Substitution of Schedule B1 to the 2013 OrderI15
For Schedule B1 to the 2013 Order (offences which are to be disclosed subject to rules) substitute—
SCHEDULE B1OFFENCES WHICH ARE TO BE DISCLOSED SUBJECT TO RULES
Common law offences
1
An offence of perverting, or attempting to pervert, the course of justice (by whatever means and however the offence is described), including in particular—
a
perjury;
b
prevarication on oath;
c
prison breaking; and
d
subornation of perjury.
2
Assault excluding any assault of a kind listed in Schedule A1.
3
Breach of the peace.
4
Clandestinely taking possession.
5
Culpable and reckless conduct.
6
Culpable and reckless endangering of the public.
7
Culpable and reckless fireraising.
8
Embezzlement.
9
False accusation of a crime.
10
Fraud.
11
Housebreaking with intent to steal.
12
Mobbing and rioting.
13
Opening a lockfast place with intent to steal.
14
Public indecency.
15
Reset (excluding reset of plagium).
16
Robbery.
17
Theft (excluding plagium).
18
Uttering.
19
Wilful fireraising.
Statutory offences
Adult support and protection20
An offence under section 49 of the Adult Support and Protection (Scotland) Act 200781 (obstruction).
Animals
21
An offence under the Rabies (Importation of Dogs, Cats and Other Mammals) Order 197482.
22
An offence under any of the following provisions of the Wildlife and Countryside Act 198183—
a
section 184 (protection of wild birds, their nests and eggs and prevention of poaching);
b
section 585 (prohibition of certain methods of killing or taking wild birds);
c
section 986 (protection of other wild animals and prevention of poaching);
d
section 1187 (prohibition of certain methods of killing or taking wild animals);
e
section 11A, 11B and 11C88 (offences in relation to snares);
f
section 14ZC89 (prohibition on keeping etc. of invasive animals or plants);
g
section 15A90 (possession of pesticides); and
h
section 18 (attempts to commit offences etc.), but only in relation to an offence listed in sub-paragraphs (a) to (g) of this paragraph.
23
An offence under the Dangerous Dogs Act 199191.
24
An offence under the Protection of Badgers Act 199292.
25
An offence under any of the following provisions of the Conservation (Natural Habitats, &c.) Regulations 199493—
a
regulation 3994 (protection of certain wild animals); and
b
regulation 4195 (prohibition of certain methods of taking or killing wild animals).
26
An offence under the Welfare of Animals (Slaughter or Killing) Regulations 199596.
27
An offence under the Wild Mammals Protection Act 199697.
28
An offence under the Protection of Wild Mammals (Scotland) Act 200298.
29
An offence under the Animal Health and Welfare (Scotland) Act 200699.
Armed forces30
An offence under section 42 of the Armed Forces Act 2006100 (criminal conduct) where the corresponding offence under the law of England and Wales is, or corresponds to, an offence listed in this Schedule.
Assaulting or hindering public officials
31
An offence under section 89 of the Police Act 1996101 (assaults on constables).
32
An offence under section 32 of the Commissioners for Revenue and Customs Act 2005102 (assault).
33
An offence under the Emergency Workers (Scotland) Act 2005103.
34
An offence under section 85 of the Fire (Scotland) Act 2005104 (false alarms).
35
An offence under section 90 of the Police and Fire Reform (Scotland) Act 2012105 (assaulting or impeding police).
Aviation36
An offence under any of the following provisions of the Aviation Security Act 1982106—
a
section 20B107 (detention direction); and
b
section 21FA108 (air cargo agents: documents).
Bomb hoaxes37
An offence under section 51 of the Criminal Law Act 1977109 (bomb hoaxes).
Bribery38
An offence under the Bribery Act 2010110.
Care services
39
An offence under any of the following provisions of the Regulation of Care (Scotland) Act 2001111—
a
section 45112 (application for registration under Part 3); and
b
section 52 (use of title “social worker” etc.).
40
An offence under any of the following provisions of the Public Services Reform (Scotland) Act 2010113—
a
section 80(1) (offences in relation to registration under Chapter 3);
b
section 81 (false statements in application under Chapter 3); and
c
section 90 (offences under Chapter 4).
