The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Amendment Order 2016

Substitution of Schedule B1 to the 2013 Order S

5.  For Schedule B1 to the 2013 Order (offences which are to be disclosed subject to rules) substitute—

Articles 2A, 4 and 5

“SCHEDULE B1 S OFFENCES WHICH ARE TO BE DISCLOSED SUBJECT TO RULES

Common law offences S

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 S

Adult support and protection

20.   An offence under section 49 of the Adult Support and Protection (Scotland) Act 2007(1) (obstruction).

Animals

21.   An offence under the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974(2).

22.   An offence under any of the following provisions of the Wildlife and Countryside Act 1981(3)—

(a) section 1(4) (protection of wild birds, their nests and eggs and prevention of poaching);

(b) section 5(5) (prohibition of certain methods of killing or taking wild birds);

(c) section 9(6) (protection of other wild animals and prevention of poaching);

(d) section 11(7) (prohibition of certain methods of killing or taking wild animals);

(e) section 11A, 11B and 11C(8) (offences in relation to snares);

(f) section 14ZC(9) (prohibition on keeping etc. of invasive animals or plants);

(g) section 15A(10) (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 1991(11).

24.   An offence under the Protection of Badgers Act 1992(12).

25.   An offence under any of the following provisions of the Conservation (Natural Habitats, &c.) Regulations 1994(13)—

(a) regulation 39(14) (protection of certain wild animals); and

(b) regulation 41(15) (prohibition of certain methods of taking or killing wild animals).

26.   An offence under the Welfare of Animals (Slaughter or Killing) Regulations 1995(16).

27.   An offence under the Wild Mammals Protection Act 1996(17).

28.   An offence under the Protection of Wild Mammals (Scotland) Act 2002(18).

29.   An offence under the Animal Health and Welfare (Scotland) Act 2006(19).

Armed forces

30.   An offence under section 42 of the Armed Forces Act 2006(20) (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 1996(21) (assaults on constables).

32.   An offence under section 32 of the Commissioners for Revenue and Customs Act 2005(22) (assault).

33.   An offence under the Emergency Workers (Scotland) Act 2005(23).

34.   An offence under section 85 of the Fire (Scotland) Act 2005(24) (false alarms).

35.   An offence under section 90 of the Police and Fire Reform (Scotland) Act 2012(25) (assaulting or impeding police).

Aviation

36.   An offence under any of the following provisions of the Aviation Security Act 1982(26)—

(a) section 20B(27) (detention direction); and

(b) section 21FA(28) (air cargo agents: documents).

Bomb hoaxes

37.   An offence under section 51 of the Criminal Law Act 1977(29) (bomb hoaxes).

Bribery

38.   An offence under the Bribery Act 2010(30).

Care services

39.   An offence under any of the following provisions of the Regulation of Care (Scotland) Act 2001(31)—

(a) section 45(32) (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 2010(33)—

(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 2011(34) (offences).

42.   An offence under regulation 19 of the Social Care and Social Work Improvement (Scotland) (Requirements for Care Services) Regulations 2011(35) (offences).

Charities

43.   An offence under the Charities and Trustee Investment (Scotland) Act 2005(36).

Child Support

44.   An offence under section 50 of the Child Support Act 1991(37) (unauthorised disclosure of information).

Children

45.   An offence under section 6 of the Child Abduction Act 1984(38) (offence in Scotland of parent, etc. taking or sending child out of United Kingdom).

Crossbows

46.   An offence under section 1 of the Crossbows Act 1987(39) (sale and letting on hire).

Domestic abuse

47.   An offence under section 2 of the Domestic Abuse (Scotland) Act 2011(40) (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 1971(41)—

(a) section 3(42) (restriction of importation and exportation of controlled drugs);

(b) section 4(43) (restriction of production and supply of controlled drugs);

(c) section 4A(44) (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 12(45) (directions prohibiting prescribing, supply etc. of controlled drugs by practitioners etc. convicted of certain offences);

(h) section 13(46) (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 19(47) (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 1979(48) in relation to goods prohibited to be imported or exported under section 3(1) of the Misuse of Drugs Act 1971(49) (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 1990(50).

Escape from custody etc.

51.   An offence under section 316 of the Mental Health (Care and Treatment) (Scotland) Act 2003(51) (inducing and assisting absconding etc.).

52.   An offence under section 91 of the Police and Fire Reform (Scotland) Act 2012(52) (escape from custody).

Financial Services

53.   An offence under the Financial Services and Markets Act 2000(53).

54.   An offence under the Financial Services Act 2012(54).

Fire safety

55.   An offence under section 72(1) or (3) of the Fire (Scotland) Act 2005 (offences)(55).

Firearms

56.   An offence under any of the following provisions of the Firearms Act 1968(56)—

(a) section 1 (requirement of firearms certificate)(57);

(b) section 2 (requirement of certificate for possession of shot guns);

(c) section 3 (business and other transactions with firearms and ammunition)(58);

(d) section 22 (acquisition and possession of firearms by minors)(59); and

(e) section 23 (exceptions from section 22(4))(60).

