Miners’ Strike (Pardons) (Scotland) Act 2022

Pardons for certain individuals convicted of certain offences committed during miners’ strike

1

• (1) A qualifying individual who has been convicted of an offence listed in section 3 is pardoned for the offence if the conduct constituting the offence—

• (a) occurred during the period beginning with 12 March 1984 and ending with 3 March 1985, and

• (b) in relation to—

• (i) an offence listed in section 3(a) to (ca), meets condition A or condition B, or

• (ii) the offence of theft, meets condition C.

• (2) Condition A is that the conduct—

• (a) occurred while the individual was engaged or participating in—

• (i) activity (whether or not organised) supporting or opposing the miners’ strike, or

• (ii) activity ancillary to such activity (for example, assembling before or after or travelling to or from such activity), and

• (b) did not occur for a reason unrelated to the miners’ strike (for example, a disagreement about a personal matter).

• (3) Condition B is that the conduct—

• (a) occurred in response to conduct that meets condition A, and

• (b) did not occur for a reason unrelated to the miners’ strike.

• (4) Condition C is that the conduct occurred because of economic hardship arising from participation (whether by the individual or another person) in the miners’ strike.

Pardons: qualifying individuals

2

In section 1, “qualifying individual” means an individual, including a deceased individual, who—

• (a) was a miner,

• (b) was, at the time of the commission of the offence, a member of the same household as a miner, or

• (c) was, at the time of the commission of the offence—

• (i) a parent of a miner,

• (ii) a child of a miner, or

• (iii) a sibling of a miner.

Pardons: offences

3

The offences referred to in section 1 are—

• (a) breach of the peace,

• (b) an offence under section 3 of the Bail etc. (Scotland) Act 1980 (breach of bail conditions),

• (c) an offence under section 41(1)(a) of the Police (Scotland) Act 1967 (obstructing police etc.),

• (ca) an offence under section 7 of the Conspiracy, and Protection of Property Act 1875(c) (penalty for intimidation or annoyance by violence or otherwise),

• (d) theft.

Pardons: supplementary

4

Section 1 does not—

• (a) affect any conviction or sentence,

• (b) give rise to any right, entitlement or liability, or

• (c) affect the Royal prerogative of mercy.

Interpretation

5

In this Act—

• “conviction” includes any finding in criminal proceedings that a person has committed an offence or done the act or made the omission charged (including a finding linked with mental disorder or in respect of which an admonition or absolute discharge is made), and “convicted” is to be construed accordingly,

• “household” means a group of people living together as a family or other unit (whether or not related) in a private dwelling, who— have the dwelling as their only or main residence, and share living accommodation and cooking facilities,

• “miner” means an individual who at any time during the period beginning with 12 March 1984 and ending with 3 March 1985 was employed in any part of Great Britain— by the National Coal Board established under section 1 of the Coal Industry Nationalisation Act 1946, or by a person holding a licence granted under section 36(2)(a) of that Act,

• “miners’ strike” means the national concerted stoppage of work by miners led by the National Union of Mineworkers,

• “sibling of a miner” means an individual who has at least one parent in common with a miner.

Commencement

6

This Act comes into force on the day after Royal Assent.

Short title

7

The short title of this Act is the Miners’ Strike (Pardons) (Scotland) Act 2022.

Pardons for certain individuals convicted of certain offences committed during miners’ strike

Pardons: qualifying individuals

Pardons: offences

Pardons: supplementary

Interpretation

Commencement

Short title

Editorial notes

[^key-edd37da33760a5f5354994e5e5387feb]: S. 1 in force at 27.7.2022, see s. 6

[^key-7b9357534647cdb6bdc309482d5a75b7]: S. 2 in force at 27.7.2022, see s. 6

[^key-873c1d11735f4c9580ff55bc81ecbbe1]: S. 3 in force at 27.7.2022, see s. 6

[^key-78615b2eeddafb5532e1a6fd2a616a99]: S. 4 in force at 27.7.2022, see s. 6

[^key-cd2401d6e97c75b8fbaac61b3ae0e407]: S. 5 in force at 27.7.2022, see s. 6

[^key-11b33d9aced4f61f0337087e5bfd8b79]: S. 6 in force at 27.7.2022, see s. 6

[^key-c4c23692b20b8d09c7cebec037dd3e78]: S. 7 in force at 27.7.2022, see s. 6

[^key-02dd0a2c6b6c1141a3acfd6faa5c978a]: Words in s. 1(1)(b)(i) substituted (22.1.2025) by The Miners’ Strike (Pardons) (Scotland) Act 2022 (Consequential Modifications) Order 2024 (S.I. 2024/1304), arts. 1(1), 2(2)

[^key-e094b0c01c132892c67773b7486ea1d4]: S. 3(ca) inserted (22.1.2025) by The Miners’ Strike (Pardons) (Scotland) Act 2022 (Consequential Modifications) Order 2024 (S.I. 2024/1304), arts. 1(1), 2(3)

Pardons: qualifying individuals

Pardons: offences

Pardons: supplementary

Interpretation

Commencement

Short title