Amendment of Schedule B1 of the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 20133

1

Schedule B1 (offences which are to be disclosed subject to rules) of the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 201358 is amended as follows.

2

Omit paragraph 1.

3

After paragraph 5 insert—

5A

Culpable and reckless conduct to the danger of life.

4

Omit paragraphs 8 and 9.

5

After paragraph 10 insert—

10A

Hijacking.

6

Omit paragraphs 11 and 12.

7

After paragraph 13 insert—

13A

Piracy.

8

Omit paragraph 16.

9

After paragraph 17 insert—

17A

Treason.

10

After paragraph 18 insert—

18A

Uttering threats.

11

Omit paragraphs 19 and 21 to 29.

12

The heading after paragraph 35 becomes—

Aviation, maritime and spaceflight

13

Before paragraph 36 insert—

35A

An offence under the Piracy Act 183759.

14

In paragraph 36, for sub-paragraphs (a) and (b) substitute—

a

section 1 (hijacking)60,

b

section 2 (destroying, damaging or endangering safety of aircraft),

c

section 3 (other acts endangering or likely to endanger safety of aircraft),

d

section 4 (offences in relation to certain dangerous articles).

15

After paragraph 36 insert—

36A

An offence under section 9 of the Aviation and Maritime Security Act 1990 (hijacking of ships)61.

36B

An offence under article 265 of the Air Navigation Order 2016 in respect of a contravention of article 240 of that Order (endangering safety of an aircraft)62.

36C

An offence under any of the following paragraphs of schedule 4 of the Space Industry Act 201863—

a

paragraph 1 (hijacking of spacecraft),

b

paragraph 2 (destroying, damaging or endangering safety of spacecraft),

c

paragraph 3 (other acts of endangering or likely to endanger safety of spacecraft),

d

paragraph 5 (offences in relation to certain dangerous articles).

16

Omit paragraphs 37 and 38.

17

After paragraph 45 insert—

Computer misuse45A

An offence under any of the following provisions of the Computer Misuse Act 199064—

a

section 1 (unauthorised access to computer material)65,

b

section 2 (unauthorised access with intent to commit or facilitate commission of further offences)66,

c

section 3 (unauthorised acts with intent to impair, or with recklessness as to impairing, operation of a computer etc.)67,

d

section 3A (making, supplying or obtaining articles for use in an offence under section 1, 3 or 3ZA)68.

18

Omit paragraph 47.

19

After paragraph 50 insert—

50A

An offence under any of the following provisions of the Psychoactive Substances Act 201669—

a

section 5 (supplying, or offering to supply, a psychoactive substance),

b

section 7 (possession of psychoactive substance with the intent to supply),

c

section 8 (importing or exporting a psychoactive substance),

d

section 9 (possession of a psychoactive substance in a custodial institution),

e

section 48 (offence in relation to enforcement officers).

20

In paragraph 56—

a

omit the “and” immediately following sub-paragraph (d),

b

after sub-paragraph (e) insert—

f

section 28A(7) (certificates: supplementary)70;

g

section 29 (variation of firearm certificates)71;

h

section 30D(3) (revocation of certificates: supplementary)72;

i

section 39 (offences in connection with registration)73;

j

section 40 (compulsory register of transactions in firearms)74.

21

After paragraph 59 insert—

59A

An offence under section 31 of the Air Weapons and Licensing (Scotland) Act 2015 (false statements, certificate and permits)75.

22

Omit paragraph 62.

23

For paragraph 63 substitute—

63

An offence under any of the following provisions of the Forgery and Counterfeiting Act 198176—

a

section 18 (offence of reproducing British currency notes),

b

section 19 (offences of making etc. imitation British coins).

24

After paragraph 64 insert—

64A

An offence under the Fraud Act 200677.

64B

An offence under section 993 of the Companies Act 2006 (offence of fraudulent trading)78.

25

Omit paragraphs 67 to 69.

26

Omit paragraph 70(d).

27

Omit paragraph 73(b) and (c).

28

After paragraph 74 insert—

Lasers74A

An offence under the Laser Misuse (Vehicles) Act 201879.

29

Omit paragraph 81(b).

30

After paragraph 88 insert—

88A

An offence under section 75 of the Age of Criminal Responsibility (Scotland) Act 201980.

31

Omit paragraph 89.

32

After paragraph 93 insert—

93A

An offence under any of the following provisions of the Offensive Weapons Act 201981—

a

section 1 (sale of corrosive products to persons under 18),

b

section 6 (offence of having a corrosive substance in a public place)82,

c

section 11(5) (offences of obstruction and concealment relating to a search for corrosive substances: Scotland).

33

Omit paragraphs 94 to 96.

34

In paragraph 97—

a

for sub-paragraph (a) substitute—

a

section 339(1A) (making disclosures otherwise than in the prescribed form and manner)83;

b

omit sub-paragraph (b).

35

Omit paragraph 100.

36

After paragraph 102 insert—

102A

An offence under section 68(1) of the Criminal Justice and Public Order Act 1994 (aggravated trespass)84.

37

In paragraph 103—

a

in sub-paragraph (g) for “5(1)(a)” substitute “5(1)”,

b

omit the “and” immediately following sub-paragraph (g),

c

after sub-paragraph (g) insert—

ga

section 5A (driving or being in charge of a motor vehicle with concentration of specified controlled drug above specified limit)85;

38

Omit paragraph 105.

39

After paragraph 106 insert—

Threatening or abusive behaviour106A

An offence under section 38 of the Criminal Justice and Licensing (Scotland) Act 2010 (threatening or abusive behaviour)86.

40

Omit paragraph 107.

41

After paragraph 109 insert—

109A

An offence under section 1 of the Malicious Communications Act 1988 (sending letters etc. with intent to cause distress or anxiety)87.

42

For paragraph 110 substitute—

110

An offence under any of the following provisions of the Postal Services Act 200088—

a

section 83 (interfering with the mail: postal operators)89,

b

section 85(1) (prohibition on sending certain articles by post).

43

Omit paragraph 111(a).