57.   An offence under section 50(5) of the Civic Government (Scotland) Act 1982(61) (drunk in possession of firearm).

58.   An offence under the Firearms (Amendment) Act 1997(62).

59.   An offence under any of the following provisions of the Violent Crime Reduction Act 2006(63)—

(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 1990(64)—

(a) section 7(65) (rendering food injurious to health); and

(b) section 9(66) (inspection and seizure of suspected food).

61.   An offence under regulation 4(b) of the General Food Regulations 2004(67).

Forced marriage

62.   An offence under section 9 of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 (offence of breaching order)(68).

Fraud and forgery

63.   An offence under the Forgery and Counterfeiting Act 1981(69).

64.   An offence under section 46A of the Criminal Law (Consolidation) (Scotland) Act 1995 (false monetary instruments)(70).

65.   An offence under section 49 of the Criminal Justice and Licensing (Scotland) Act 2010 (articles for use in fraud)(71).

66.   An offence under section 92 of the Police and Fire Reform (Scotland) Act 2012 (impersonation etc.)(72).

Harassment

67.   An offence under section 234A of the Criminal Procedure (Scotland) Act 1995 (non-harassment orders)(73).

68.   An offence under section 9 of the Protection from Harassment Act 1997 (breach of non-harassment order)(74).

Immigration, etc.

69.   An offence under any of the following provisions of the Immigration Act 1971(75)—

(a) section 24(76) (illegal entry and similar offences);

(b) section 24A(77) (deception);

(c) section 25(78) (assisting unlawful immigration to member State);

(d) section 25A(79) (helping asylum-seeker to enter United Kingdom);

(e) section 25B(80) (assisting entry to United Kingdom in breach of deportation or exclusion order);

(f) section 26(81) (general offences in connection with administration of Act);

(g) section 26A(82) (registration card);

(h) section 26B(83) (possession of immigration stamp); and

(i) section 27(84) (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 1999(85)—

(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 4(86) (assaulting a detainee custody officer); and

(iii) paragraph 5 (obstructing detainee custody officer); and

(d) any of the following paragraphs of Schedule 12—

(i) paragraph 3(87) (failure to submit to a medical examination);

(ii) paragraph 4(88) (assisting detained persons to escape);

(iii) paragraph 5 (bringing alcohol into a detention centre); and

(iv) paragraph 6 (conveying articles into or out of a detention centre).

71.   An offence under section 35 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004(89) (deportation or removal: cooperation).

72.   An offence under section 21 of the Immigration, Asylum and Nationality Act 2006(90) (offence).

Insolvency

73.   An offence under any of the following provisions of the Insolvency Act 1986(91)—

(a) section 131(92) (company’s statement of affairs);

(b) section 206(93) (fraud, etc. in anticipation of winding up);

(c) section 208(94) (misconduct in course of winding up);

(d) section 216(95) (restriction on re-use of company names); and

(e) section 235(96) (duty to co-operate with office-holder).

Landmines

74.   An offence under section 2 of the Landmines Act 1998(97) (prohibited conduct).

Medicines

75.   An offence under section 67(2) and (3) (offences under Part III) of the Medicines Act 1968(98).

76.   An offence under any of the following provisions of the Human Medicines Regulations 2012(99)—

(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 health

77.   An offence under section 318 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (false statements)(100).

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 2003(101).

79.   An offence under section 22 of the Police and Fire Reform (Scotland) Act 2012 (failure to perform duty)(102).

Obscene material etc.

80.   An offence under section 1(1) of the Indecent Displays Act 1981(103) (indecent displays).

81.   An offence under any of the following provisions of the Civic Government (Scotland) Act 1982(104) —

(a) section 51(105) (obscene material);

(b) section 51A(106) (extreme pornography); and

(c) paragraph 19(3)(107) of Schedule 2 (enforcement).

82.   An offence under section 85(3) of the Postal Services Act 2000(108) (prohibition on sending certain articles by post).

83.   An offence under section 127(1) of the Communications Act 2003(109) (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 1937(110)—

(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 1963(111) (offences).

86.   An offence under section 50(2) of the Civic Government (Scotland) Act 1982(112) (drunk in charge of a child).

87.   An offence under section 81 of the Children (Scotland) Act 1995(113) (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 2011(114)—

(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 2012(115).

Offensive weapons

90.   An offence under the Restriction of Offensive Weapons Act 1959(116).

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 1979(117) 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 1988(118)—

(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 1995(119)—

(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 1920(120).

95.   An offence under the Official Secrets Act 1989(121).

Prisons

96.   An offence under section 41 of the Prisons (Scotland) Act 1989 (unlawful introduction of tobacco, etc., into prison)(122).

Proceeds of crime and money laundering

97.   An offence under any of the following provisions of the Proceeds of Crime Act 2002(123)—

(a) Part 7(124) (money laundering);

(b) Part 8(125) (investigations); and

(c) section 453A(126) (certain offences in relation to financial investigators).