41
An offence under article 27 of the Public Services Reform (General Teaching Council for Scotland) Order 2011114 (offences).
42
An offence under regulation 19 of the Social Care and Social Work Improvement (Scotland) (Requirements for Care Services) Regulations 2011115 (offences).
Charities43
An offence under the Charities and Trustee Investment (Scotland) Act 2005116.
Child Support44
An offence under section 50 of the Child Support Act 1991117 (unauthorised disclosure of information).
Children45
An offence under section 6 of the Child Abduction Act 1984118 (offence in Scotland of parent, etc. taking or sending child out of United Kingdom).
Crossbows46
An offence under section 1 of the Crossbows Act 1987119 (sale and letting on hire).
Domestic abuse47
An offence under section 2 of the Domestic Abuse (Scotland) Act 2011120 (breach of domestic abuse interdict with power of arrest).
Drugs
48
An offence under any of the following provisions of the Misuse of Drugs Act 1971121—
a
section 3122 (restriction of importation and exportation of controlled drugs);
b
section 4123 (restriction of production and supply of controlled drugs);
c
section 4A124 (aggravation of offence of supply of controlled drug);
d
section 5(3) (restriction of possession of controlled drugs);
e
section 6 (restriction of cultivation of cannabis plant);
f
section 8(a) and (b) (occupiers etc. of premises to be punishable for certain activities taking place there);
g
section 12125 (directions prohibiting prescribing, supply etc. of controlled drugs by practitioners etc. convicted of certain offences);
h
section 13126 (directions prohibiting prescribing, supply etc. of controlled drugs by practitioners in other cases);
i
section 17 (power to obtain information from doctors, pharmacists etc. in certain circumstances);
j
section 19127 (attempts etc. to commit offences), but only in relation to an offence listed in sub-paragraphs (a) to (i) of this paragraph; and
k
section 20 (assisting in or inducing commission outside United Kingdom of offence punishable under corresponding law).
49
An offence under any of the following provisions of the Customs and Excise Management Act 1979128 in relation to goods prohibited to be imported or exported under section 3(1) of the Misuse of Drugs Act 1971129 (restriction of importation and exportation of controlled drugs)—
a
section 50(2) or (3) (penalty for improper importation of goods);
b
section 68(2) (offences in relation to exportation of prohibited or restricted goods); and
c
section 170 (fraudulent evasion of duty).
50
An offence under the Criminal Justice (International Co-operation) Act 1990130.
Escape from custody etc.
51
An offence under section 316 of the Mental Health (Care and Treatment) (Scotland) Act 2003131 (inducing and assisting absconding etc.).
52
An offence under section 91 of the Police and Fire Reform (Scotland) Act 2012132 (escape from custody).
Financial Services
53
An offence under the Financial Services and Markets Act 2000133.
54
An offence under the Financial Services Act 2012134.
Fire safety55
An offence under section 72(1) or (3) of the Fire (Scotland) Act 2005 (offences)135.
Firearms
56
An offence under any of the following provisions of the Firearms Act 1968136—
a
section 1 (requirement of firearms certificate)137;
b
section 2 (requirement of certificate for possession of shot guns);
c
section 3 (business and other transactions with firearms and ammunition)138;
d
section 22 (acquisition and possession of firearms by minors)139; and
e
section 23 (exceptions from section 22(4))140.
57
An offence under section 50(5) of the Civic Government (Scotland) Act 1982141 (drunk in possession of firearm).
58
An offence under the Firearms (Amendment) Act 1997142.
59
An offence under any of the following provisions of the Violent Crime Reduction Act 2006143—
a
section 28 (using someone to mind a weapon);
b
section 32 (sales of air weapons by way of trade or business to be face to face);
c
section 35 (restriction on sale and purchase of primers); and
d
section 36 (manufacture, import and sale of realistic imitation firearms).
Food safety and standards
60
An offence under any of the following provisions of the Food Safety Act 1990144—
a
section 7145 (rendering food injurious to health); and
b
section 9146 (inspection and seizure of suspected food).
