SCHEDULE 1PROCEEDINGS

Article 3(a)

1.

Proceedings in respect of a person’s admission to, or disciplinary proceedings against a member of, any profession specified in Part 1 of Schedule 4 to this Order.

2.

Disciplinary proceedings against a constable.

3.

Proceedings before the Gambling Commission.

4.

Proceedings under the Mental Health (Care and Treatment) (Scotland) Act 200338 before the Mental Health Tribunal for Scotland or the Mental Welfare Commission for Scotland.

5.

Proceedings under the Firearms Act 196839 in respect of—

(a)

the registration of a person as a firearms dealer, the removal of a person’s name from a register of firearms dealers or the imposition, variation or revocation of conditions of any such registration;

(b)

the grant, renewal, variation or revocation of a firearm certificate;

(c)

the grant, renewal or revocation of a shot gun certificate; or

(d)

the grant of a permit under section 7(1), 9(2) or 13(1)(c) of that Act40.

6.

Proceedings in respect of the grant, renewal or variation of a licence under section 25 (restrictions on persons under eighteen going abroad for the purpose of performing for profit) of the Children and Young Persons Act 193341.

7.

Proceedings in respect of a determination by the Scottish Ministers as to the suitability of a person to be the proprietor of an independent school within the meaning of section 135 of the Education (Scotland) Act 198042 including proceedings before the sheriff principal in respect of the above matters under section 102 of the Education (Scotland) Act 198043.

8.

Proceedings in respect of an application for, or cancellation of the Scottish Ministers’ approval of a place under section 1 of the Abortion Act 196744.

9.

Proceedings before Social Care and Social Work Improvement Scotland under Part 5 of the 2010 Act.

10.

Proceedings under the Control of Explosives Regulations 1991 (“the 1991 Regulations”)45 in respect of—

(a)

the application to the chief officer of police for an explosives certificate pursuant to regulation 446 of the 1991 Regulations certifying a person to be a fit person to acquire or acquire and keep explosives;

(b)

the revocation of such certificates pursuant to regulation 547 of the 1991 Regulations; or

(c)

the application to the sheriff pursuant to regulation 6(4) of the 1991 Regulations against application of the provisions relating to prohibited persons.

11.

Proceedings by way of appeal against, or review of, any decision taken, by virtue of any of the provisions of this Order, on consideration of a spent conviction.

12.

Proceedings held for the receipt of evidence affecting the determination of any question arising in any proceedings specified in this Schedule.

13.

Proceedings held in respect of an application for the grant, renewal, or cancellation of a licence to be a taxi driver or private hire driver.

14.

Proceedings—

(a)

before the National Lottery Commission in respect of the grant or revocation of a licence under Part 1 of the National Lottery etc. Act 199348; or

(b)

by way of appeal to the Court of Session against the revocation of any such licence by the National Lottery Commission.

15.

Proceedings in connection with a decision of the Scottish Social Services Council under Part 3 of the 2001 Act.

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 200449.

17.

Proceedings before the Parole Board for Scotland.

18.

Proceedings in respect of the award, suspension or withdrawal of accreditation under any accreditation scheme made by the Scottish Ministers under section 11(1) of the Criminal Justice (Scotland) Act 200350.

19.

The following proceedings under the Proceeds of Crime Act 200251—

(a)

proceedings under Chapters 2 or 3 of Part 5;

(b)

proceedings in relation to a notice under section 317(2), 321(2) or 322(2); and

(c)

proceedings in respect of an application made under Part 8 in connection with a civil recovery investigation (within the meaning of section 341).

20.

Proceedings under section 11 of the Private Security Industry Act 200152.

21.

The following proceedings under the Adults with Incapacity (Scotland) Act 200053—

(a)

proceedings before the sheriff under section 2054 of that Act;

(b)

proceedings before the Public Guardian or the sheriff under Part 3 of that Act; and

(c)

proceedings before the sheriff in respect of intervention orders or guardianship orders within the meaning of that Act.

22.

Proceedings for or in connection with the recovery of compensation under sections 7A to 7D of the Criminal Injuries Compensation Act 199555.