98.   An offence under the Proceeds of Crime Act 2002 (External Investigations) Order 2013(127).

99.   An offence under the Proceeds of Crime Act 2002 (External Investigations) (Scotland) Order 2015(128).

Prostitution

100.   An offence under any of the following provisions of the Criminal Law (Consolidation) (Scotland) Act 1995(129)—

(a) section 9(130) (permitting girl to use premises for intercourse); and

(b) section 13(9)(131) (living on earnings of another from male prostitution).

101.   An offence under the Prostitution (Public Places) (Scotland) Act 2007(132).

Public order

102.   An offence under any of the following provisions of the Public Order Act 1986(133)—

(a) section 1 (riot);

(b) section 2 (violent disorder);

(c) section 3(134) (affray);

(d) section 4 (fear or provocation of violence);

(e) section 4A(135) (intentional harassment, alarm or distress);

(f) section 5(136) (harassment alarm or distress);

(g) section 18(137) (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 29B(138) (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 traffic

103.   An offence under any of the following provisions of the Road Traffic Act 1988(139)—

(a) section 1A(140) (causing serious injury by dangerous driving);

(b) section 2 (dangerous driving);

(c) section 2B(141) (causing death by careless, or inconsiderate, driving);

(d) section 3ZB(142) (causing death by driving: unlicensed or uninsured drivers);

(e) section 3ZD(143) (causing serious injury by driving: disqualified drivers);

(f) section 4(1)(144) (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 offences

104.   An offence under section 37(1) or (4) of the Sexual Offences (Scotland) Act 2009(145) (older children engaging in sexual conduct with each other).

Solicitors

105.   An offence under the Solicitors (Scotland) Act 1980(146).

Terrorism

106.   An offence under any of the following provisions of the Terrorism Act 2000(147)—

(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 7(148) (offences).

Vets

107.   An offence under any of the following provisions of the Veterinary Surgeons Act 1966(149)—

(a) section 19(150) (restriction of practice of veterinary surgery by unqualified persons); and

(b) section 20(151) (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 1982(152)—

(a) section 57(153) (being in or on building etc. with intent to commit theft);

(b) section 58 (convicted thief in possession)(154); and

(c) section 60(155) (powers of search and seizure).

109.   An offence under section 22 of the Rent (Scotland) Act 1984(156) (unlawful eviction and harassment of occupier).

110.   An offence under section 85(1) of the Postal Services Act 2000(157) (prohibition on sending certain articles by post).

111.   An offence under any of the following provisions of the Serious Organised Crime and Police Act 2005(158)—

(a) section 67 (offences in connection with disclosure notices or search warrants);

(b) section 129(159) (corresponding Scottish offence);

(c) section 145 (interference with contractual relationships so as to harm animal research organisation); and

(d) section 146(160) (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)(161); or

(b) section 74 of the Criminal Justice (Scotland) Act 2003 (offences aggravated by religious prejudice)(162).

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 2009(163) applies—

(a) section 1(1) (prejudice relating to disability); or

(b) section 2(1) (prejudice relating to sexual orientation or transgender identity).

Other S

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 offences

118.   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 offences

119.   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 abroad

120.   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.”.

Commencement Information

I1 Art. 5 in force at 8.2.2016, see art. 1(1)

(1)

2007 asp 10.

(2)

S.I. 1974/2211, as amended by S.I. 1977/361; S.I. 1984/1182; S.I. 1990/2371; S.I. 2011/2883; and S.I. 2014/3158.

(3)

1981 c.69.

(4)

Section 1 was amended by the Criminal Justice (Scotland) Act 2003 (asp 7), schedule 5; the Nature Conservation (Scotland) Act 2004 (asp 6) (“the 2004 Act”), schedule 6, paragraph 2, the Wildlife and Natural Environment (Scotland) Act 2011 (asp 6) (“the 2011 Act”), section 3(2) and (3); and by S.I. 2011/1043.

(5)

Section 5 was amended by the 2004 Act, schedule 6, paragraph 6.

(6)

Section 9 was amended by the 2004 Act, schedule 6, paragraph 8; and by the 2011 Act, section 7(2).

(7)

Section 11 was amended by the 2004 Act, schedule 6, paragraph 10; and by the 2011 Act, section 13(2).

(8)

Sections 11A, 11B and 11C were inserted by the 2011 Act, section 13(3) . Section 11A was amended by S.S.I. 2013/119.

(9)

Section 14ZC was inserted by the 2011 Act, section 14(3).

(10)

Section 15A was inserted by the 2004 Act, schedule 6, paragraph 14 and amended by the 2011 Act, section 21(4) and by S.I. 2013/1506.

