Education, Children and Young People Committee
At its meeting on 30 November 2022, the Education, Children and Young People Committee considered a piece of subordinate legislation which is subject to the affirmative procedure.
This report summarises the purpose and the scrutiny of the instrument as well as confirming the Committee's decision.
The Police Act 1997 (Offences in Schedules 8A and 8B) Amendment (Scotland) Regulations 2022 was laid before the Scottish Parliament on 24 October 2022.
The purpose of the regulations are as follows -
To amend schedules 8A and 8B of the Police Act 1997 (“the 1997 Act”) which contain lists of offences. A conviction for an offence included in either list is, in accordance with specified rules, disclosable by the state (that is, Disclosure Scotland on behalf of the Scottish Ministers) on “higher level disclosures” beyond the point which the conviction becomes “spent” under the Rehabilitation of Offenders Act 1974 (“the 1974 Act”).
Higher level disclosures are the standard and enhanced disclosures under the 1997 Act and scheme record disclosure under the Protection of Vulnerable Groups (Scotland) Act 2007 (“the 2007 Act”).
A policy note published to accompany the statutory can be accessed here
The Delegated Powers and Law Reform Committee at its meeting on 1 November 2022considered the Instrument and made no comment.
At its meeting on 30 November 2022, the Committee considered the The Police Act 1997 (Offences in Schedules 8A and 8B) Amendment (Scotland) Regulations 2022.
The Committee heard evidence from the Minister for Children and Young People, Clare Haughey MSP.
Clare Haughey MSP, Minister for Children and Young People, moved motion S6M-06431 - That the Education, Children and Young People Committee recommends the Police Act 1997 (Offences in Schedules 8A and 8B) Amendment (Scotland) Regulations 2022 be approved.
The Committee agreed motion S6M-06431 unanimously.