Legalize / United Kingdom / Scotland / Scottish-Statutory-Instrument

The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013

Type Scottish-Statutory-Instrument

Publication 2013-02-13

Last updated 2025-04-01

State In force

Jurisdiction Scotland

Department King's Printer for Scotland

Source legislation.gov.uk

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articles Not indexed

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(o) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(p) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(q) section 46(5) (power of search with warrant);

(r) section 47 (powers of constables to stop and search); and

(s) section 48 (production of certificates).

27

An offence under the Chemical Weapons Act 1996.

Forced marriage

28

An offence under section 122 of the Anti-social Behaviour, Crime and Policing Act 2014 (offence of forced marriage: Scotland).

Human trafficking and exploitation

29

An offence under section 22 of the Criminal Justice (Scotland) Act 2003 (traffic in prostitution etc.).

30

An offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (trafficking people for exploitation).

31

An offence under section 47 of the Criminal Justice and Licensing (Scotland) Act 2010 (slavery, servitude and forced or compulsory labour).

32

An offence under the Prohibition of Female Genital Mutilation (Scotland) Act 2005.

Medical professions etc.

33

An offence under section 10Z9 of the National Health Service (Scotland) Act 1978 (offences in relation to registration).

34

An offence under any of the following provisions of the Medical Act 1983—

(a) section 49 (penalty for pretending to be registered); and

(b) section 49A (penalty for pretending to hold a licence to practise) .

Serious organised crime

35

An offence under article 38 (offences relating to the Register) of the Pharmacy Order 2010.

Sexual offences

36

An offence under any of the following provisions of the Medicines Act 1968—

(a) section 67(1A) and (1B) (offences under Part III); and

(b) section 78 (restrictions on use of titles, descriptions and emblems)[^f00038].

37

An offence under the Official Secrets Act 1911[^f00039].

38

An offence under any of the following provisions of the Criminal Law (Consolidation) (Scotland) Act 1995[^f00040]—

(a) section 7[^f00041] (procuring);

(aa) section 9 (permitting girl to use premises for intercourse);

(b) section 11[^f00042] (trading in prostitution and brothel-keeping); ...

(d) section 13(9) (living on the earnings of another from male prostitution).

39

An offence under any of the following provisions of the Road Traffic Act 1988[^f00043]—

(a) section 1[^f00044] (causing death by dangerous driving);

(b) section 3ZC (causing death by driving: disqualified drivers); and

Stalking and harassment

40

An offence under any of the following provisions of the Criminal Justice and Licensing (Scotland) Act 2010—

(a) section 28 (involvement in serious organised crime);

(b) section 30 (directing serious organised crime); and

41

An offence under section 50(3) of the Customs and Excise Management Act 1979 (penalty for improper importation of goods) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876[^f00049], but only where the prohibited goods include indecent photographs of persons.

Terrorism

42

A sexual offence within the meaning given by section 210A(10) of the Criminal Procedure (Scotland) Act 1995[^f00050] other than an offence mentioned in paragraph (xxvii)(ZF) or (ZG) of that section (engaging while an older child in sexual conduct with or towards another older child).

43

An offence under any of the following provisions of the Sexual Offences Act 2003—

(za) section 66A (sending etc. photograph or film of genitals),

(zb) section 66B (sharing or threatening to share intimate photograph or film),

(a) section 67A (voyeurism: additional offences),

(b) section 103I (breach of sexual harm prevention order or interim sexual harm prevention order),

(d) section 122H (breach of sexual risk order or interim sexual risk order).

44

An offence under section 7 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (offence: breach of RSHO or interim RSHO etc.)[^f00052]

45

An offence under section 50A of the Criminal Law (Consolidation) (Scotland) Act 1995[^f00053] (racially aggravated harassment).

Violent offender orders

46

An offence under any of the following provisions of the Criminal Justice and Licensing (Scotland) Act 2010[^f00054]—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) section 39 (offence of stalking).

