The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Amendment (No. 2) Order 2022
| Jurisdiction | Scotland |
| Citation | SSI 2022/378 |
| Year | 2022 |
2022 No. 378
Rehabilitation Of Offenders
The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Amendment (No. 2) Order 2022
Made 13th December 2022
Coming into force 19th December 2022
The Scottish Ministers make the following Order in exercise of the powers conferred by sections 4(4), 10(1) and 10A(1) of the Rehabilitation of Offenders Act 19741and all other powers enabling them to do so.
In accordance with section 10(2) of that Act2, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Citation and commencement
1. This Order may be cited as the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Amendment (No. 2) Order 2022 and comes into force on 19 December 2022.
Amendment of Schedule A1 of the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013
2.—(1) Schedule A1 (offences which must be disclosed subject to exceptions) of the Rehabilitation of Offenders Act 1974 (Exclusion and Exceptions) (Scotland) Order 20133is amended as follows.
(2) After paragraph 9 insert—
“
9A. Defeating the ends of justice.
(3) After paragraph 10 insert—
“
10A. Embezzlement.
(4) After paragraph 12 insert—
“
12A. Housebreaking with intent to steal.
(5) After paragraph 13 insert—
“
13A. Perverting the course of justice (by whatever means and however the offence is described), including in particular—
(a) false accusation of a crime,
(b) perjury,
(c) prevarication on oath,
(d) prison breaking,
(e) subornation of perjury.
(6) Omit paragraphs 13 and 14.
(7) After paragraph 16 insert—
“
16A. Robbery.
16B. Wilful fire-raising.
(8) Omit paragraphs 17 and 18.
(9) After paragraph 23 insert—
“
Bribery
23A. An offence under the Bribery Act 20104.
(10) Omit paragraphs 20 to 23.
(11) After paragraph 24 insert—
“
Computer misuse
24A. An offence under section 3ZA of the Computer Misuse Act 1990 (unauthorised acts causing, or creating risk of, serious damage)5.
Domestic abuse(24B) An offence under section 76 of the Serious Crime Act 2015 (controlling or coercive behaviour in an intimate or family relationship)6.(24C) An offence under section 2 of the Domestic Abuse (Scotland) Act 2011 (breach of domestic abuse interdict with power of arrest)7.(24D) An offence under section 1 of the Domestic Abuse (Scotland) Act 2018 (abusive behaviour towards partner or ex-partner)8.
(12) After paragraph 25 insert—
“
False statements and declarations
25A. An offence under section 44 of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements and declarations)9.
(13) Before paragraph 26 insert—
“
25B. An offence under section 1A of the Prevention of Crime Act 1953 (offence of threatening with offensive weapon in public)10.
(14) Omit paragraph 26(l), (m), (n), (o) and (p).
(15) After paragraph 27 insert—
“
27A. An offence under section 139AA of the Criminal Justice Act 1988 (offence of threatening with article with blade or point or offensive weapon)11.
(16) Before paragraph 28 insert—
“
27B. An offence under section 9 of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 (offence of breaching order)12.
(17) After paragraph 28 insert—
“
Fraud and forgery
28A. An offence under any of the following provisions of the Forgery and Counterfeiting Act 198113—
(a) Part 1 (forgery and kindred offences),
(b) section 14 (offences of counterfeiting notes and coins),
(c) section 15 (offences of passing etc. counterfeit notes and coins),
(d) section 16 (offences involving custody or control of counterfeit notes and coins),
(e) section 17 (offences involving the making or custody or control of counterfeiting materials and implements).
Harassment(28B) An offence under section 234A of the Criminal Procedure (Scotland) Act 1995 (non-harassment orders)14.(28C) An offence under any of the following provisions of the Protection from Harassment Act 199715—(a) section 2 (offence of harassment)16,(b) section 2A (offence of stalking)17,(c) section 4 (putting people in fear of violence)18,(d) section 4A (stalking involving fear of violence or serious alarm or distress)19,(e) section 9 (breach of non-harassment order)20.
Health
28D. An offence under any of the following provisions of the Health and Care Act 202221—
(a) section 140 (offence of virginity testing: Scotland),
(b) section 141 (offence of offering to carry out virginity testing: Scotland),
(c) section 142 (offence of aiding or abetting etc. a person to carry out virginity testing: Scotland),
(d) section 152 (offence of carrying out hymenoplasty: Scotland),
(e) section 153 (offence of offering to carry out hymenoplasty: Scotland),
(f) section 154 (offence of aiding or abetting etc. a person to carry out hymenoplasty: Scotland).
(18) After paragraph 31 insert—
“
31A. An offence under section 3A of the Female Genital Mutilation Act 2003 (offence of failing to protect girl from risk of genital mutilation)22.
