Section 10 – Removal of disregarded convictions from official records
39.Section 10 sets out the process to be followed for removing a disregarded conviction for a historical sexual offence from official records.
40.Section 10(1) provides that the Scottish Ministers must remove all references to such a conviction contained in official records held by them and require every relevant record keeper to remove all references to the disregarded conviction from records that they hold.
41.Section 10(2) provides that a relevant record keeper must comply with the requirement under section 10(1) to remove records of a disregarded conviction as soon as reasonably practicable (but not until the disregard has taken effect), and notify the applicant when they have done so.
42.Sections 10(3)-(5) provides the Scottish Ministers with a power to make regulations to prescribe the manner in which disregarded convictions are removed from official records and to prescribe who a “relevant record keeper” is for the purposes of this section.