Vulnerable persons

47

An offence under any of the following provisions of the Terrorism Act 2000[^f00055]—

(a) section 11 (membership);

(b) section 12 (support);

(d) section 16 (use and possession);

(e) section 17 (funding arrangements);

(f) section 17A(2) or (4) (insurance payments made in response to terrorist demands)[^f00056];

(g) section 18 (money laundering);

(h) section 19[^f00057] (disclosure of information: duty);

(i) section 21A (failure to disclose: regulated sector);

(j) section 21D (tipping off: regulated sector);

(k) section 38B (information about acts of terrorism);

(l) section 39 (disclosure of information, &c.);

(m) section 54 (weapons training);

(n) section 56 (directing terrorist organisation);

(o) section 57 (possession for terrorist purposes);

(p) section 58 (collection of information);

(q) section 58A (eliciting, publishing or communicating); ...

(qa) section 58B (entering or remaining in a designated area);

(r) section 61 (inciting terrorism overseas).

48

An offence under any of the following provisions of the Anti-terrorism, Crime and Security Act 2001—

(a) section 47 (use etc. of nuclear weapons);

(b) section 50 (assisting or inducing certain weapons-related acts overseas);

(d) section 54 (offences);

(e) section 67 (offences);

(f) section 79 (prohibition of disclosures relating to nuclear security);

(g) section 80 (prohibition of disclosures of uranium enrichment technology);

(h) section 113 (use of noxious substances or things to cause harm and intimidate);

(i) section 114 (hoaxes involving noxious substances or things); and

(j) paragraph 7 of Schedule 3 (offences).

49

An offence under the Terrorism Act 2006.

Witness protection

50

An offence under any of the following provisions of the Counter-Terrorism Act 2008—

(a) section 2 (offence of obstruction);

(b) section 54 (offences relating to notification);

(d) paragraph 30 of Schedule 7 (offences: failure to comply with requirement imposed by direction);

(e) paragraph 30A of Schedule 7 (offences: relevant person circumventing requirements); and

(f) paragraph 31 of Schedule 7 (offences in connection with licences).

Statutory aggravations

51

An offence under section 113(1) of the Criminal Justice and Immigration Act 2008 (breach of violent offender order or interim violent offender order).

Other

Inchoate offences

52

An offence under section 83 of the Adults with Incapacity (Scotland) Act 2000 (offence of ill-treatment and wilful neglect).

53

An offence under section 315 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (ill-treatment and wilful neglect of mentally disordered person).

Superseded offences

54

An offence under any of the following provisions of the Protection of Vulnerable Groups (Scotland) Act 2007—

(a) section 34 (barred individuals not to do regulated work);

(b) section 35 (organisations not to use barred individuals for regulated work); and

Combined offences

55

Any offence where the conduct in respect of which the person was convicted also constituted a breach of a banning order granted under section 19 of the Adult Support and Protection (Scotland) Act 2007 (banning orders).

Corresponding offences elsewhere in the UK or abroad

56

An offence under any of the following provisions of the Serious Organised Crime and Police Act 2005—

(a) section 86 (offence of disclosing information about protection arrangements); and

(b) section 88 (offences of disclosing information relating to persons assuming new identity).

SCHEDULE B1 — OFFENCES WHICH ARE TO BE DISCLOSED SUBJECT TO RULES

Common law offences

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

Fraud.

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

Opening a lockfast place with intent to steal.

14

Public indecency.

15

Reset (excluding reset of plagium).

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17

Theft (excluding plagium).

18

Uttering.

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20

An offence under section 49 of the Adult Support and Protection (Scotland) Act 2007[^f00081] (obstruction).

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Statutory offences

Adult support and protection

24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Adults with incapacity

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Animals

26

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

27

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

30

An offence under section 42 of the Armed Forces Act 2006[^f00100] (criminal conduct) where the corresponding offence under the law of England and Wales is, or corresponds to, an offence listed in this Schedule.

31

An offence under section 89 of the Police Act 1996[^f00101] (assaults on constables).

32

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

33

An offence under the Emergency Workers (Scotland) Act 2005[^f00103].

34

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

Armed forces

35

An offence under section 90 of the Police and Fire Reform (Scotland) Act 2012[^f00105] (assaulting or impeding police).

Assaulting or hindering public officials

36

An offence under any of the following provisions of the Aviation Security Act 1982—

(a) section 1 (hijacking),

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

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

37

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

38

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

39

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

(a) section 45 (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—

(a) section 80(1) (offences in relation to registration under Chapter 3);

(b) section 81 (false statements in application under Chapter 3); and

Aviation

41

An offence under article 27 of the Public Services Reform (General Teaching Council for Scotland) Order 2011 (offences).