(19) After paragraph 32 insert—
“
32A. An offence under any of the following provisions of the Human Trafficking and Exploitation (Scotland) Act 201523—
(a) section 1 (offence of human trafficking),
(b) section 4 (slavery, servitude, and forced or compulsory labour),
(c) section 32(1) (breach of certain orders).
Insolvency
32B. An offence under any of the following provisions of the Insolvency Act 198624—
(a) section 206 (fraud, etc. in anticipation of winding up)25,
(b) section 207 (transactions in fraud of creditors),
(c) section 208 (misconduct in course of winding up)26,
(d) section 209 (falsification of company’s books),
(e) section 210 (material omissions from statement relating to company’s affairs),
(f) section 211 (false representations to creditors).
(20) After paragraph 34 insert—
“
34A. An offence under any of the following provisions of the Dentists Act 198427—
(a) section 38 (prohibition on practice of dentistry by laymen)28,
(b) section 39 (prohibition on use of practitioners’ titles by laymen)29.
34B. An offence under section 28(1) of the Opticians Act 1989 (penalty for pretending to be registered etc.)30.
34C. An offence under section 32 of the Osteopaths Act 1993 (offences)31.
34D. An offence under section 32 of the Chiropractors Act 1994 (offences)32.
34E. An offence under article 39 of the Health Professions Order 2001 (offences)33.
34F. An offence under article 44 of the Nursing and Midwifery Order 2001 (offences)34.
(21) After paragraph 37 insert—
“
37A. An offence under the Official Secrets Act 192035.
37B. An offence under the Official Secrets Act 198936.
Proceeds of crime and money laundering
37C. An offence under any of the following provisions of the Proceeds of Crime Act 200237—
(a) Part 7 (money laundering), other than section 339(1A),
(b) Part 8 (investigations).
(22) In paragraph 38—
(a)
(a) after sub-paragraph (a) insert—
“
(aa)
(aa) section 9 (permitting girl to use premises for intercourse)38;
”,
(b)
(b) omit the “and” immediately following sub-paragraph (b),
(c)
(c) after sub-paragraph (c) insert—
“
(d)
(d) section 13(9) (living on the earnings of another from male prostitution)39.
(23) Before paragraph 40 insert—
“
39A. An offence under section 67 of the Serious Organised Crime and Police Act 2005 (offences in connection with disclosure notices or search warrants)40.
(24) After paragraph 41 insert—
“
41A. An offence under section 51A of the Civic Government (Scotland) Act 1982 (extreme pornography)41.
(25) For paragraph 43 substitute—
“
43. An offence under any of the following provisions of the Sexual Offences Act 200342—
(a) section 67A (voyeurism: additional offences)43,
(b) section 103I (breach of sexual harm prevention order or interim sexual harm prevention order)44,
(c) section 113 (breach of sexual offences prevention order or interim sexual offences prevention order, etc.)45,
(d) section 122H (breach of sexual risk order or interim sexual risk order)46.
(26) After paragraph 44 insert—
“
44A. An offence under any of the following provisions of the Sexual Offences (Scotland) Act 200947—
(a) section 54 (incitement to commit certain sexual acts outside Scotland)48,
(b) section 54A (offences committed outside Scotland)49,
(c) section 55 (offences committed outside the United Kingdom; child victims)50.
44B. An offence under section 69 of the Serious Crime Act 2015 (possession of paedophile manual)51.
44C. An offence under any of the following provisions of the Abusive Behaviour and Sexual Harm (Scotland) Act 201652—
(a) section 2 (disclosing, or threatening to disclose, an intimate photograph or film),
(b) section 24 (breach of sexual harm prevention order or interim sexual harm prevention order),
(c) section 34 (breach of sexual risk order or interim sexual risk order),
(d) section 37 (breach of orders equivalent to orders in Chapters 3 and 4)53.
Solicitors
44D. An offence under the Solicitors (Scotland) Act 198054.
(27) Omit paragraph 46(a).
(28) After paragraph 46 insert—
“
Taxation
46A. An offence under any of the following provisions of the Criminal Finances Act 201755—
(a) section 45(1) (failure to prevent facilitation of UK tax evasion offences),
(b) section 46(1) (failure to prevent facilitation of foreign tax evasion offences).
(29) In paragraph 47—
(a)
(a) omit the “and” immediately following sub-paragraph (q),
(b)
(b) after sub-paragraph (q) insert—
“
(qa)
(qa) section 58B (entering or remaining in a designated area)56;
(30) In paragraph 57—
(a)
(a) for “either” substitute “any”,
(b)
(b) omit the “or” immediately after sub-paragraph (a),
(c)
(c) after sub-paragraph (b) insert—
“
(c)
(c) section 5 of the...
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