61
An offence under regulation 4(b) of the General Food Regulations 2004147.
Forced marriage62
An offence under section 9 of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 (offence of breaching order)148.
Fraud and forgery
63
An offence under the Forgery and Counterfeiting Act 1981149.
64
An offence under section 46A of the Criminal Law (Consolidation) (Scotland) Act 1995 (false monetary instruments)150.
65
An offence under section 49 of the Criminal Justice and Licensing (Scotland) Act 2010 (articles for use in fraud)151.
66
An offence under section 92 of the Police and Fire Reform (Scotland) Act 2012 (impersonation etc.)152.
Harassment
67
An offence under section 234A of the Criminal Procedure (Scotland) Act 1995 (non-harassment orders)153.
68
An offence under section 9 of the Protection from Harassment Act 1997 (breach of non-harassment order)154.
Immigration, etc.
69
An offence under any of the following provisions of the Immigration Act 1971155—
a
section 24156 (illegal entry and similar offences);
b
section 24A157 (deception);
c
section 25158 (assisting unlawful immigration to member State);
d
section 25A159 (helping asylum-seeker to enter United Kingdom);
e
section 25B160 (assisting entry to United Kingdom in breach of deportation or exclusion order);
f
section 26161 (general offences in connection with administration of Act);
g
section 26A162 (registration card);
h
section 26B163 (possession of immigration stamp); and
i
section 27164 (offences by captains, owners or agents of ships or aircraft).
70
An offence under any of the following provisions of the Immigration and Asylum Act 1999165—
a
section 105 (false representations);
b
section 106 (dishonest representations);
c
any of the following paragraphs of Schedule 11—
i
paragraph 1 (obtaining certificates of authorisation by false pretences);
ii
paragraph 4166 (assaulting a detainee custody officer); and
iii
paragraph 5 (obstructing detainee custody officer); and
71
An offence under section 35 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004169 (deportation or removal: cooperation).
72
An offence under section 21 of the Immigration, Asylum and Nationality Act 2006170 (offence).
Insolvency73
An offence under any of the following provisions of the Insolvency Act 1986171—
a
section 131172 (company’s statement of affairs);
b
section 206173 (fraud, etc. in anticipation of winding up);
c
section 208174 (misconduct in course of winding up);
d
section 216175 (restriction on re-use of company names); and
e
section 235176 (duty to co-operate with office-holder).
Landmines74
An offence under section 2 of the Landmines Act 1998177 (prohibited conduct).
Medicines
75
An offence under section 67(2) and (3) (offences under Part III) of the Medicines Act 1968178.
76
An offence under any of the following provisions of the Human Medicines Regulations 2012179—
a
regulation 34(1) (offences: breach of regulations and false information and defence concerning starting materials); and
b
regulation 255(1)(a), (b), (c) or (d) (offences relating to dealings with medicinal products).
Mental health77
An offence under section 318 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (false statements)180.
Neglect of duty
78
An offence under Part 4 (shipping: alcohol and drugs) or Part 5 (aviation: alcohol and drugs) of the Railways and Transport Safety Act 2003181.
79
An offence under section 22 of the Police and Fire Reform (Scotland) Act 2012 (failure to perform duty)182.
Obscene material etc.
80
An offence under section 1(1) of the Indecent Displays Act 1981183 (indecent displays).
81
An offence under any of the following provisions of the Civic Government (Scotland) Act 1982184 —
a
section 51185 (obscene material);
b
section 51A186 (extreme pornography); and
c
paragraph 19(3)187 of Schedule 2 (enforcement).
82
An offence under section 85(3) of the Postal Services Act 2000188 (prohibition on sending certain articles by post).
83
An offence under section 127(1) of the Communications Act 2003189 (improper use of public electronic communications network).