23.

Proceedings before the Scottish Criminal Cases Review Commission.

24.

Proceedings before the assessor appointed either by the Scottish Ministers under section 133(4) of the Criminal Justice Act 198856 or in accordance with any scheme operated by the Scottish Ministers for the payment of compensation to a person who has spent time in custody following a wrongful conviction or charge.

25.

Proceedings before the NHS Tribunal under Part II of the National Health Service (Scotland) Act 197857.

26.

Proceedings before the Court of Session or the sheriff in respect of a guardianship order made under section 11 of the Children (Scotland) Act 199558.

27.

Proceedings under Part 1 (consideration as to listing) of the 2007 Act.

28.

Proceedings before the Court of Session or the sheriff in order to determine the suitability of a person to become a lay representative.

SCHEDULE 2FINANCIAL SERVICES

Article 3(b)

PART 1Decisions referred to at Articles 3(b) and 5(c)

1.

Any decision by the Financial Services Authority—

(a)

to refuse an application for Part IV permission under the 2000 Act;

(b)

to vary or to cancel such permission (or to refuse to vary or cancel such permission) or to impose a requirement under section 43 of that Act;

(c)

to make, or to refuse to vary or revoke, an order under section 56 (prohibition orders) of that Act;

(d)

to refuse an application for the Financial Services Authority’s approval under section 59 of that Act or to withdraw such approval;

(e)

to refuse to make, or to revoke, an order declaring a unit trust scheme to be an authorised unit trust scheme under section 24359 of the 2000 Act or to refuse to give its approval under section 25160 of the 2000 Act to a proposal to replace the manager or trustee of such a scheme;

(f)

to give a direction under section 25761 (authorised unit trust schemes) of the 2000 Act, or to vary (or to refuse to vary or revoke) such a direction;

(g)

to refuse to make, or to revoke, an authorisation order under regulation 14 of the Open-Ended Investment Companies Regulations 200162 or to refuse to give its approval under regulation 2163 of those Regulations to a proposal to replace a director or to appoint an additional director of an open-ended investment company;

(h)

to give a direction to an open-ended investment company under regulation 25 of those Regulations or to vary (or refuse to vary or revoke) such a direction;

(i)

to refuse to give its approval to a collective investment scheme being recognised under section 270 of the 2000 Act or to direct that such a scheme cease to be recognised by virtue of that section or to refuse to make, or to revoke an order declaring a collective investment scheme to be a recognised scheme under section 272 of that Act;

(j)

to refuse to make, or to revoke, a recognition order under section 29064 of the 2000 Act, otherwise than by virtue of section 292(2) of that Act, or to give a direction to a UK recognised investment exchange or UK recognised clearing house under section 29665 of the 2000 Act;

(k)

to make, or to refuse to vary or to revoke, an order under section 329 of the 2000 Act (orders in respect of members of a designated professional body in relation to the general prohibition);

(l)

to dismiss, exclude or fail to promote a person from being a key worker of the Financial Services Authority;

(m)

to refuse an application for registration as an authorised electronic money institution or a small electronic money institution under the Electronic Money Regulations 2011;

(n)

to vary or cancel such registration (or to refuse to vary or cancel such registration) or to impose a requirement under regulation 7 of the Electronic Money Regulations 2011;

(o)

to refuse an application for registration as an authorised payment institution or a small payment institution under the Payment Services Regulations 2009; or

(p)

to vary or cancel such registration (or to refuse to vary or cancel such registration) or to impose a requirement under regulation 7 of the Payment Services Regulations 2009,

by reason of, or partly by reason of, a spent conviction of an individual, or of any circumstances ancillary to such a conviction or of a failure (whether or not by that individual) to disclose such a conviction or any such circumstances.

2.

Any decision by the scheme operator within the meaning of section 225 of the 2000 Act of the Financial Ombudsman Service to dismiss, or not to appoint an individual as, an ombudsman (within the meaning of Schedule 17 to the 2000 Act) of the Financial Ombudsman Service by reason of, or partly by reason of, his spent conviction, or of any circumstances ancillary to such a conviction or of a failure (whether or not by that individual) to disclose such a conviction or any such circumstances.