(11)

1991 c.65. The Act was amended by the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c.40), Schedule 4, paragraph 81; the Dangerous Dogs (Amendment) Act 1997 (c.53), sections 1 to 3; the Control of Dogs (Scotland) Act 2010 (asp 9), section 10 and paragraph 2 of Schedule 1; and the Anti-social Behaviour, Crime and Policing Act 2014 (c.12), sections 106(2)(a)(ii) and 107.

(12)

1992 c.51. The Act was amended by the Planning (Consequential Provisions) (Scotland) Act 1997( c.11), Schedule 2, paragraph 53; the Wild Mammals (Scotland) Act 2002 (asp 6), Schedule 1; and the 2004 Act, schedule 6, paragraph 26; and the 2011 Act, sections 33 and 41(4).

(13)

S.I 1994/2716.

(14)

Regulation 39 was amended by S.S.I. 2008/17 and S.S.I. 2008/425.

(15)

Regulation 41 was amended by S.S.I. 2004/475 and S.S.I. 2007/80.

(16)

S.I. 1995/731 was amended by S.I. 1999/400; S.I. 1999/1820; S.S.I. 2000/62; S.S.I. 2001/145; S.S.I. 2002/238; S.S.I. 2004/13; S.S.I. 2006/536; S.S.I. 2007/150; S.S.I. 2012/321; and S.S.I. 2015/13.

(17)

1996 c.3. The Act was amended by the Protection of Wild Mammals (Scotland) Act 2002 (asp 6), schedule 6, paragraph 1 and S.S.I. 2016/536.

(18)

2002 asp 6. The Act was amended by the Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), schedule 1, Part 2 and by S.S.I. 2006/536.

(19)

2006 asp 11. The Act was amended by the Police and Fire Reform (Scotland) Act 2012 (asp 8) (“the 2012 Act”), schedule 7, Part 1, paragraph 34.

(20)

2006 c.52.

(21)

1996 c.16. Section 89 was amended by the Police Reform Act 2002 (c.30), section 104(1); the Serious Organised Crime and Police Act 2005 (c.15), Part 2 of Schedule 17; and by S.I. 2012/1809 and S.S.I. 2013/602.

(22)

2005 c.11.

(23)

2005 asp 2. The Act was amended by the Fire (Scotland) Act 2005 (asp 5), section 38 and schedule 3, paragraph 23; the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), section 44(4); and the 2012 Act, schedule 7, Part 1, paragraph 25 and Part 2, paragraph 67; and by S.S.I. 2008/37 and S.S.I. 2013/211.

(24)

2005 asp 5.

(25)

2012 asp 8.

(26)

1982 c.36.

(27)

Section 20B was inserted by the Anti-terrorism, Crime and Security Act 2001 (c.24), section 86(1) and amended by the Civil Aviation Act 2012 (c.19), Schedule 11, paragraph 15.

(28)

Section 21FA was inserted by the Anti-Terrorism, Crime and Security Act 2001 (c.24), section 87.

(29)

1977 c.45. Section 51 was amended by the Criminal Justice Act 1991 (c.53), section 26(4).

(30)

2010 c.23.

(31)

2001 asp 8.

(32)

Section 45 was amended by S.I. 2007/3101.

(33)

2010 asp 8.

(34)

S.S.I. 2011/215.

(35)

S.S.I. 2011/210.

(36)

2005 asp 10, to which there are no relevant amendments.

(37)

1991 c.48. The Act was amended by the Child Maintenance and Other Payments Act 2008 (c.6), Schedule 7, paragraph 1 and Schedule 8; and by S.I. 2005/1790; S.I. 2008/2833; and S.I. 2012/2007.

(38)

1984 c.37. Section 6 was amended by the Law Reform (Parent and Child) (Scotland) Act 1986 (c.9), sections 9 and 10 and Schedule 1, paragraph 20; the Age of Legal Capacity (Scotland) Act 1991 (c.50), Schedule 2, paragraph 1; and the Children (Scotland) Act 1995 (c.36), Schedule 4, paragraph 34.

(39)

1987 c.32. Section 1 was amended by the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13) (“the 2010 Act”), section 35(2).

(40)

2011 asp 13.

(41)

1971 c.38.

(42)

Section 3 was amended by the 2010 Act, schedule 17, paragraph 4.

(43)

Section 4 was amended by the 2010 Act, schedule 17, paragraph 5.

(44)

Section 4A was inserted by the Drugs Act 2005 (c.17), section 1(1).

(45)

Section 12 was amended by the Customs and Excise Management Act 1979 (c.2), Schedule 4, paragraph 8.

(46)

Section 13 was amended by the Police Reform and Social Responsibility Act 2011 (c.13), Schedule 17, paragraph 12 and by the Scotland Act 2012 (c.11), section 19.

(47)

Section 19 was amended by the Serious Crime Act 2007 (c.27), Schedule 6, paragraph 53.