Offences in relation to children
84
An offence under any of the following provisions of the Children and Young Persons (Scotland) Act 1937190—
a
section 15 (causing or allowing persons under 16 to be used for begging);
b
section 22 (exposing children under seven to risk of burning);
c
section 31(1) (penalties and legal proceedings in respect of general provisions as to employment);
d
section 33 (prohibition of persons under sixteen taking part in performances endangering life or limb); and
e
section 34 (restrictions on training for performances of a dangerous nature).
85
An offence under section 40(1) of the Children and Young Persons Act 1963191 (offences).
86
An offence under section 50(2) of the Civic Government (Scotland) Act 1982192 (drunk in charge of a child).
87
An offence under section 81 of the Children (Scotland) Act 1995193 (offences in connection with orders etc. for the protection of children).
88
An offence under any of the following provisions of the Children’s Hearings (Scotland) Act 2011194—
a
section 59 (offences); and
b
section 171 (offences related to absconding).
Offensive behaviour etc.89
An offence under the Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012195.
Offensive weapons
90
An offence under the Restriction of Offensive Weapons Act 1959196.
91
An offence under section 50(3) (penalty for improper importation of goods) or section 170 (fraudulent evasion of duty) of the Customs and Excise Management Act 1979197 in relation to goods prohibited to be imported under—
a
section 1(2) of the Restriction of Offensive Weapons Act 1959 (penalties for offences in connection with dangerous weapons); or
b
section 141(4) of the Criminal Justice Act 1988 (offensive weapons).
92
An offence under any of the following provisions of the Criminal Justice Act 1988198—
a
section 141 (offensive weapons); and
b
section 141A (sale of knives and certain articles with blade or point to persons under eighteen).
93
An offence under any of the following provisions of the Criminal Law (Consolidation) (Scotland) Act 1995199—
a
section 47 (prohibition of the carrying of offensive weapons);
b
section 48 (search for offensive weapons);
c
section 49 (offence of having in a public place an article with a blade or point);
d
section 49A (offence of having article with blade or point (or offensive weapon) on school premises);
e
section 49C (offence of having offensive weapon etc. in prison); and
f
section 50 (extension of constable’s power to stop, search and arrest without warrant).
Official Secrets Acts
94
An offence under the Official Secrets Act 1920200.
95
An offence under the Official Secrets Act 1989201.
Prisons96
An offence under section 41 of the Prisons (Scotland) Act 1989 (unlawful introduction of tobacco, etc., into prison)202.
Proceeds of crime and money laundering
97
An offence under any of the following provisions of the Proceeds of Crime Act 2002203—
a
Part 7204 (money laundering);
b
Part 8205 (investigations); and
c
section 453A206 (certain offences in relation to financial investigators).
98
An offence under the Proceeds of Crime Act 2002 (External Investigations) Order 2013207.
99
An offence under the Proceeds of Crime Act 2002 (External Investigations) (Scotland) Order 2015208.
Prostitution
100
An offence under any of the following provisions of the Criminal Law (Consolidation) (Scotland) Act 1995209—
a
section 9210 (permitting girl to use premises for intercourse); and
b
section 13(9)211 (living on earnings of another from male prostitution).
101
An offence under the Prostitution (Public Places) (Scotland) Act 2007212.
Public order102
An offence under any of the following provisions of the Public Order Act 1986213—
a
section 1 (riot);
b
section 2 (violent disorder);
c
section 3214 (affray);
d
section 4 (fear or provocation of violence);
e
section 4A215 (intentional harassment, alarm or distress);
f
section 5216 (harassment alarm or distress);
g
section 18217 (use of words or behaviour or display of written material);
h
section 19 (publishing or distributing written material);
i
section 20 (public performance of play);
j
section 21 (distributing, showing or playing a recording);
k
section 22 (broadcasting or including programme in cable programme service);
l
section 23 (possession of racially inflammatory material);
m
section 29B218 (use of words or behaviour or display of written material);
n
section 29C (publishing or distributing written material);
o
section 29D (public performance of play);
p
section 29E (distributing, showing or playing recording);
q
section 29F (broadcasting or including programme in programme service); and
r
section 29G (possession of inflammatory material).