3.

Any decision of the competent authority for listing—

(a)

to refuse an application for listing under Part VI of the 2000 Act or to discontinue or suspend the listing of any securities under section 77 of that Act66;

(b)

to refuse to grant a person’s application for approval as a sponsor under section 8867 of the 2000 Act or to cancel such approval; or

(c)

to dismiss, exclude or fail to promote a person from being a key worker of the competent authority for listing,

by reason of, or partly by reason of, a spent conviction of an individual, or of any circumstances ancillary to such a conviction or of a failure (whether or not by that individual) to disclose such a conviction or any such circumstances.

4.

Any decision of anyone who is specified in any of paragraphs 2 to 7 of the second column of the table in Part 2 of this Schedule, other than the Financial Services Authority, to dismiss an individual who has, or to exclude or fail to promote an individual who is seeking to obtain, the status specified in the corresponding entry in the first column of that table (but not, where applicable, the status of being an associate of another person), by reason of, or partly by reason of, a spent conviction of that individual or of that individual’s associate, or of any circumstances ancillary to such a conviction or of a failure (whether or not by that individual) to disclose such a conviction or any such circumstances.

5.

Any decision of anyone who is specified in paragraphs 8(1) or 16(1) of the second column of the table in Part 2 of this Schedule to dismiss an individual who has, or to exclude or fail to promote an individual who is seeking to obtain, the status specified in the corresponding entry in sub-paragraph (2) of the first column of that table (associate), by reason of, or partly by reason of, a spent conviction of that individual, or of any circumstances ancillary to such a conviction or of a failure (whether or not by that individual) to disclose such a conviction or any such circumstances.

6.

Any decision of the Council of Lloyd’s—

(a)

to refuse to admit any person as, or to exclude, an underwriting agent (within the meaning of section 2 of the Lloyd’s Act 198268), where that person has, or has applied for, Part IV permission;

(b)

to dismiss any person who is, or to exclude or fail to promote an individual who is seeking to become, an associate of a person who has Part IV permission and who is admitted to Lloyd’s as an underwriting agent (within the meaning of section 2 of the Lloyd’s Act 1982); or

(c)

to dismiss, or to exclude a person from being, an associate of the Council of Lloyd’s,

by reason of, or partly by reason of, a spent conviction of an individual, or of any circumstances ancillary to such a conviction or of a failure (whether or not by that individual) to disclose such a conviction or any such circumstances.

7.

Any decision of a UK recognised investment exchange or UK recognised clearing house to refuse to admit any person as, or to exclude, a member by reason of, or partly by reason of, a spent conviction of an individual, or of any circumstances ancillary to such a conviction or of a failure (whether or not by that individual) to disclose such a conviction or any such circumstances.

PART 2Table referred to in Part 1 of this Schedule and in paragraph 7 of Schedule 3

Column 1

(Status)

Column 2

(Questioner)

1. A person with Part IV permission.

The Financial Services Authority.

2.—(1) An approved person within the meaning of Part V of the 2000 Act (performance of regulated activities).

The Financial Services Authority or the authorised person within the meaning of section 31(2) of the 2000 Act or the applicant for Part IV permission who made the application for the Authority’s approval under section 59 of the 2000 Act in relation to the person mentioned in sub-paragraph (1) of the first column.

(2) An associate of the person (whether or not an individual) mentioned in sub-paragraph (1).

3.—(1) The manager or trustee of an authorised unit trust scheme, within the meaning of section 237 of the 2000 Act.

The Financial Services Authority or the unit trust scheme mentioned in the first column.

(2) An associate of the person (whether or not an individual) mentioned in sub-paragraph (1).

4.—(1) A director of an open-ended investment company.

The Financial Services Authority or the open-ended investment company mentioned in the first column.

(2) An associate of the person (whether or not an individual) mentioned in sub-paragraph (1).