Bomb hoaxes

42

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

Bribery

43

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

Care services

44

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

45

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

46

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

47

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Charities

48

An offence under any of the following provisions of the Misuse of Drugs Act 1971—

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

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

(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 (directions prohibiting prescribing, supply etc. of controlled drugs by practitioners etc. convicted of certain offences);

(h) section 13 (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 (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).

Child Support

49

An offence under any of the following provisions of the Customs and Excise Management Act 1979 in relation to goods prohibited to be imported or exported under section 3(1) of the Misuse of Drugs Act 1971 (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

Crossbows

50

An offence under the Criminal Justice (International Co-operation) Act 1990.

Domestic abuse

51

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

Drugs

52

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

53

An offence under the Financial Services and Markets Act 2000.

54

An offence under the Financial Services Act 2012.

Escape from custody etc.

55

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

56

An offence under any of the following provisions of the Firearms Act 1968—

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

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

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

(e) section 23 (exceptions from section 22(4));

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

(g) section 29 (variation of firearm certificates);

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

(i) section 39 (offences in connection with registration);

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

Financial Services

57

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

58

An offence under the Firearms (Amendment) Act 1997.

Fire safety

59

An offence under any of the following provisions of the Violent Crime Reduction Act 2006—

(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);

(d) section 36 (manufacture, import and sale of realistic imitation firearms).

Firearms

60

An offence under any of the following provisions of the Food Safety Act 1990—

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

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

61

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

62

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

63

An offence under any of the following provisions of the Forgery and Counterfeiting Act 1981—

(a) section 18 (offence of reproducing British currency notes),

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

Food safety and standards

64

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

65

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

Forced marriage

66

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

Fraud and forgery

67

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

68

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

69

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

70

An offence under any of the following provisions of the Immigration and Asylum Act 1999—

(a) section 105 (false representations);

(b) section 106 (dishonest representations);

(i) paragraph 1 (obtaining certificates of authorisation by false pretences);

(ii) paragraph 4 (assaulting a detainee custody officer); and

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

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Harassment

71

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

72

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

Immigration, etc.

73

An offence under any of the following provisions of the Insolvency Act 1986—

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

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

74

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

75

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

76

An offence under any of the following provisions of the Human Medicines Regulations 2012—

(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).

Insolvency

77

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

Landmines

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.

Medicines

79

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

80

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

Mental health

81

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

(a) section 51 (obscene material);

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Neglect of duty

82

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

83

An offence under section 127(1) of the Communications Act 2003 (improper use of public electronic communications network).

Obscene material etc.

84

An offence under any of the following provisions of the Children and Young Persons (Scotland) Act 1937—

(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);

(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 (offences).

86

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

87

An offence under section 81 of the Children (Scotland) Act 1995 (offences in connection with orders etc. for the protection of children).

Offences in relation to children

88

An offence under any of the following provisions of the Children’s Hearings (Scotland) Act 2011—

(a) section 59 (offences); and

(b) section 171 (offences related to absconding).

89

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

90

An offence under the Restriction of Offensive Weapons Act 1959.

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 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—

(a) section 141 (offensive weapons); and

(b) section 141A (sale of knives and certain articles with blade or point to persons under eighteen).

Offensive behaviour etc.

93

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

(a) section 47 (prohibition of the carrying of offensive weapons);

(b) section 48 (search for offensive weapons);

(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).

Offensive weapons

94

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

95

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

96

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

97

An offence under any of the following provisions of the Proceeds of Crime Act 2002—

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

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Official Secrets Acts

98

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

99

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

100

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prisons

101

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

Proceeds of crime and money laundering

102

An offence under any of the following provisions of the Public Order Act 1986—

(a) section 1 (riot);

(b) section 2 (violent disorder);

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

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

(ea) section 4B (intentional harassment, alarm or distress on account of sex);

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

(g) section 18 (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 (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).

103

An offence under any of the following provisions of the Road Traffic Act 1988—

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

(b) section 2 (dangerous driving);

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

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

(f) section 4(1) (driving, or being in charge, when under the influence of drink or drugs);

(g) section 5(1) (driving or being in charge of a motor vehicle with alcohol concentration above prescribed limit); ...

