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.
2006 No.
The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Amendment) (Scotland) Order 2006
Made
Coming into force
The Scottish Ministers, in exercise of the powers conferred on them by sections 4(4), 7(4) and 10(1) of the Rehabilitation of Offenders Act 19741, hereby make the following Order, a draft of which has, in accordance with section 10(2) of that Act, been laid before and approved by resolution of the Scottish Parliament:
Citation, commencement and extent1
1
This Order may be cited as the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Amendment) (Scotland) Order 2006.
2
This Order shall come into force in accordance with the following sub paragraphs:–
a
articles 2, 3(a) and 5(b) to (d) shall come into force on the day after the day on which this Order is made;
b
articles 3(b) and 4 shall come into force on 31st March 2006 or, if this Order has not been made by 30th March 2006, on the day after the day on which it is made; and
c
article 5(a) shall come into force on 1st April 2006 or if this Order has not been made by 31st March 2006, on the day after the day on which it is made.
3
This Order extends to Scotland and, in so far as it extends beyond Scotland, it does so only as a matter of Scots law.
Amendment of the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 20032
The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 20032 is amended in accordance with the following provisions of this Order.
Amendment of Schedule 13
In Schedule 1–
a
in paragraph 8 for “Secretary of State's” substitute “Scottish Ministers'”;
b
after paragraph 15, insert–
16
Proceedings in respect of a decision by a local authority to–
a
refuse to enter a person in; or
b
remove a person from,
the register maintained by the authority under section 82(1) of the Antisocial Behaviour etc. (Scotland) Act 2004.
Amendment of Schedule 34
At the end of Schedule 3, insert–
Registration of certain landlords10
Any question asked by or on behalf of a local authority in order to assess whether–
a
a relevant person within the meaning of section 83(8) of the Antisocial Behaviour etc. (Scotland) Act 2004 (“the 2004 Act”); or
b
a person acting for that person within the meaning of section 83(1) or 88(1) of the 2004 Act,
is a fit and proper person for the purpose of determining whether the relevant person should be entered in or removed from the register maintained by the local authority under section 82(1) or the 2004 Act.
Amendment of Schedule 45
In Schedule 4–
a
in paragraph 15 of Part 2 for “National Crime Squad or the National Criminal Intelligence Service” substitute “Serious Organised Crime Agency”;
b
in paragraph 16 of Part 2 for “Customs and Excise” substitute “Revenue and Customs”;
c
in paragraph 3 of Part 3, for “Secretary of State” substitute “Scottish Ministers”; and
d
in the definition of work in Part 4, for “16” substitute “18”.
(This note is not part of the Order)