(48)

1979 c.2. Sections 50, 68 and 170 were amended by the Police and Criminal Evidence Act 1984 (c.60), section 114(1); the Finance Act 1988 (c.33), section 12; the Criminal Justice Act 2003 (c.44), section 293; the Criminal Justice and Immigration Act 2008 (c.4), Schedule 17; the Anti-social Behaviour, Crime and Policing Act 2014 (c.12), section 111; and S.I. 2015/664. Sections 50 and 170 were also amended by the Forgery and Counterfeiting Act 1981 (c.45), section 23; and by S.I. 1996/2686. Sections 50 and 68 were also amended by the Criminal Procedure (Scotland) Act 1975 (c.21), section 289F and 289G. Sections 68 and 170 were also amended by the Finance (No. 2) Act 1992 (c.48), Schedule 2.

(49)

1971 c.38. Section 3 was amended by the Police Reform and Social Responsibility Act 2011 (c.13), Schedule 17, paragraph 4.

(50)

1990 c.5. The Act was relevantly amended by the Criminal Justice Act 1993 (c.36), section 23; the Criminal Justice (International Co-operation) (Amendment) Act 1998 (c.27), section 1; the Criminal Justice (Scotland) Act 1995 (c.20), Schedule 7, Part 2; the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c.40), Schedule 5; the Proceeds of Crime Act 2002 (c.29), Schedule 11, paragraph 21; the Criminal Justice Act 2003 (c.44), Schedule 28, paragraph 3; and the Police Reform and Social Responsibility Act 2011 (c.13), Schedule 17, paragraph 22.

(51)

2003 asp 13. Section 316 was amended by the Adult Support and Protection (Scotland) Act 2007 (asp 10), section 71(3) and by S.S.I. 2005/46

(52)

2012 asp 8.

(53)

2000 c.8. The Act was relevantly amended by the Pension Schemes Act 2015 (c.8), Schedule 3, paragraph 2; the Financial Services Act 2012 (c.21), sections 11(2), 13, 25(1), 26 and 95 and Schedules 8, 9 and 12 and Part 1 of Schedule 18; and S.I. 2000/534, S.I. 2001/1090, S.I. 2005/1433, S.I. 2010/22, S.I. 2012/2554 and S.I. 2013/1773.

(54)

2012 c.21. The Act was amended by the Financial Services (Banking Reform) Act 2013 (c.33), sections 105 and 106, Schedule 9, paragraph 4(3)(e) and Schedule 10, paragraph 9 and S.I. 2014/3329.

(55)

2005 asp 5. Section 72 was amended by S.S.I. 2005/2060.

(56)

1968 c.27.

(57)

Section 1 was amended by the Firearms (Amendment) Act 1988 (c.45) (“the 1988 Act”), section 2(2) and (3) and the Anti-social Behaviour Act 2003 (c.38) (“the 2003 Act”), section 39(2).

(58)

Section 3 was amended by the Violent Crime Reduction Act 2006 (c.38) (“the 2006 Act”), section 31(1) and Schedule 5 and the Firearms (Amendment) Act 1997 (c.5) (“the 1997 Act”), section 2(1).

(59)

Section 22 was amended by the 1988 Act, section 23(4); the 2003 Act , Schedule ;3 and the 2006 Act, section 33(3); and by S.I. 1992/2823 and S.I. 2010/1759.

(60)

Section 23 was amended by the 1988 Act, section 23(4), Schedule 2, paragraph 3 and Schedule 3; the 2003 Act, section 38(3)(b) and Schedule 3; and the 2006 Act, section 34(3) and Schedule 5.

(61)

1982 c.45.

(62)

1997 c.5. The Act was relevantly amended by S.I. 2011/713.

(63)

2006 c.38.

(64)

1990 c.16.

(65)

Section 7 was amended by S.I. 2004/3279.

(66)

Section 9 was amended by S.I. 2004/3279 and S.S.I. 2013/336.

(67)

S.I. 2004/3279. Regulation 4 was substituted by S.S.I. 2005/616.

(68)

2011 asp 15.

(69)

1981 c.45. The Act was relevantly amended by S.S.I 2014/3168.

(70)

1995 c.39. Section 46A was inserted by the Crime (International Co-operation) Act 2003 (c.32), section 89.

(71)

2010 asp 13.

(72)

2012 asp 8.

(73)

1995 c.46. Section 234A was inserted by the Protection from Harassment Act 1997 (c.40), section 11, and amended by the Crime and Punishment (Scotland) Act 1997 (c.48), Schedule 3; the Criminal Justice (Scotland) Act 2003 (asp 7), section 49(1); and the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13) (“the 2010 Act”), section 15.

(74)

1997 c.40. The Act was relevantly amended by the 2010 Act, section 49(2) and the Domestic Abuse (Scotland) Act 2011 (asp 13), section 1(3).

(75)

1971 c.77.

(76)

Section 24 was amended by the National Health Service (Scotland) Act 1972 (c.58), section 64(1) and Schedule 6, paragraph 155; the Criminal Procedure (Scotland) Act 1975 (c.21), sections 289F and 289G; the British Nationality Act 1981 (c.61), section 39 and Schedule 4, paragraph 2; the Immigration Act 1988 (c.14), sections 6 and 10 and Schedule 1, paragraph 10; the Asylum and Immigration Act 1996 (c.49), section 6; the Immigration and Asylum Act 1999 (c.33), Schedule 16, paragraph 1; and the Nationality, Asylum and Immigration Act 2002 (c.41), section 62.