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

(h) section 178 (taking motor vehicle without authority, etc.).

104

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

Prostitution

105

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

106

An offence under any of the following provisions of the Terrorism Act 2000—

(a) section 13 (uniform);

(b) section 36 (police powers);

(d) section 116 (powers to stop and search);

(e) paragraph 32 of Schedule 5 (urgent cases); and

(f) paragraph 18 of Schedule 7 (offences).

Public order

107

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Road traffic

108

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

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

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

Sexual offences

109

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

Solicitors

110

An offence under any of the following provisions of the Postal Services Act 2000—

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

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

Terrorism

111

An offence under any of the following provisions of the Serious Organised Crime and Police Act 2005—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) section 129 (corresponding Scottish offence);

(d) section 146 (intimidation of persons connected with animal research organisation).

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); or

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

Vets

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 applies—

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

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

Miscellaneous statutory offences

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.

116

An offence committed by aiding, abetting, counselling, procuring or inciting the commission of any offence listed in paragraphs 1 to 115A of this Schedule.

117

An offence committed by attempting or conspiring to commit any offence listed in paragraphs 1 to 115A of this Schedule.

Statutory aggravations

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).

Other

Inchoate 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.

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.

Superseded offences

121

An offence superseded (whether directly or indirectly) by any offence listed in paragraphs 1 to 120 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

122

An offence which was charged, and the conviction for which was received, in conjunction with any offence listed in paragraphs 1 to 121 of this Schedule.

Corresponding offences elsewhere in the UK or abroad

123

Medicines

Official Secrets

Prostitution

Road traffic

Serious organised crime

Sexual offences

Stalking and harassment

Terrorism

Violent offender orders

Vulnerable persons

Witness protection

Statutory aggravations

57

An offence in relation to which any of the following provisions applies—

(a) section 29(1) of the Criminal Justice and Licensing (Scotland) Act 2010 (offences aggravated by connection with serious organised crime); ...

(b) section 31 of the Counter-Terrorism Act 2008 (offences aggravated by terrorism);

(c) section 5 of the Human Trafficking and Exploitation (Scotland) Act 2015 (aggravation by connection with human trafficking activity);

(d) section 1 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (offences aggravated by involving abuse of partner or ex-partner).

Common law aggravations

58

An offence the conviction for which indicates that it was committed against a child.

59

An offence the conviction for which indicates that it included a sexual element.

Inchoate offences

60

An offence committed by aiding, abetting, counselling, procuring or inciting the commission of the offence of murder or any offence listed in paragraphs 1 to 59A of this Schedule.

61

An offence committed by attempting or conspiring to commit the offence of murder or any offence listed in paragraphs 1 to 59A of this Schedule.

Superseded offences

62

An offence superseded (whether directly or indirectly) by any offence listed in paragraphs 1 to 61 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

63

An offence which was charged, and the conviction for which was received, in conjunction with any offence listed in paragraphs 1 to 62 of this Schedule.

Corresponding offences elsewhere in the UK or abroad

64

Animals

Armed forces

Assaulting or hindering public officials

Aviation

Bomb hoaxes

Bribery

Care services

Charities

Child Support

Children

Common law aggravations

Inchoate offences

Superseded offences

Combined offences

Corresponding offences elsewhere in the UK or abroad

5A

Proceedings under Part 1 of the Air Weapons and Licensing (Scotland) Act 2015 in respect of—

(a) the grant or renewal of an air weapon certificate under section 5 of that Act;

(b) the variation of an air weapon certificate under section 10 of that Act;

(d) the grant of a permit under section 12, 13 or 17 of that Act; or

(e) the variation or revocation of a permit under section 16 of that Act.

55A

An offence under section 26 of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (care worker offence)

Exclusion of paragraphs 3 and 4(2) and (3), and exception from paragraph 5(2), of schedule 3 of the Act

5A

(1) The application of paragraph 3 of schedule 3 of the Act is excluded in relation to proceedings specified in paragraph 2 of schedule 1.

(2) The application of paragraph 4(2) and (3) of schedule 3 of the Act is excluded in relation to any question put to assess the suitability of a person for an office or employment mentioned in paragraph 6 of Part 2 of schedule 4.

