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The Historical Sexual Offences (Disregarded Convictions and Official Records) (Scotland) Regulations 2019
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- Scottish Statutory Instruments
- 2019 No. 313
- Explanatory Note
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EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations specify the mechanisms for removing disregarded convictions from official records, and specify the identities of those persons who are to be treated as relevant record keepers, under section 10(3) and (5) of the Historical Sexual Offences (Pardons and Disregards) (Scotland) Act 2018 (“the Act”). Sections 15 to 18 of the Act came into force on 12 July 2018. The remainder of the Act comes into force on 15 October 2019, the same day as these Regulations.
Regulation 2 provides definitions for the terminology used in Regulation 3.
Regulation 3 specifies the means by which disregarded convictions are to be removed from official records. While any of the listed means is acceptable, the nature of a particular record may in practice require use of a particular method, or preclude the use of one or more methods.
Regulation 4 lists the persons defined as relevant record keepers, who will be required to remove references to disregarded convictions from official records held by them.
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