SCHEDULE 2Rehabilitation of Offenders Act 1974
I11
1
The 1974 Act is amended as follows.
2
In section 1—
a
in subsection (2), for the word “rehabilitated” in both places where it occurs there is substituted “
protected
”
,
b
in subsection (3), after paragraph (za) there is inserted—
zb
a hospital direction under section 59A of the Criminal Procedure (Scotland) Act 1995;
zc
a victim surcharge imposed under section 253F of the Criminal Procedure (Scotland) Act 1995;
c
in subsection (4), for the word “rehabilitated” there is substituted “
protected
”
,
d
after subsection (4) there is inserted—
4A
In this Act, an “excluded sentence” is a sentence listed in section 5(1).
3
In the title of section 1, for the word “Rehabilitated” there is substituted “
Protected
”
.
4
In the title of section 2, the words “Rehabilitation of” are repealed.
5
In the title of section 3, the words “under the Social Work (Scotland) Act 1968” are repealed.
6
In section 4, in subsection (1), for the word “rehabilitated” there is substituted “
protected
”
.
7
In the title of section 4, for the word “rehabilitation” there is substituted “
becoming a protected person
”
.
8
In section 5—
a
in subsection (1)—
i
for the words “excluded from rehabilitation under” there is substituted “
which are excluded sentences for the purposes of
”
,
ii
for the words “sentence subject to rehabilitation under this Act” there is substituted “
disclosable sentence
”
,
b
after subsection (1A) there is inserted—
1B
In subsection (1), “disclosable sentence” means a sentence imposed in relation to a conviction in respect of which a person may, under this Act, become a protected person.
9
In the title of section 5, for the word “Rehabilitation” there is substituted “
Disclosure
”
.
10
In section 6—
a
in subsection (1)—
i
the words from “(not” to “Act)” are repealed,
ii
for the word “rehabilitation” in the second place where it occurs there is substituted “
disclosure
”
,
b
in subsection (2)—
i
the words from “and” to “Act,” are repealed,
ii
for “rehabilitation” in the second place where it occurs there is substituted “
disclosure
”
,
c
after subsection (2) there is inserted—
2A
In subsections (1) and (2), the references to sentences do not include excluded sentences.
d
in subsection (3A)—
i
for the word “rehabilitation” in each place where it occurs there is substituted “
disclosure
”
,
ii
for the word “rehabilitated” there is substituted “
protected
”
.
11
In the title of section 6, for the word “rehabilitation” there is substituted “
disclosure
”
.
12
In section 7, in subsection (1)(d)—
a
for the words “or other penalty” there is substituted “
requirement, restriction or other way of regulating the person's behaviour
”
,
b
for the word “rehabilitation” there is substituted “
disclosure
”
.
13
In the title of section 7, for the words “rehabilitation under this Act, etc.” there is substituted “
protection under section 4(1)
”
.
14
In section 8, in subsection (1), for the word “rehabilitated” there is substituted “
protected
”
.
15
In section 9—
a
in subsection (1), for the words “rehabilitated living person” there is substituted “
living protected person
”
,
b
in subsection (3)—
i
in paragraph (a), for the word “rehabilitated” in both places where it occurs there is substituted “
protected
”
,
ii
in paragraph (b), for the word “rehabilitated” in both places where it occurs there is substituted “
protected
”
.
16
In schedule 1, in paragraph 1, for the words “period of rehabilitation” there is substituted “
disclosure period
”
.
17
In schedule 2—
a
in paragraph 1(3)(a) and (b), for the word “rehabilitation” in each place where it occurs there is substituted “
disclosure
”
,
b
in paragraph 5(b), for the word “rehabilitation” there is substituted “
disclosure
”
.
18
In schedule 3, in paragraph 1—
a
in sub-paragraph (5), for the word “rehabilitation” in both places where it occurs there is substituted “
disclosure
”
,
b
in sub-paragraph (6), for the word “rehabilitation” in both places where it occurs there is substituted “
disclosure
”
.