(3) There is excepted from the provisions of paragraph 5(2) of schedule 3 of the Act any office or employment mentioned in paragraph 6 of Part 2 of schedule 4.

(4) Paragraphs (1), (2) and (3) do not apply in relation to an alternative to prosecution, or to any ancillary circumstances, given to a person when that person was under the age of18.

Revocation

6A

Persons employed for the purposes of a police force established under any enactment and persons appointed to assist in the carrying out of police functions.

30

Proceedings to determine whether regulation 6(1) (convictions) of the Victims' Payment Regulations 2020 excludes a person from entitlement to payments under those regulations.

16

Any question asked by or on behalf of the Victims' Payments Board, where—

(a) an application for payments under the Victims' Payment Regulations 2020 has been made;

(b) the question relates to the person whose disablement the application concerns, and

(c) the question is asked in order to assess whether regulation 6(1) (convictions) of the Victims' Payment Regulations 2020 excludes the person from entitlement to payments.

Ukrainian Nationals

17

(1) Any question asked, in order to assess the suitability of an individual to provide accommodation to a person who has permission to enter into or to stay in the United Kingdom granted under the immigration rules laid down under section 3(2) of the Immigration Act 1971 in relation to the Homes for Ukraine Sponsorship Scheme, in the circumstances set out in sub-paragraph (2).

(2) The circumstances are that—

(a) the question relates to the individual whose suitability is being assessed, or

(b) where the individual being assessed resides in the accommodation to be provided, the question relates to any other individual who is over the age of 16 years and who also resides in the accommodation being provided.

Homes for Ukraine Sponsorship Scheme

9A

Defeating the ends of justice.

10A

Embezzlement.

12A

Housebreaking with intent to steal.

13A

Perverting the course of justice (by whatever means and however the offence is described), including in particular—

(a) false accusation of a crime,

(b) perjury,

(d) prison breaking,

(e) subornation of perjury.

16A

Robbery.

16B

Wilful fire-raising.

Bribery

23A

An offence under the Bribery Act 2010.

Children

Computer misuse

24A

An offence under section 3ZA of the Computer Misuse Act 1990 (unauthorised acts causing, or creating risk of, serious damage).

Domestic abuse

24B

An offence under section 76 of the Serious Crime Act 2015 (controlling or coercive behaviour in an intimate or family relationship).

24C

An offence under section 2 of the Domestic Abuse (Scotland) Act 2011 (breach of domestic abuse interdict with power of arrest).

24D

An offence under section 1 of the Domestic Abuse (Scotland) Act 2018 (abusive behaviour towards partner or ex-partner).

Explosives

False statements and declarations

25A

An offence under section 44 of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements and declarations).

Firearms and other weapons

25B

An offence under section 1A of the Prevention of Crime Act 1953 (offence of threatening with offensive weapon in public).

27A

An offence under section 139AA of the Criminal Justice Act 1988 (offence of threatening with article with blade or point or offensive weapon).

Forced marriage

27B

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

Fraud and forgery

28A

An offence under any of the following provisions of the Forgery and Counterfeiting Act 1981—

(a) Part 1 (forgery and kindred offences),

(b) section 14 (offences of counterfeiting notes and coins),

(d) section 16 (offences involving custody or control of counterfeit notes and coins),

(e) section 17 (offences involving the making or custody or control of counterfeiting materials and implements).

Harassment

28B

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

28C

An offence under any of the following provisions of the Protection from Harassment Act 1997—

(a) section 2 (offence of harassment),

(b) section 2A (offence of stalking),

(d) section 4A (stalking involving fear of violence or serious alarm or distress),

(e) section 9 (breach of non-harassment order).

Health

28D

An offence under any of the following provisions of the Health and Care Act 2022—

(a) section 140 (offence of virginity testing: Scotland),

(b) section 141 (offence of offering to carry out virginity testing: Scotland),

(d) section 152 (offence of carrying out hymenoplasty: Scotland),

(e) section 153 (offence of offering to carry out hymenoplasty: Scotland),

(f) section 154 (offence of aiding or abetting etc. a person to carry out hymenoplasty: Scotland).