5. An associate of the operator or trustee of a relevant collective investment scheme.

The Financial Services Authority or the collective investment scheme mentioned in the first column.

6. An associate of a UK recognised investment exchange or UK recognised clearing house.

The Financial Services Authority or the investment exchange or clearing house mentioned in the first column.

7. A controller of a person with Part IV permission.

The Financial Services Authority or the person with Part IV permission mentioned in the first column.

8.—(1) A person who carries on a regulated activity within the meaning of section 22 of the 2000 Act but to whom the general prohibition does not apply by virtue of section 327 (exemption from the general prohibition for members of a designated professional body) of the 2000 Act.

(1) The Financial Services Authority.

(2) An associate of the person (whether or not an individual) mentioned in sub-paragraph (1).

(2) In the case of a person mentioned in sub-paragraph (2) of the first column, the person mentioned in sub-paragraph (1) of that column.

9. A key worker of the Financial Services Authority.

The Financial Services Authority.

10. An ombudsman (within the meaning of Schedule 17 to the 2000 Act) of the Financial Ombudsman Service.

The scheme operator (within the meaning of section 225 of the 2000 Act) of the Financial Ombudsman Service.

11. An associate of the issuer of securities which have been admitted to the official list maintained by the competent authority for listing under section 7469 of the 2000 Act.

The competent authority for listing.

12. A sponsor within the meaning of section 88(2) of the 2000 Act.

The competent authority for listing.

13. A key worker of the competent authority for listing.

The competent authority for listing.

14. An associate of a person who has Part IV permission and who is admitted to Lloyd’s as an underwriting agent (within the meaning of section 2 of Lloyd’s Act 1982).

(1) The Council of Lloyd’s.

(2) The person with Part IV permission specified in the first column (or a person applying for such permission).

15. An associate of the Council of Lloyd’s.

The Council of Lloyd’s.

16.—(1) Any member of a UK recognised investment exchange or UK recognised clearing house.

(1) The UK recognised investment exchange or UK recognised clearing house specified in the first column.

(2) Any associate of the person (whether or not an individual) mentioned in sub-paragraph (1).

(2) In the case of a person mentioned in sub-paragraph (2) of the first column, the person mentioned in sub-paragraph (1) of that column.

17. A director or manager responsible for the management of the electronic money or payment services business of an electronic money institution.

The Financial Services Authority.

18. A controller of an electronic money institution.

The Financial Services Authority.

19. A director or a person responsible for the management of an authorised payment institution or a small payment institution.

The Financial Services Authority.

20. A person responsible for the management of payment services provided, or to be provided, by an authorised payment institution or a small payment institution.

The Financial Services Authority.

21. A controller of an authorised payment institution or a small payment institution.

The Financial Services Authority.

SCHEDULE 3EXCLUSIONS OF SECTION 4(2)(a) AND (b) OF THE ACT

Article 4

Application

1.

Subject to paragraph 2, this Schedule applies, for the purposes of article 4, to the circumstances set out in paragraphs 3 to 15.

Requirements to inform

2.

(1)

This Schedule applies only where the person questioned is informed at the time the question is asked that, by virtue of this Order, spent convictions are to be disclosed.

(2)

In the case of questions put in the circumstances to which paragraph 6 applies, the person questioned is also to be informed at that time that spent convictions are to be disclosed in the interests of national security.

Specified professions etc.

3.

(1)

Any question asked in order to assess the suitability—

(a)

of the person to whom the question relates for a profession specified in Part 1 of Schedule 4;

(b)

of the person to whom the question relates for any office or employment specified in Part 2 of Schedule 4;

(c)

of the person to whom the question relates or of any other person to pursue any occupation specified in Part 3 of Schedule 4 or to pursue it subject to a particular condition or restriction; and

(d)

of the person to whom the question relates or of any other person to be placed on a register or to hold a licence, certificate or permit specified in sub-paragraph (3) or to be placed on it or hold it subject to a particular condition or restriction.

(2)

For the avoidance of doubt, references in sub-paragraph (1) to the suitability of a person for any profession or for any office, employment or occupation include the suitability of that person for training for such profession or, as the case may be, for training for such office, employment or occupation.