(77)

Section 24A was inserted by the Immigration and Asylum Act 1999 (c.33), section 28 and amended by the Nationality, Immigration and Asylum Act 2002 (c.41) (“the 2002 Act”), Schedule 9, paragraph 1.

(78)

Sections 25 to 25C were substituted for section 25 by the 2002 Act, section 143. Section 25 was amended by the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c.9), section 1 and the UK Borders Act 2007 (c.30) (“the 2007 Act”), section 30.

(79)

Section 25A was amended by the 2007 Act, sections 29 and 30.

(80)

Section 25B was amended by the 2007 Act, section 30.

(81)

Section 26 was amended by the Criminal Procedure (Scotland) Act 1975, sections 289F and 289G; the British Nationality Act 1981, section 39 and Schedule 4, paragraph 3; the Asylum and Immigration Act 1996 (c.49), section 6; the Immigration and Asylum Act 1999 (c.33), section 30; and the 2002 Act, section 151 and Schedule 9, paragraph 1.

(82)

Section 26A was inserted by the 2002 Act, section 148 and amended by S.I. 2008/1693.

(83)

Section 26B was inserted by the 2002 Act, section 149.

(84)

Section 27 was amended by the Counter-Terrorism and Security Act 2015 (c.6), Schedule 5, paragraph 2 and by S.I. 1993/1813.

(85)

1999 c.33.

(86)

Paragraphs 4 and 5 of Schedule 11 were amended by the Immigration Act 2014 (c.22) (“the 2014 Act”), Schedule 9, paragraph 12.

(87)

Paragraphs 3, 4, 5 and 6 of Schedule 12 were amended by the 2002 Act, section 66.

(88)

Paragraph 4 of Schedule 12 was also amended by the 2014 Act, Schedule 9, paragraph 12.

(89)

2004 c.19. Section 35 was amended by the Immigration Act 2014 (c.22), Schedule 2, paragraph 5.

(90)

2006 c.13.

(91)

1986 c.45.

(92)

Section 131 was amended by S.I. 2010/18.

(93)

Section 206 was amended by the Company Directors Disqualification Act 1986 (c.46) (“the 1986 Act”), sections 21 and 25; the Criminal Justice (Scotland) Act 1987 (c.41) (“the 1987 Act”), sections 30, 35 and 47; and the Criminal Justice Act 1988 (c.33) (“the 1988 Act”), sections 86 and 123 and Schedule 8, paragraph 13; and by S.I. 1986/1996.

(94)

Section 208 was amended by the Small Business, Enterprise and Employment Act 2015 (c.26), Schedule 9, paragraph 52.

(95)

Section 216 was amended by the 1986 Act, sections 21 and 25; the 1987 Act, sections 30, 35 and 47; and the 1988 Act, sections 86 and 123 and Schedule 8, paragraph 13.

(96)

Section 235 was amended by the Enterprise Act 2002 (c.40), Schedule 17, paragraph 24.

(97)

1998 c.33.

(98)

1968 c.67. Section 67(2) and (3) was amended by the Health and Social Care Act 2001 (c.15), section 63(7)(a) and S.I. 2012/1916.

(99)

S.I. 2012/1916. The Regulations were relevantly amended by S.I. 2013/1855.

(100)

2003 asp 3.

(101)

2003 c.20. Parts 4 and 5 were amended by the Armed Forces Act 2006 (c.52), Schedule 16, paragraphs 198 and 199 and the Deregulation Act 2015 (c.20), Schedule 11.

(102)

2012 asp 8.

(103)

1981 c.42. Section 1 was amended by the Cinemas Act 1985 (c.13), section 24; the Broadcasting Act 1990 (c.42), Schedule 20, paragraph 20; and the Licensing Act 2003 (c.17), Schedule 6, paragraph 80.

(104)

1982 c.45.

(105)

Section 51 was amended by the Indecent Displays (Control) Act 1981 (c.42); the Broadcasting Act 1990 (c.42), sections 4, 87, 163 and 203 and Schedule 21; the Criminal Justice and Public Order Act 1994 (c.33), Schedule 9, paragraph 30; and the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13) (“the 2010 Act”), section 42.

(106)

Section 51A was inserted by the 2010 Act, section 42.

(107)

Paragraph 19 was amended by the Criminal Procedure (Scotland) Act 1975 (c.21) (“the 1975 Act”), section 289G; the Local Government etc. (Scotland) Act 1994 (c.39), Schedule 13, paragraph 129 and by S.I. 1984/526.

(108)

2000 c.26.

(109)

2003 c.21. Section 127 was amended by the Criminal Justice and Courts Act 2015 (c.2), section 51.