Human trafficking and exploitation

31A

An offence under section 3A of the Female Genital Mutilation Act 2003 (offence of failing to protect girl from risk of genital mutilation).

32A

An offence under any of the following provisions of the Human Trafficking and Exploitation (Scotland) Act 2015—

(a) section 1 (offence of human trafficking),

(b) section 4 (slavery, servitude, and forced or compulsory labour),

Insolvency

32B

An offence under any of the following provisions of the Insolvency Act 1986—

(a) section 206 (fraud, etc. in anticipation of winding up),

(b) section 207 (transactions in fraud of creditors),

(d) section 209 (falsification of company’s books),

(e) section 210 (material omissions from statement relating to company’s affairs),

(f) section 211 (false representations to creditors).

Medical professions etc.

34A

An offence under any of the following provisions of the Dentists Act 1984—

(a) section 38 (prohibition on practice of dentistry by laymen),

(b) section 39 (prohibition on use of practitioners’ titles by laymen).

34B

An offence under section 28(1) of the Opticians Act 1989 (penalty for pretending to be registered etc.).

34C

An offence under section 32 of the Osteopaths Act 1993 (offences).

34D

An offence under section 32 of the Chiropractors Act 1994 (offences).

34E

An offence under article 39 of the Health Professions Order 2001 (offences).

34F

An offence under article 44 of the Nursing and Midwifery Order 2001(offences).

Medicines

Official Secrets

37A

An offence under the Official Secrets Act 1920.

37B

An offence under the Official Secrets Act 1989.

Proceeds of crime and money laundering

37C

An offence under any of the following provisions of the Proceeds of Crime Act 2002—

(a) Part 7 (money laundering), other than section 339(1A),

(b) Part 8 (investigations).

Prostitution

Road traffic

Serious organised crime

39A

An offence under section 67 of the Serious Organised Crime and Police Act 2005 (offences in connection with disclosure notices or search warrants).

Sexual offences

41A

An offence under section 51A of the Civic Government (Scotland) Act 1982 (extreme pornography).

44A

An offence under any of the following provisions of the Sexual Offences (Scotland) Act 2009—

(a) section 54 (incitement to commit certain sexual acts outside Scotland),

(b) section 54A (offences committed outside Scotland),

44B

An offence under section 69 of the Serious Crime Act 2015 (possession of paedophile manual).

44C

An offence under any of the following provisions of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016—

(a) section 2 (disclosing, or threatening to disclose, an intimate photograph or film),

(b) section 24 (breach of sexual harm prevention order or interim sexual harm prevention order),

(d) section 37 (breach of orders equivalent to orders in Chapters 3 and 4).

Solicitors

44D

An offence under the Solicitors (Scotland) Act 1980.

Stalking and harassment

Taxation

46A

An offence under any of the following provisions of the Criminal Finances Act 2017—

(a) section 45(1) (failure to prevent facilitation of UK tax evasion offences),

(b) section 46(1) (failure to prevent facilitation of foreign tax evasion offences).

Terrorism

Violent offender orders

Vulnerable persons

Witness protection

Statutory aggravations

59A

An offence of assault the conviction for which indicates that it resulted in any of the following—

(a) disability,

(b) disfigurement (permanent or otherwise),

5A

Culpable and reckless conduct to the danger of life.

10A

Hijacking.

13A

Piracy.

17A

Treason.

18A

Uttering threats.

Aviation, maritime and spaceflight

35A

An offence under the Piracy Act 1837.

36A

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

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).

36C

An offence under any of the following paragraphs of schedule 4 of the Space Industry Act 2018—

(a) paragraph 1 (hijacking of spacecraft),

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

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

Computer misuse

45A

An offence under any of the following provisions of the Computer Misuse Act 1990—

(a) section 1 (unauthorised access to computer material),

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

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

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

Crossbows

Domestic abuse

Drugs

50A

An offence under any of the following provisions of the Psychoactive Substances Act 2016—

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

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

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

(e) section 48 (offence in relation to enforcement officers).

Escape from custody etc.

Financial Services

Fire safety

Firearms

59A

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

Food safety and standards

Forced marriage

Fraud and forgery

64A

An offence under the Fraud Act 2006.

64B

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

Harassment

Immigration, etc.

