# The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Amendment Order 2025

Draft 2025, ISBN 9780111061404

This Order amends schedule 1 of the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013, which by virtue of article 3(1)(a) of that Order contains a list of proceedings in relation to which the application of section 4(1) of the Rehabilitation of Offenders Act 1974 is excluded. The effect is that evidence of previous convictions which have become “spent” under that Act is nonetheless admissible in those proceedings. This Order adds to the list in schedule 1 proceedings relating to sexual harm prevention orders and sexual risk orders under the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.

Made under: Rehabilitation of Offenders Act 1974 (Section 7, Section 10)

PDFs: Printed copy https://openlegislation.uk/draft-rehabilitation-of-offenders-act-1974-exclusions-and-exceptions-scotland-amendment-order-2025/pdf/sdsi_9780111061404_en.pdf; Draft Policy Note https://openlegislation.uk/draft-rehabilitation-of-offenders-act-1974-exclusions-and-exceptions-scotland-amendment-order-2025/pdf/sdsipn_9780111061404_en_001.pdf

## Introductory text

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 2025
Coming into force 7th February 2025
The Scottish Ministers make the following Order in exercise of the powers conferred by sections 7(4) and 10(1) of the Rehabilitation of Offenders Act 1974 and all other powers enabling them to do so.
In accordance with section 10(2) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

## 1 Citation and commencement

This Order may be cited as the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Amendment Order 2025 and comes into force on 7 February 2025.

## 2 Amendment of the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013

(1) Schedule 1 (proceedings) of the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013 is amended in accordance with paragraph (2).
(2) After paragraph 30 insert—
“31. Proceedings under Chapter 3 (sexual harm prevention orders) or 4 (sexual risk orders) of Part 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 .”.

## Signature

Name
A member of the Scottish Government
St Andrew’s House,
Edinburgh
Date

## Explanatory note

(This note is not part of the Order)
This Order amends schedule 1 of the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013, which by virtue of article 3(1)(a) of that Order contains a list of proceedings in relation to which the application of section 4(1) of the Rehabilitation of Offenders Act 1974 is excluded. The effect is that evidence of previous convictions which have become “spent” under that Act is nonetheless admissible in those proceedings. This Order adds to the list in schedule 1 proceedings relating to sexual harm prevention orders and sexual risk orders under the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.

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Source: https://www.legislation.gov.uk/sdsi/2025/9780111061404 (the official version)
Page: https://openlegislation.uk/draft-rehabilitation-of-offenders-act-1974-exclusions-and-exceptions-scotland-amendment-order-2025
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.