(3)

The register, licences, certificates or permits referred to in sub-paragraph (1)(d) are—

(a)

firearm certificates and shot gun certificates issued under the Firearms Act 1968, and permits issued under section 7(1), 9(2) or 13(1)(c) of that Act;

(b)

licences issued under section 25 (restrictions on persons under eighteen going abroad for the purpose of performing for profit) of the Children and Young Persons Act 193370;

(c)

explosives certificates issued by a chief officer of police pursuant to regulation 4 of the Control of Explosives Regulations 199171 as to the fitness of a person to acquire or acquire and keep explosives;

(d)

licences granted under section 8 of the Private Security Industry Act 200172; or

(e)

licences issued under, and the register of approved instructors referred to in, Part V (driving instruction) of the Road Traffic Act 198873.

Child minding

4.

Any question asked in order to assess the suitability of a person to act as a child minder (within the meaning of paragraph 12(1) of schedule 12 to the 2010 Act) where that person resides on the premises where the child minding would normally take place (“the premises”) and the question relates either—

(a)

to a person aged 16 or over who resides on the premises; or

(b)

to a person aged 16 or over who regularly works in the premises at a time when the child minding takes place.

Adoption and fostering

5.

(1)

Any question asked by or on behalf of any person for the purpose of assessing, investigating, reviewing or confirming the suitability of any person to adopt children in general or a child in particular, in either of the circumstances set out in sub-paragraph (3).

(2)

Any question asked by or on behalf of any person for the purpose of assessing, investigating, reviewing or confirming the suitability of any person to—

(a)

be a foster carer (within the meaning of section 96 of the 2007 Act); or

(b)

be a host parent (within the meaning of paragraph 11A74 of schedule 2 to the 2007 Act),

in the circumstance set out in sub-paragraph (3)(b).

(3)

The circumstances are that—

(a)

the question relates to the person whose suitability is being assessed, investigated, reviewed or confirmed; or

(b)

the question relates to a person over the age of 16 residing in the same household as the person whose suitability is being assessed, investigated, reviewed or confirmed.

(4)

Any question asked in order to assess the suitability of an individual seeking appointment as a member of—

(a)

an adoption panel or joint adoption panel under regulation 3 or 5 of the Adoption Agencies (Scotland) Regulations 200975; or

(b)

a fostering panel or joint fostering panel under regulation 17 or 19 of the Looked After Children (Scotland) Regulations 200976.

National security

6.

(1)

Any question asked by or on behalf of—

(a)

the Crown, the United Kingdom Atomic Energy Authority, the Financial Services Authority or a universal service provider within the meaning of section 65 of the Postal Services Act 201177, in order to assess, for the purpose of safeguarding national security, the suitability of the person to whom the question relates or of any other person for any office or employment;

(b)

the Civil Aviation Authority;

(c)

any other person authorised to provide air traffic services under section 4 or 5 of the Transport Act 200078 (in any case where such person is a company, an “authorised company”); or

(d)

subject to sub-paragraph (3)—

(i)

any company which is a subsidiary, within the meaning given by section 1159(1) of the Companies Act 200679, of an authorised company; and

(ii)

any company of which an authorised company is a subsidiary,

in the circumstances set out in sub-paragraph (2).

(2)

The circumstances are that the question is put in order to assess, for the purpose of safeguarding national security, the suitability of the person to whom the question relates or of any other person for any office or employment.

(3)

Where the question is put on behalf of a company mentioned in sub-paragraph (1)(d), this paragraph applies only where the question is put in relation to the provision of air traffic services.

Financial services

7.

Any question asked in order to assess the suitability of the individual to whom the question relates to have the status specified in the first column of the table in Part 2 of Schedule 2 by, or on behalf of, the person listed in relation to that status in the second column of that table.

The National Lottery Commission

8.