Road traffic103
An offence under any of the following provisions of the Road Traffic Act 1988219—
a
section 1A220 (causing serious injury by dangerous driving);
b
section 2 (dangerous driving);
c
section 2B221 (causing death by careless, or inconsiderate, driving);
d
section 3ZB222 (causing death by driving: unlicensed or uninsured drivers);
e
section 3ZD223 (causing serious injury by driving: disqualified drivers);
f
section 4(1)224 (driving, or being in charge, when under the influence of drink or drugs);
g
section 5(1)(a) (driving or being in charge of a motor vehicle with alcohol concentration above prescribed limit); and
h
section 178 (taking motor vehicle without authority, etc.).
Sexual offences104
An offence under section 37(1) or (4) of the Sexual Offences (Scotland) Act 2009225 (older children engaging in sexual conduct with each other).
Solicitors105
An offence under the Solicitors (Scotland) Act 1980226.
Terrorism106
An offence under any of the following provisions of the Terrorism Act 2000227—
a
section 13 (uniform);
b
section 36 (police powers);
c
section 51 (offences);
d
section 116 (powers to stop and search);
e
paragraph 32 of Schedule 5 (urgent cases); and
f
paragraph 18 of Schedule 7228 (offences).
Vets107
An offence under any of the following provisions of the Veterinary Surgeons Act 1966229—
a
section 19230 (restriction of practice of veterinary surgery by unqualified persons); and
b
section 20231 (prohibition of use of practitioners’ titles by unqualified persons).
Miscellaneous statutory offences
108
An offence under any of the following provisions of the Civic Government (Scotland) Act 1982232—
a
section 57233 (being in or on building etc. with intent to commit theft);
b
section 58 (convicted thief in possession)234; and
c
section 60235 (powers of search and seizure).
109
An offence under section 22 of the Rent (Scotland) Act 1984236 (unlawful eviction and harassment of occupier).
110
An offence under section 85(1) of the Postal Services Act 2000237 (prohibition on sending certain articles by post).
111
An offence under any of the following provisions of the Serious Organised Crime and Police Act 2005238—
a
section 67 (offences in connection with disclosure notices or search warrants);
b
section 129239 (corresponding Scottish offence);
c
section 145 (interference with contractual relationships so as to harm animal research organisation); and
d
section 146240 (intimidation of persons connected with animal research organisation).
Statutory aggravations
112
An offence (other than an offence listed in Schedule A1) in relation to which either of the following provisions applies—
a
section 96 of the Crime and Disorder Act 1998 (offences racially aggravated)241; or
b
section 74 of the Criminal Justice (Scotland) Act 2003 (offences aggravated by religious prejudice)242.
113
An offence (other than an offence listed in Schedule A1) to which either of the following provisions of the Offences (Aggravation by Prejudice) (Scotland) Act 2009243 applies—
a
section 1(1) (prejudice relating to disability); or
b
section 2(1) (prejudice relating to sexual orientation or transgender identity).
Other
Common law aggravations
114
An offence (other than an offence listed in Schedule A1 or in paragraph 112 of this Schedule), the conviction for which indicates that it included an element of racial prejudice or was racially motivated.
115
An offence (other than an offence listed in Schedule A1 or in paragraph 112 of this schedule), the conviction for which indicates that it included an element of religious prejudice or was motivated by religious prejudice.
Inchoate offences
116
An offence committed by aiding, abetting, counselling, procuring or inciting the commission of any offence listed in paragraphs 1 to 115 of this Schedule.
117
An offence committed by attempting or conspiring to commit any offence listed in paragraphs 1 to 115 of this Schedule.
Superseded offences118
An offence superseded (whether directly or indirectly) by any offence listed in paragraphs 1 to 117 of this Schedule (and any qualification in relation to a listed offence applies to the superseded offence as it applies to the listed offence).
Combined offences119
An offence which was charged, and the conviction for which was received, in conjunction with any offence listed in paragraphs 1 to 118 of this Schedule.
Corresponding offences elsewhere in the UK or abroad120
An offence under the law of England and Wales or Northern Ireland, or any country or territory outside the United Kingdom, which corresponds to any offence listed in paragraphs 1 to 119 of this Schedule.