(110)

1937 c.37. The Act was relevantly amended by the Education (Scotland) Act 1962 (c.47), section 139; the Children and Young Persons Act 1963 (c.37), section 64 and Schedules 3 and 5; the 1975 Act, section 289G; the Children (Scotland) Act 1995 (c.36), Schedule 4, paragraph 7; the Employment Act 1989 (c.38), section 10 and Schedule 3; and by S.I. 1998/276 and S.S.I. 2000/149.

(111)

1963 c.37. Section 40 was amended by the 1975 Act, sections 289F and 289G and by S.I. 1998/276.

(112)

1982 c.45. Section 50 was amended by the Criminal Procedure (Scotland) Act 1975 (c.21) (“the 1975 Act”), section 289G.

(113)

1995 c.36. Section 81 was repealed by the Children’s Hearings (Scotland) Act 2011 (asp 1), schedule 6, paragraph 1.

(114)

2011 asp 1.

(115)

2012 asp 1.

(116)

1959 c.37. The Act was relevantly amended by the Restrictions of Offensive Weapons Act 1961 (c.2), section 1; the 1975 Act, sections 289E and 289G; the Criminal Justice Act 1982 (c.48), sections 35 and 46; and the Criminal Justice Act 1988 (c.33), section 46 and Schedule 8, paragraph 16.

(117)

1979 c.2. Section 50 was amended by the 1975 Act, sections 289F and 289G; the Police and Criminal Evidence Act 1984 (c.60), section 114(1); the Finance Act 1988 (c.33), section 12; the Criminal Justice Act 2003 (c.44), section 293; the Criminal Justice and Immigration Act 2008 (c.4), Schedule 17; the Anti-social Behaviour, Crime and Policing Act 2014 (c.12), section 111; and by S.I. 1996/2686.

(118)

1988 c.33. The Act was relevantly amended by the Offensive Weapons Act 1996 (c.26) (“the 1996 Act”), section 6; the Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10) (“the 2006 Act”), section 75; the Custodial Sentences and Weapons (Scotland) Act 2007 (asp 17) (“the 2007 Act”), section 60 and Schedule 5; and the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13) (“the 2010 Act”), section 36.

(119)

1995 c.39. The Act was relevantly amended by the 1996 Act (c.26), section 2; the 2006 Act, section 7; the 2007 Act, section 63; and the 2010 Act, section 37.

(120)

1920 c.75. The Act was amended by the Official Secrets Act 1939 (c.121), section 1; the Criminal Procedure (Scotland) Act 1975 (c.21), sections 221 and 289B; the Schedule to the Forgery and Counterfeiting Act 1981 (c.45); the Interception of Communications Act 1985 (c.56), section 114; the Official Secrets Act 1989 (c.6), section 11; and the Postal Services Act 2000 (c.26), Schedule 9, paragraph 1.

(121)

1989 c.6. The Act was relevantly amended as follows. Section 4 was amended by the Intelligence Services Act 1994 (c.13), Schedule 4, paragraph 4 and the Regulation of Investigatory Powers Act 2000 (c.23), Schedule 4, paragraph 5. Section 12 was amended by the Reserve Forces Act 1996 (c.14), Schedule 10, paragraph 22; the Government of Wales Act 1998 (c.38). Schedule 12, paragraph 30 the Scotland Act 1998 (c.46), Schedule 8, paragraph 26; the Northern Ireland Act 1998 (c.47), Schedule 13; the Police (Northern Ireland) Act 2000 (c.32), Schedule 6, paragraph 9; the Energy Act 2004 (c.20), Schedule 14, paragraph 6; the Serious Organised Crime and Police Act 2005 (c.15) (“the 2005 Act”), Schedule 4, paragraph 58; the Government of Wales Act 2006 (c.32), Schedules 10 and 12; and the Crime and Courts Act 2013 (c.22), Schedule 8, paragraph 36.

(122)

1989 c.45. Section 41 was amended by the Criminal Justice and Public Order Act 1994 (c.33), section 153 and the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13) (“the 2010 Act”), section 34.

(123)

2002 c.29.

(124)

Part 7 was amended by the 2005 Act, sections 102 to 106 and Schedule 17; the Crime and Courts Act 2013 (c.22), Schedule 8; the Serious Crime Act 2015 (c.9), section 37; and by S.I. 2006/308; and S.I. 2007/3398.

(125)

Part 8 was relevantly amended as follows. Section 342 was amended by the Serious Crime Act 2007 (c.27) (“the 2007 Act”), Schedule 10; the Coroners and Justice Act 2009 (c.25), Schedule 19, paragraph 9; and by S.I. 2007/3398.

(126)

Section 453A was inserted by the 2007 Act, section 81 and amended by the Policing and Crime Act 2009 (c.26), Schedule 7, paragraph 94.

(127)

S.I. 2013/2605.

(128)

S.I. 2015/206.

(129)

1995 c.39.