Any question asked by or on behalf of the National Lottery Commission for the purpose of determining whether to grant or revoke a licence under Part I of the National Lottery etc. Act 199380 where the question relates to an individual—

(a)

who manages the business or any part of the business carried on under the licence (or who is likely to do so if the licence is granted); or

(b)

for whose benefit that business is carried on (or is likely to be carried on if the licence is granted).

Registration of certain landlords

9.

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 200481 (“the 2004 Act”); or

(b)

a person acting for that person within the meaning of section 83(1)82 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) of the 2004 Act.

Public procurement

10.

(1)

Any question asked by or on behalf of a contracting authority or contracting entity in relation to a conviction specified in regulation 23(1) of the Public Contracts (Scotland) Regulations 201283 which is a spent conviction (or any circumstances ancillary to such a conviction) for the purpose of determining whether or not to treat a person as ineligible—

(a)

for the purposes of regulation 23 of the Public Contracts (Scotland) Regulations 2012 or regulation 26 of the Utilities Contracts (Scotland) Regulations 201284; or

(b)

to participate in a design contest for the purposes of regulation 33 of the Public Contracts (Scotland) Regulations 2012 or regulation 34 of the Utilities Contracts (Scotland) Regulations 2012,

where the person questioned is informed at the time the question is asked that, by virtue of this Order, convictions within the meaning of regulation 23(1) of the Public Contracts (Scotland) Regulations 2012, which are spent convictions, are to be disclosed.

(2)

For the purposes of contract award procedures or design contests commenced before 1st May 2012—

(a)

the references in sub-paragraph (1) to regulations 23 and 33 of the Public Contracts (Scotland) Regulations 2012 are to be read as references to regulations 23 and 33 of the Public Contracts (Scotland) Regulations 200685; and

(b)

the references in sub-paragraph (1) to regulations 26 and 34 of the Utilities Contracts (Scotland) Regulations 2012 is to be read as references to regulations 26 and 34 of the Utilities Contracts (Scotland) Regulations 200686.

(3)

For the purposes of sub-paragraph (2), the commencement of a contract award procedure or design contest is to be interpreted in accordance with—

(a)

regulation 52(2) of the Public Contracts (Scotland) Regulations 2012; and

(b)

regulation 49(2) of the Utilities Contracts (Scotland) Regulations 2012.

The Risk Management Authority

11.

Any question asked by or on behalf of the Risk Management Authority in carrying out its functions in relation to risk management plans under the Criminal Justice (Scotland) Act 200387.

Access to information

12.

Any question asked by the Scottish Ministers for the purpose of considering the suitability of a registered person or a nominee of a registered person (within the meaning of the Police Act 199788) to have access to information released under section 113A89, 113B90, 113CA91 or 113CB92 of that Act or sections 52 to 54 of the 2007 Act.

Personnel suppliers

13.

Any question asked by or on behalf of a personnel supplier (within the meaning of section 97(1) of the 2007 Act) in order to assess the suitability of a person to be supplied by the personnel supplier to do regulated work with adults or regulated work with children for another person.

Non-solicitor investors in licensed legal services providers

14.

Any question asked by, or on behalf of, an approved regulator where it is asked for the purposes of section 62 of the Legal Services Act (fitness for involvement) in order to assess the fitness of a non-solicitor investor in a licensed legal services provider for having an interest in a licensed legal services provider.

Lay representatives

15.

Any question asked in order to assess the suitability of the person to whom the question relates to act as a lay representative.

SCHEDULE 4EXCEPTED PROFESSIONS, OFFICES, EMPLOYMENTS AND OCCUPATIONS

Article 5(a)

PART 1Professions

1.

Medical practitioner.

2.

Advocate, solicitor.

3.

Accountant.

4.

Dentist or any profession complementary to dentistry for which a title is specified in regulations under section 36A(2) of the Dentists Act 198493 (professions complementary to dentistry) by virtue of section 36A(3) of that Act.

5.

Veterinary surgeon.

6.

Nurse or midwife.

7.

Ophthalmic optician, dispensing optician.

8.

Registered pharmacist.

9.

Registered pharmacy technician.

10.

Registered teacher.

11.

Any profession to which the Health Professions Order 200194 applies and which is undertaken following registration under that Order.

