 19(230) (restriction of practice of veterinary surgery by unqualified persons); and

(b)section 20(231) (prohibition of use of practitioners' titles by unqualified persons).

Miscellaneous statutory offences

108.  An offence under any of the following provisions of the Civic Government (Scotland) Act 1982(232)-

(a)section 57(233) (being in or on building etc. with intent to commit theft);

(b)section 58 (convicted thief in possession)(234); and

(c)section 60(235) (powers of search and seizure).

109.  An offence under section 22 of the Rent (Scotland) Act 1984(236) (unlawful eviction and harassment of occupier).

110.  An offence under section 85(1) of the Postal Services Act 2000(237) (prohibition on sending certain articles by post).

111.  An offence under any of the following provisions of the Serious Organised Crime and Police Act 2005(238)-

(a)section 67 (offences in connection with disclosure notices or search warrants);

(b)section 129(239) (corresponding Scottish offence);

(c)section 145 (interference with contractual relationships so as to harm animal research organisation); and

(d)section 146(240) (intimidation of persons connected with animal research organisation).

Statutory aggravations

112.  An offence (other than an offence listed in Schedule A1) in relation to which either of the following provisions applies-

(a)section 96 of the Crime and Disorder Act 1998 (offences racially aggravated)(241); or

(b)section 74 of the Criminal Justice (Scotland) Act 2003 (offences aggravated by religious prejudice)(242).

113.  An offence (other than an offence listed in Schedule A1) to which either of the following provisions of the Offences (Aggravation by Prejudice) (Scotland) Act 2009(243) applies-

(a)section 1(1) (prejudice relating to disability); or

(b)section 2(1) (prejudice relating to sexual orientation or transgender identity).

Other

Common law aggravations

114.  An offence (other than an offence listed in Schedule A1 or in paragraph 112 of this Schedule), the conviction for which indicates that it included an element of racial prejudice or was racially motivated.

115.  An offence (other than an offence listed in Schedule A1 or in paragraph 112 of this schedule), the conviction for which indicates that it included an element of religious prejudice or was motivated by religious prejudice.

Inchoate offences

116.  An offence committed by aiding, abetting, counselling, procuring or inciting the commission of any offence listed in paragraphs 1 to 115 of this Schedule.

117.  An offence committed by attempting or conspiring to commit any offence listed in paragraphs 1 to 115 of this Schedule.

Superseded offences

118.  An offence superseded (whether directly or indirectly) by any offence listed in paragraphs 1 to 117 of this Schedule (and any qualification in relation to a listed offence applies to the superseded offence as it applies to the listed offence).

Combined offences

119.  An offence which was charged, and the conviction for which was received, in conjunction with any offence listed in paragraphs 1 to 118 of this Schedule.

Corresponding offences elsewhere in the UK or abroad

120.  An offence under the law of England and Wales or Northern Ireland, or any country or territory outside the United Kingdom, which corresponds to any offence listed in paragraphs 1 to 119 of this Schedule.".

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"). The 2013 Order disapplies specified provisions of the Rehabilitation of Offenders Act 1974 ("the Act") which would otherwise prevent a person from having to disclose a spent conviction and protect that person from being prejudiced by that conviction or any failure to disclose it. Section 4(1) of the Act contains a general protection and also provides that evidence about spent convictions is not admissible in proceedings before a judicial authority and that a person must not be asked in such proceedings about a spent conviction (and if asked may refuse to answer). Section 4(2) relates to questions about spent convictions asked outwith judicial proceedings and provides that a person is entitled to treat such a question as if it does not relate to a spent conviction and must not be prejudiced by a failure to disclose a spent conviction in response to such a question. Section 4(3)(b) provides that a spent conviction or a failure to disclose it is not a proper ground for dismissing or excluding a person from any office, profession, occupation or employment or for otherwise prejudicing a person in respect of any of those things.

The general effect of the disapplication of these protections is that, in specified circumstances, those protections are removed so as to permit questions to be asked about spent convictions in order to assess a person's suitability for admission to certain professions or occupations or to hold certain offices, types of employment, licences or permits. The disapplication also permits spent convictions to be a ground for excluding a person from, or otherwise prejudicing them in respect of, those professions, occupations or employments.

The 2013 Order was amended by the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Amendment Order 2015 ("the 2015 Order") in order to disapply the exclusions and exceptions in the 2013 Order in respect of convictions for certain offences (known as "protected convictions"). This disapplication was based on two lists of offences, one of offences convictions for which continue to require always to be disclosed in the circumstances described in the 2013 Order (Schedule A1 to that Order) and one of offences convictions for which may become protected subject to certain specified conditions being met (Schedule B1 to that Order). A conviction for any offence not on either list becomes protected once spent.

Articles 4 and 5 of this Order update the lists of offences in Schedules A1 and B1 by substituting new Schedules A1 and B1 in their place. The changes to these lists of offences follow the consultation on the Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 Remedial Order 2015 ("the remedial Order") which made changes to the system of state disclosure of previous convictions operated by Disclosure Scotland equivalent to those made in respect of individual disclosure by the 2015 Order. Modifications are now being made to the remedial Order by the Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 Remedial (No. 2) Order 2015 and those require to be mirrored, so far as relevant, in the 2013 Order.

Articles 2 and 3 of this Order make minor technical changes to the 2013 Order correcting errors and omissions.