Insolvency

Landmines

Lasers

74A

An offence under the Laser Misuse (Vehicles) Act 2018.

Medicines

Mental health

Neglect of duty

Obscene material etc.

Offences in relation to children

88A

An offence under section 75 of the Age of Criminal Responsibility (Scotland) Act 2019.

Offensive behaviour etc.

Offensive weapons

93A

An offence under any of the following provisions of the Offensive Weapons Act 2019—

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

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

(d) section 38 (delivery of bladed products to residential premises etc),

(e) section 39 (delivery of bladed products to persons under 18),

(f) section 42 (delivery of bladed articles to persons under 18).

Official Secrets Acts

Prisons

Proceeds of crime and money laundering

Prostitution

Public order

102A

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

Road traffic

Sexual offences

Solicitors

Terrorism

Threatening or abusive behaviour

106A

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

Vets

Miscellaneous statutory offences

109A

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

Statutory aggravations

35A

An offence under article 19 of the Anaesthesia Associates and Physician Associates Order 2024 (offences relating to registration etc.).

31

Proceedings under Chapter 3 (sexual harm prevention orders) or 4 (sexual risk orders) of Part 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.

Non-disclosable convictions and non-disclosable children’s hearing outcomes

16AA

Theft by housebreaking.

24E

An offence under any of the following provisions of the Domestic Abuse (Protection) (Scotland) Act 2021—

(a) section 7 (offence of breaching notice),

(b) section 17 (offence of breaching order).

National Security and Official Secrets

37BA

An offence under any of the following provisions of the National Security Act 2023—

(a) section 1 (obtaining or disclosing protected information),

(b) section 2 (obtaining or disclosing trade secrets),

(d) section 4 (entering etc a prohibited place for a purpose prejudicial to the UK),

(e) section 12 (sabotage),

(f) section 13 (foreign interference: general),

(g) section 17 (obtaining etc material benefits from a foreign intelligence service),

(h) section 18 (preparatory conduct).

46ZA

An offence under any of the following provisions of the Hate Crime and Public Order (Scotland) Act 2021—

(a) section 3 (racially aggravated harassment),

(b) section 4(1) or (2) (offence of stirring up hatred).

Miscellaneous statutory offences

56A

An offence under section 184(1) of the Online Safety Act 2023 (offence of encouraging or assisting serious self-harm).

Statutory aggravations

5B

Culpable and reckless discharge of a firearm.

10B

Opening a lockfast place.

93B

An offence under section 21(1) of the Fireworks and Pyrotechnic Articles (Scotland) Act 2022 (prohibition on providing fireworks or pyrotechnics to children).

102B

An offence under any of the following provisions of the Abortion Services (Safe Access Zones) (Scotland) Act 2024—

(a) section 4(1) (offence of influencing, preventing access or causing harassment etc. in safe access zone),

(b) section 5(1) (offence of influencing, preventing access or causing harassment etc. in area visible or audible from safe access zone).

Treason

106B

An offence under the Treason Act 1351.

106C

An offence under the Treason Act 1708.

106D

An offence under section 2 of the Treason Act 1842.

Vets

Miscellaneous statutory offences

111A

An offence under any of the following provisions of the Online Safety Act 2023—

(a) section 179(1) (false communications offence),

(b) section 181(1) (threatening communications offence),

Statutory aggravations

115A

An offence of culpable and reckless conduct, the conviction for which indicates that it resulted in any of the following—

(a) injury,

(b) severe injury,

Adoption, fostering etc.

School care accommodation services

5A

Any question asked by or on behalf of any person for the purposes of assessing, investigating, reviewing or confirming the suitability of any individual to be in charge of or caring for children, within the meaning of paragraph 12 of schedule 2 of the 2007 Act and the question relates to an individual over the age of 16 who—

(a) resides in residential accommodation where a school care accommodation service is being provided,

(b) is not a pupil to whom the school care accommodation service is being provided,

(d) is not being assessed as to their suitability to carry out a regulated role with children.

National security

Financial services

The Gambling Commission

Registration of certain landlords

Public procurement

The Risk Management Authority

Access to information

Personnel suppliers

Non-solicitor investors in licensed legal services providers

Lay representatives

Homes for Ukraine Sponsorship Scheme

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