12.

Registered osteopath.

13.

Registered chiropractor.

14.

Actuary.

15.

Registered European lawyer, registered foreign lawyer.

16.

Social worker.

17.

Social service worker.

PART 2Offices and employments

1.

Judicial appointments.

2.

Prosecutors, officers assisting prosecutors, and officers assisting in the work of the Crown Office.

3.

Justices of the Peace and members of local authorities with signing functions under section 76 of the Criminal Proceedings etc. (Reform) (Scotland) Act 200795.

4.

Clerks (including depute and assistant clerks) and officers of the High Court of Justiciary, the Court of Session and the justice of the peace court, sheriff clerks (including sheriff clerks depute) and their clerks and assistants and other support officers assisting in the work of the Scottish Court Service.

5.

Precognition agents.

6.

Constables, police custody and security officers, persons appointed as police cadets to undergo training with a view to becoming constables, persons employed for the purposes of a police force established under any enactment, persons appointed to assist in the carrying out of police functions and naval, military and air force police.

7.

Any office, employment or work which is concerned with the administration of, or is otherwise normally carried out wholly or partly within the precincts of a prison, remand centre, young offenders institution, detention centre or removal centre, and members of visiting committees for prisons appointed under rules made under section 39 of the Prisons (Scotland) Act 198996 and members of visiting committees for remand centres and young offenders institutions appointed under section 19(3)97 of that Act.

8.

Traffic wardens appointed under or in accordance with section 95 of the Road Traffic Regulation Act 198498.

9.

Any employment or work which is concerned with the provision of a care service.

10.

Any employment or work which is concerned with the provision of health services and which is of such a kind as to enable the holder to have access to persons in receipt of such services in the course of that person’s normal duties.

11.

Any regulated work with children.

12.

Any employment or work in the Scottish Society for the Prevention of Cruelty to Animals where the person employed or working, as part of his or her duties, may carry out the killing of animals.

13.

Any office, employment or work in the Serious Fraud Office.

14.

Any office, employment or work in the Serious Organised Crime Agency.

15.

Any office, employment or work in Her Majesty’s Revenue and Customs.

16.

Any employment which is concerned with the monitoring, for the purposes of child protection, of communications by means of the internet.

17.

Any office or employment in the Scottish Social Services Council.

18.

Her Majesty’s Inspectors, or any person appointed by the Scottish Ministers for the purposes of section 66 of the Education (Scotland) Act 198099 or section 9 of the Standards in Scotland’s Schools etc. Act 2000100, or members of any Management Board established to assist either Her Majesty’s Inspectors or any such person, or any individual undertaking employment or work for Her Majesty’s Inspectors or any such person in relation to the carrying out of inspections under section 66 of the Education (Scotland) Act 1980, section 9 of the Standards in Scotland’s Schools etc. Act 2000 or section 115 of the 2010 Act101, or otherwise in regard to matters associated with such inspections.

19.

The Principal Reporter or officers appointed under section 128(5) of the Local Government etc. (Scotland) Act 1994102 to assist that officer.

20.

Members of a panel established by virtue of section 101(1) of the Children (Scotland) Act 1995103 (panels for curators ad litem, reporting officers and safeguarders).

21.

Any office or employment in the Risk Management Authority.

22.

Any office or employment in the Scottish Criminal Cases Review Commission.

23.

Any office or employment in a relevant authority as defined in section 6 of the Fire (Scotland) Act 2005104.

24.

Any employment or work in a body concerned primarily with the provision of counselling or other support to individuals who are or appear to be victims of, or witnesses to, offences, and which involves having access to personal information about such individuals.

25.

Any regulated work with adults.

26.

Members mentioned in section 35(4)(c) of the Judiciary and Courts (Scotland) Act 2008105 of a tribunal constituted under section 35(1) of that Act to consider the fitness for judicial office of a person holding a judicial office mentioned in section 35(2) of that Act.

27.

