Introductory text

This draft Order supersedes the draft of the same title which was laid before the Scottish Parliament on 5 December 2019 and published on the same date (ISBN 978-0-11-104359-2). It is being issued free of charge to all known recipients of that draft Order.

Draft Order laid before the Scottish Parliament under section 10(2) of the Rehabilitation of Offenders Act 1974 for approval by resolution of the Scottish Parliament.

Rehabilitation Of Offenders

Made 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 1974^f1 and all other powers enabling them to do so.

In accordance with section 10(2)^f2 of that Act, a draft of this Order has been laid before and approved by resolution of the Scottish Parliament.

Annotations

Footnotes

f1: 1974 c.53 (“the 1974 Act”). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46) and S.I. 2003/415. Section 10A was inserted by section 32 of the Management of Offenders (Scotland) Act 2019 (asp 14). Paragraphs 1 to 8 of schedule 3 were inserted by section 109(4) of the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13) and paragraph 9 of schedule 3 was inserted by section 19 of the Criminal Justice and Courts Act 2015 (c.2). Paragraph 8(5) of schedule 3 modifies section 7(4) to the effect that the power in section 7(4) applies for the purpose of excluding the application of paragraph 3 of schedule 3.
f2: Section 10(2) has been modified by paragraph 5 of schedule 3 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10).