(130)

Section 9 was amended by the Sexual Offences (Scotland) Act 2009 (asp 9), schedule 5, paragraph 1 and by the 2010 Act, schedule 4, paragraph 11.

(131)

Section 13 was amended by the Sexual Offences (Scotland) Act 2009, schedules 5 and 6 and the Criminal Justice and Licensing (Scotland) Act 2010, section 45.

(132)

2007 asp 11.

(133)

1986 c.64.

(134)

Sections 3, 4, 4A and 5 were amended by the Serious Organised Crime and Police Act 2005 (c.15), Schedule 17.

(135)

Section 4A was inserted by the Criminal Justice and Public Order Act 1994 (c.33), section 154.

(136)

Section 5 was amended by the Crime and Courts Act 2013 (c.22), section 57.

(137)

Sections 18, 20, 21, 22 and 23 were amended by the Broadcasting Act 1990 (c.42), sections 164 and 203 and Schedule 21.

(138)

Sections 29B, 29C, 29D, 29E, 29F and 29G were inserted by the Racial and Religious Hatred Act 2006 (c.1), Schedule 1, paragraph 1 and amended by the Criminal Justice and Immigration Act 2008 (c.4), Schedules 16 and 28.

(139)

1988 c.52.

(140)

Section 1A was inserted by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c.10), section 143(2).

(141)

Section 2B was inserted by the Road Safety Act 2006 (c.49) (“the 2006 Act”), section 20.

(142)

Section 3ZB was inserted by the 2006 Act, section 21 and amended by the Criminal Justice and Courts Act 2015 (c.2) (“the 2015 Act”), Schedule 6.

(143)

Section 3ZD was inserted by the 2015 Act, section 29.

(144)

Section 4(1) was amended by the Road Traffic Act 1991 (c.40), section 4 and (in relation to Scotland) by the Serious Organised Crime and Police Act 2005 (c.15), Schedule 7, paragraph 27(4).

(145)

2009 asp 9.

(146)

1980 c.46. The Act was relevantly amended as follows. Section 26 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c.73) (“the 1985 Act”), section 56 and Schedule 1, paragraph 4; the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c.40) (“the 1990 Act”), Schedule 8, paragraph 29; the Legal Services (Scotland) Act 2010 (asp 16) (“the 2010 Act”), sections 123 and 125; and by S.S.I. 2000/121 and S.S.I. 2004/382. Section 27 was repealed by the 1990 Act, Schedule 9. Section 28 was amended by the 1985 Act, section 56 and Schedule 1, paragraph 6; and by S.S.I. 2000/121 and S.S.I. 2004/383. Section 31 was amended by the 1985 Act, section 56 and Schedule 1, paragraph 8; the 1990 Act, Schedule 9; the 2010 Act, section 123; and by S.S.I. 2000/121 and S.S.I. 2004/382. Section 32 was amended by the 1985 Act, section 56 and Schedule 1, paragraph 9; the Solicitors (Scotland) Act 1988 (c.42), section 6 and Schedule 1, paragraph 7; the 1990 Act, section 74 and Schedule 8, paragraph 29; the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), Schedule 4, paragraph 7; the Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), section 61; the Home Owner and Debtor Protection (Scotland) Act 2010 (asp 6), section 7; the 2010 Act, section 123; and by S.S.I. 2000/121 and S.S.I. 2004/382. Section 64CB was inserted by S.I. 2003/1398.

(147)

2000 c.11.

(148)

Paragraph 18 was amended by S.I. 2011/1938.

(149)

1966 c.36.

(150)

Section 19 was amended by the Criminal Procedure (Scotland) Act 1975 (c.21) (“the 1975 Act”), section 289B; the Criminal Law Act 1977 (c.45) (“the 1977 Act”), Schedule 13; and the Animals (Scientific Procedures) Act 1986 (c.14), section 27 and Schedule 3, paragraph 5.

(151)

Section 20 was amended by the 1975 Act, section 289B; and the 1977 Act, Schedule 13.

(152)

1982 c.45.

(153)

Section 57 was amended by the Criminal Procedure (Scotland) Act 1975 (c.21) (“the 1975 Act”), section 289G.

(154)

Section 58 was amended by the 1975 Act, section 289G and the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13) (“the 2010 Act”), section 24 and Schedules 2 and 5.

(155)

Section 60 was amended by the 1975 Act, section 289G and the Crime and Disorder Act 1998 (c.37), section 24.

(156)

1984 c.58. Section 22 was amended by the Housing (Scotland) Act 1988 (c.43), section 38.

(157)

2000 c.26.

(158)

2005 c.15.

(159)

Section 129 was amended by the Terrorism Act 2000 (c.11), section 12.

(160)

Section 146 was amended by the Charities Act 2011 (c.25), Schedule 7, paragraph 103.

(161)

1998 c.37. Section 96 was amended by the 2010 Act, section 25.

(162)

2003 asp 7. Section 74 was amended by the 2010 Act, section 25.

(163)

2009 asp 8.