Members mentioned in section 12A(4)(d) of the Sheriff Courts (Scotland) Act 1971106 of a tribunal constituted under section 12A(1) of that Act to consider the fitness for shrieval office of a person holding a shrieval office mentioned in section 12A(2) of that Act.

28.

Lay members of the Judicial Appointments Board for Scotland appointed by the Scottish Ministers under paragraph 2 of schedule 1 to the Judiciary and Courts (Scotland) Act 2008.

29.

Non-judicial members of the Scottish Court Service mentioned in paragraph 2(3)(d) of schedule 3 to the Judiciary and Courts (Scotland) Act 2008.

30.

Any office or employment in Social Care and Social Work Improvement Scotland.

31.

Any office or employment in the General Teaching Council for Scotland.

32.

A Head of Practice or a member of a Practice Committee of a licensed legal services provider.

PART 3Occupations

1.

Firearms dealer.

2.

Any occupation in respect of which an application to the Gambling Commission for a licence, certificate or registration is required by or under any enactment.

3.

Any occupation which is concerned with the management of a place in respect of which the approval of the Scottish Ministers is required by section 1 of the Abortion Act 1967107.

4.

Any occupation in respect of which the holder is required pursuant to regulation 4 of the Control of Explosives Regulations 1991108 to obtain from the chief officer of police an explosives certificate certifying that person to be a fit person to acquire or acquire and keep explosives.

5.

Taxi driver or private hire driver.

6.

Any occupation in respect of which an application to the Security Industry Authority for a licence is required by the Private Security Industry Act 2001109.

7.

Any occupation which is concerned with visiting persons detained in police stations, for the purposes of examining and reporting on the conditions under which they are held.

8.

Any occupation in respect of which a licence or registration is required by or under Part V (driving instruction) of the Road Traffic Act 1988110.

SCHEDULE 5REVOCATIONS

Article 6

Instrument

Extent of revocation

The Rehabilitation of Offenders Act 1974 (Exclusion and Exceptions) (Scotland) Order 2003 (S.S.I. 2003/231)

The whole Order

The Health Professions Order 2001 (Consequential Amendments) Order 2003 (S.I. 2003/1590)

Schedule, Part 2, paragraph 7

The Health Act 1999 (Consequential Amendments) (Nursing and Midwifery) Order 2004 (S.I. 2004/1771)

Schedule, Part 2, paragraph 17

The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Subordinate Legislation) Order 2005 (S.S.I. 2005/445)

Schedule, paragraph 44

The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011)

Schedule 6, Part 2, paragraph 14

The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Amendment) (Scotland) Order 2006 (S.S.I. 2006/194)

The whole Order

The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Amendment Order 2007 (S.S.I. 2007/75)

The whole Order

The Judiciary and Courts (Scotland) Act 2008 (Consequential Modifications) Order 2009 (S.S.I. 2009/334)

Article 4

The Adoption and Children (Scotland) Act 2007 (Modification of Subordinate Legislation) Order 2009 (S.S.I. 2009/429)

Schedule, paragraph 5

The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (S.I. 2009/1182)

Schedule 4, Part 1, paragraph 9

Schedule 4, Part 3, paragraph 28

The Pharmacy Order 2010 (S.I. 2010/231)

Schedule 4, Part 2, paragraph 37

The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Amendment Order 2010 (S.S.I. 2010/243)

The whole Order

The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011 (S.S.I. 2011/211)

Schedule 1, Part 2, paragraph 29

Schedule 3, paragraph 1

The Public Services Reform (General Teaching Council for Scotland) Order 2011 (S.S.I. 2011/215)

Schedule 6, paragraph 6

The Postal Services Act 2011 (Consequential Modifications and Amendments) Order 2011 (S.I. 2011/2085)

Schedule 1, paragraph 55

The Public Contracts (Scotland) Regulations 2012 (S.S.I. 2012/88)

Schedule 7, Part B, the entry relating to the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2003 (S.S.I. 2003/231)

The Utilities Contracts (Scotland) Regulations 2012 (S.S.I. 2012/89)

Schedule 5, Part B, the entry relating to the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2003 (S.S.I. 2003/231)